New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-04-21
4 pEpNTCIOCS BILL,


for actions 10 recover damages caused by rail-
roads in cities, which passed the Senate last
week in the face of the most vigorous protests
of Mr. Fassctt and Mr.. SaXton, is one OF the
most vicious pieces OF special legislation that
have come TO the surface at Albany in many
wears. II seems astonishing that it should have
received the support OF majority OF the SEN
ate, if its real character was UNDERSTOOD It's
unmistakable purpose is to deprive property
owners along the lines OF the elevated railroads
in this city and Brooklyn OF their rights ana
remedies which arc assured to them under ex-
isting law. as declared by the Court OF Appeals
and the lower courts, against these arrogant
and masterfu corporations
The assertion that the bill was introduced in
the interest of railroads in the western part OF
the State will find little credence. There Is at
present no railroad in Buffalo, or anywhere else
west of the Hudson River, that can be material
" affected by such a statute. But even II there
were. it would not make the proposed legisla-
ton any less unrighteOus or any less useful to
the elevated railroads in preventing the recov-
cry of millions Of dollars of damages inflicted
upon thousands Of abutting prOperty-owners
Compared to the money value of this bill, the
Battery Park grab is of very little consequence
10 these companies. There is, In fact, much
to sustain the suspicion that the slulful man
ayers OF these great corporations were quite
content that public attention should be con-
centrated upon the Battery Park scheme. pro-
viding it served to allow this vastly more I'M
portant measure 10 slip through the Legslat-
ure without its vicious objects being detected.
The bill limits the beginning of actions for
damages inflicted by such railways to two years
after the passage Of the act or two years after
the structures were erected and it was serious
| y argued by good lawyers in the Senate thai
there mrked within the language of the bill
danger that it might be used to prevent re-
coyerics by property owners who had already
berun suits as the structures have been erected
more than two years Whether that is so or
| not no good reason can be given why two
years statute of limitation should be granted
to the elevated railroads when the same i'm
munites are denied to all other corporations
and individuals in the State. The averment has
also remained unanswered, that the purpose OF
the provision permitting recovery in such cases
to be had in either the equity or common law
| courts is to avoid the issuance OF inlunctons
by the courts-the only form of remedy to which
the elevated railroad magnates have not BIC
defiance, or which enables the property owner
to secure the payment of the damages to which
| tho courts have declared he is entitled. In all
its aspects the bill is unjust, against the public
interests, and has absolutely nothing to support
it except the unjustifiable purposes of these
corporations.
The action of NewYOrll members OF the
Legislature upon this bill will be watched with
keen attention. Stories Of combinations be-
tween the legislative interests Of these COM
panies and the political interests of Governor
Hill and Tammany Hall have become common
of late The Governor has usually shown HIM
self too shrewd to be detected in furthering the
cause of any great monopoly interests; and it
is certain that nothing would be more fatal to
the future of any New-York or Brooklyn AS
semblyman than to be found supporting meas
ure which would deprive thousands of influential
citizens Of these cities Of the right to recover
from such invaders of public and private prop
erty the damages which they have inflicted
Some Senators may plead ignorance of the real
character OF the measure as an explanation OF
thoir votes in its favor No such excuse will
avail the Assemblymen or the Governor for its
true nature and effect have now been thorough
ly exposed.