New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-05-24
RAILROAD FRANCHISES AGAIN.
CHARLES HENRY BUTLER FURNISHES I'M
PORTANT FACTS REGARDING FOR
MID ITIc ALTON

PORTANT FACTS REGARDING FOR
MER LITIGATION.
Charles Henry Butler, the lawyer, who has been
connected with the litigation in reference 10 the
city's alleged rights in the Sixth and Eighth ave
surface railroads. furnishes the following interest,"
ing information bearing on the subject:
Apropos OF the recent decision or Judge Beach IA
the case enjon the change OF power OF tne
Eighth Avenue Railroad an interesting piece OK
ega history just been uneartned. Inc iran
chlses FOR both roads were granted simultaneously,
and Doth roads ran over the same traces tnfoe .
who mad a large grocery store on the corner OF COL
ege Place and Chambers-st.. claimed that the Com ON
mon Council. had right TO grant these franchises
The case was argued in the then superior , Coure
Judge Murray Hoffman, one of New-Yorks most
Distinguished jursts and the INJUNCTION was denieo
grant franchises for street railways because such
power was in the State had already been decided at
decisions but Judge Hoffman decided against them,
and in view of Judge Beach's decision the GROUNDS
of his refusal of interest at the present time me-
as his opinion was rendered at the time when me
franchises had just been granted He distinsu shed
these franchises from the others which had neea cen
held void because while in those cases the cit! had
parted with its rights If and m i bs sad
the license TO the streets for railroad IS not
divest the corporation OF inaenable control and
to confer vested rights upon others which may mo-,
statute Of the LEGISLATURE but find the power Of
corporation (New-York City, is in itself sufficient
reserved the power 10 cause the road or any part
thereof TO he taken up at any time 1t snail see
fit; has provided that the road shall be transferred
10 IL whenever IL demands IL upon payment OF
cost and 10 per added; and that the parties. on
being required at any time, shall take up the rails
at their own expense 49,,
Judge Hoffman then continued 10 show that this
special permission by which the city kept Itself in
position 10 purchase the road for It's use and TO
exiinguIsh monopoly in others and to remove such
portions as might be found injurious TO public con.
ven.ence and reserved the absolute power to annul
the license" the one ground upon which the rail-
road companies enabled to avail OF their fran
chlses. and In this respect ne SAYS; When the COM
panies accepted the permission thus conferred they
bound 10 know that the law was that the city
could not give them an irrevocable right: and hence
the power to take up the rails was not an unmean-
ing or contradictory reservation but declaration
OF the legal rights and position OF the parties.
Judge Hoffman proceeded further to show that
these provisions revocation took the Sixth and
Eighth ave cases out of the rule laid down in the
perpetual grant cases where the licenses had been
held void. and 1t Is a strange turna bout in legal
Eighth-ave. railroad companies themselves In 1884
In order to save their franchises. and which did
save them when they were first attacked within
three after the franchises were granted. should
be held absolutely null and void because cir
cumstancas have increased the value Of the fran
chises that the very benefits wh"h the ci,v re-
served in 1851 valuable in 1897 that millions
AZ offered them