New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-12-22
DECISION FOR THE CITY.
IT'S SUI AGAINST THE ELEVATED RAIL
ROAD.
THE COMPANY MUST PAY FIVE PER CENT OF
BUSINESS DONE UNDER THE NEW
YORK FRANCHISE.

BUSINESS DONE UNDER THE NEW
YORK FRANCHISE.
II the opinion of Judge Ingraham which VAS handed
down yesterday I'm the supreme Court be upheh IL
will cost the elevated railroad company somewhere III
the nelghborhood OF 900 900 TO settle wi uc u'
This is the contest the part OF the city 70 roie
per cent on the net receipts OF the New forh Ee''
Railroad Company, which is alleged to DC que unuci
the charter of the West side, Yonkers and Manhattan
Railroad Company, to which the New orh ri',aeu
Railroad Company succeeded IN his opinion Judge
IngIaham says:
Nv Chapter 4so OF the Laws of 1867 the West side.
YonSers and Manhattan Railroad Company corpora.
tion organized under the General ha,toau ole icvocd
railroad in the counties of New York and @
certain speeied route by seGnoH sbS al pay
the sum OF per cent OF the net inc9re OF sa iai"s
from passenger traffic upon Manhattan Island anu 40
such manner as the LEGISLATURE may hereafter direct as
compensation to the corporation thereof for the use
In deciding this question shall assume that Chapter
s55 OF the Laws of 1865 Is tS Eievatn
Railway 20, New-York 327, appears TO n s,cf
nimatsd opinion tina. this act was in r come de
fendant claim that the act IS unconstitutional hno
] think it my duty to follow this ntlmauon Oh the
The defendants strenuo,sly insist that Section
o. of the act Of 1857 before referred TO- aa NAMED
10 nav the per cent named Into the treasury oi uo
CITY OF New-York untl the Legislature should SUP
sequently direct Us TO what manner the SAM snoS
lie maid: that further legislation WAS contenpnteG
and necessary before Obligation woIu eA.s' -,
required the corporation TO pay to the CITY any sun "
think however that such construction would be
contrary to the plain Intent OF the legislature rs e4
messed In the act and that upon the acceptance oi
The franchise granted by the act thf NtS PORK per
cent Of the net income Of the railway from po
traffic upon Manhattan Island Is apparent as
further GeSEn i5S% ' s the corporation
bound to pay to the city OF nj dpfsndant
Haynr succeeded to the franchise rights and properly
OF The corporation named In that act tooa @l ,u. -
property the OBLIGATION TO pay act tne Known as the Rapid
Transit Act, Chapter 3oe Of the Laws oil io'o' WIS
The New York Elevated Railway, under the anthortS
given TO them, constructed rallroSid upon t rv'so
nAea h hotar 10 nav per cent Of the net earnings
from Messenger traffic extended 10 suoh tfahc uPo ee
railroad in I'd ti ou he u1 Rspt Tst Act was
passed the NewYors Elevated Railway ws oper0.nS
much Of If road a. had at na3T De 10 the city Of
York the percentage required by the % Hoer ns eo
o had O0 ssa not %u d.pud its s" ap
per cent. but expressly recognized II Ds m"AAs O''
pay BY operation of the provisions Of section 80 o. the
Rapid Transit Act It was a9'h or road was more
rd s 20 that sio when the railroad
structed said connection il had as TO sucn eAW tt
al the rights and %a ts tsSe had Beea part
the original route Of the railway. a., ..n,,or
What would have been the effect II the eAVensiyyn
had been built az part Of the ORIGINAL route OF o
railway Clearly The company would nsve t &Se
Dog tc upon such extension to the city, ana
think It follows that By building the ,vnns OF
YIN statnte the New-York Elevated Company became
liable to pas such percentage of its passenger o'''
The railroad corporation was not bound % %teP.
the FRANCHISE granted TO 1t, hut having acopT IL
u,as bTrnd no paw for its and upon no PIL.ipio
c"n,d n compel the city o give to any more hai
tbe nroperty that the city had in the streeus WHICH,
was necessary for its use. , ,,..n l., .,+i+,e,, n
X solIows therefore that the plaintiff Is en.a 10
an nterlcutory Judgment for an accounting o" oo,
referee the question of costs TO DO reSer'eu ui"'
iu6gm