New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-03-13
NO ARCADE RAILWAY.
THE COURT OF APPEALS DECIDES AGAINST
THE BROADWAY UNDERGROUND ROAD
ALL LEGISLATION IN BEHALr or THE coRpo'
RATION SINCE THE ACT OF 1878 DECLARED
UNCONSTITUTIONAL AND yoID@A
SCHEME OF PNEUMATIC TUBES rs
NOT a RAlLwAY-ALL THE


JUDGES CONCUR.
Albany, March lathe Court Of Appeals to-day
handed down q decision IN the case Of John Jacob
Aston ct al, respondents, against the New-Sori
Arcade Railway Company. Tho majority opinion was
delivered By Judge Earl, the main points Of which
arc as follows:
The sole question for our determination is whether
the defendant has legal authority TO construct ana
operate railway under Broadway snd Asdison-
ave., In the city of NewYorE Tho defendant traces
its corporate existence to the act Chapter e4o oi
the laws of $685. aAn act to provide for the trans
mission of letters packages, and merchandise In the
cities of Rew.York and Brooklyn, and across the
North and East rivers 6y means Of ~ ths
tubes, to DO constructed oeDehln Sho suHAo0 oh s
streets and public places in said cities and under the
waters of said Tiyers.1 In August $685. The Beach
Pneumatic Transit Company was organized, the
object Of which corporation was declared to be 70
construct and operate pneumatic tube railways, anu
to exercise the powers, privileges and franchises
conferred By tho act Of $685. the capital stock was
fixed at s. 1000, the corporation to continue N
existence for the term of fifty years The act dia
confer railroad powers upon the corpoGaton ana
It did not subject them to any OF the railroad acts
All tho powers Of the company related TO the con-
Struction, and operation OF tho pnouIpaho tubes
Altar an exhaustive definition Of pneumatic tubes,
the opnon says When the laws OF state speak Of
railways they mean railways either for the general
carriage Of property or Of passengers or OF both and
n railway which may DO operated IN small pneumano
tubes By atmospheric pressure for the Transmission
al small paoEaeeG, "a not within such meaning"
From 1858 untu the beginning Of this achon IN
1896 so far as this record disclosed nothing whatever
was done By the corporation except 20 procure scs
of the Legislature purporting to enlarge Its powers
Chapter 105 OF tho laws Of 1874, An act supple
mental 10 and amendatory Of Chapter $40 OF the laws
of lses,S - then given With the comment: What was
before manufacturing corporation was converted nso
n railroad corporation, at least had superseded
the powers privileges duties and liabilities Of rai
road corporations under the guneral lava Of the stats
with authority by the consent Of the Engineer Comms-
soners ~ use for the movement Of SIS cars, boaes,
steam or any other power. Tho construction OF sueh
railway by such a corporation Is certainly suoleo'
not expressed IN the title Of tho act The only sub
ject there indicated IS tho transportation OF psssenseS
and property through pneumatic tubes by atmospheric
pressure. A dtle purporting that an act provides
for pneumatic transportation would not be sunieiens
for an act authorizing tho construction and operation
Of horse railway or steam railway =.
aThe title must be such at least ~ fairly 10 suggest
or xve olew to tho subject dealt with in the act and
unless It comes up to ths standard II falls below ne
constitutional requirement
IA person reading the title alone would have no
elev whatever 10 tho great railway scheme actually
authorized by the act and 50 the corporator, finding
that the corporation had outgrovn It's name, The
Beach Pneumatic Transit Company they, BY Act sos
of the Laws of 1s7A had changed to 'The Broadway
Underground Railway COMPANY and IN the
act ahead these before-eAlied tubes are calied
tunnels and ten years later by an order OF the
proper court the name was again changed 70 thS
'New-York Arcade Railway Company While tho
powers Of the corporation were subsequently, grssuy
enlarged All that is left as result Of all this isg
islation Is grand scheme for underground railways
"our conclusion therefore is that the act OF 1873
for tho insuciency Of It's title IS UnconstnhonA ana
void and hence all subsequent legislation based upon
that act must fan with It. The Judgment should DO
affirmed with COSTS
All the judges concur In this opinion. Il,
Judge Earl fled an opinion, eoncurred ~ ~ ies
minority Of the court n which he agrees vito JooE
Earl that the aet Of 1873 Is unconstitutional ana ved
but no says that By tho law of 1885 the COMPANY
would possess the right TO excsvAte for hetr railways
4 Suace OF fDTty four feet inside measufementss IN
width and without any limitations as 70 depth They
might construct railways without the pts OF ooe!
* 6nnsis and use any motive power which wonid
not permK the omission OF smoke or cindefs.