The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-04-03
The ALDERMEN GRRAIGNED.
Why THEIR POWER TO Mold UP
FRANCHISES SHOULD M
TAKEN AWAY.


Ma CHMRMAN AID SENATORS: have the
honor 20 appear before you to-day In behalf
ri various corporate and individual interests
~ 1Tge the favorable report 10y your commit
geo Of certain bills introduced by senator
Ilsherg amending the Greater New York
Charter and the Rapid Transit act. Chapter Z
Offhe Laws Of 1901.
The scope and purpose NJ the amendatory
scts ma, be stated In brief 20 be- the transfer
~ the control Of the streets. bridges. tunnels,
PARKS and docks and all other public grounds
belonging TO the city, and tho transfer Of the
pow or Of granting any consent or franchise to
construct and operate street railways from
tho BOARD Of Aldermen to the Board Of Esti-
i10l" and Airport ionment In other words.
tu" proposed legislation makes the Board Of
Estimate and AppOrtionment the local au-
thortty or local authorities" whose consent is
necessary under section rs Of Article III. Of
our Constitution "a prerequisite to the con-
Eiruction and operation Of any street railroad.
On June Is. 1904. tho Rapid Transit Board
sent for approval TO the Board Of Aldermen
tho proposed contract between the city and
tho New York Connecting Railroad Company
The application was referred to the Alder
manic Committee on Bridges and Tunnels and
has slumbered there ever since.
Noe1panation Of the delay has been vouch-
Fafed no reason has been given no excuse
ias been offered. Week after week has
passed and month after month has gone by.
and still this great public improvement Is
retarded
The verb TO hold mp" Is appropriate. II is
graphic and expressive Our application has
not been formally rejected or openly killed.
j. has been held up" with Just as little COM
Function or conscience as that shown by
Arabs on the desert when they hold up and
loot a caravan fret GIFTED with rich spoil
The highwayman who in the eighteenth
century held up" the coach on Hounslow
Heath had some trace. at least. Of manhood,
for he too his life in his hands But this
modern method Of holding up" the grant OF
franchises cannot be- excused or palliatcd. be-
cause its method Is that Of the secret conspira-
tor who strikes his blow cloaked in secrecy.
Negation or nonfeasanCe in public office
often becomes the equivalent OF misfeasanCe,
And so here the ne glect Of the committee TO
report the failure Of the board TO pass tho
resolution or ordinance has become a denial
Of justice which calls for public Reproduction.
is this sort OF thing to be tolerated? Is this
outrage TO he borne in silence? Is good gov
eminent 10 be thus travested at the bchest
Of Aldermanic petty chicftains'
A few days ago Mr.. Justice Dickey OF the
Supreme Court in Brooklyn granted perempt-
CRY writ Of mandamus directing the Board OF
Aldermen 10 convene and vote on the appli-
cation Of this railroad company for a fran
Chise
In his mem orandum Judge DiCkey said:
In this case mandamus Is the only civil remedy.
/ an OF the opinion that this rcatoT Is rghtfuy
Invoking the power q the court In trying To move
along this enterprise. even though the public inter
est Is shared BY the corporation applying for the
franchise. The construction OF this rosd would he
. convenience and bcnent 70 many residents Of
Brooklyn.
The excuses for delay are fsuclfl pretended
hnd have no merit.
II is a basic principle Of the law that there
shall be no wrong without a remedy and here
the remedy by writ of mandanus is totally
Inadequate 10 prevent the recurrence OF in
Jurles such as We have suffered.
Before an application can be made for a
writ Of mandamus. and before a case for relief
can be made ont. there must always be a long
preliminary delay or period Of neglect by the
Aldermen. And then after the writ has been
granted an appeal can be taken from the de-
Cision Of the court at Special Term. and pend
ing the appeal all proceedings can b. stayed.
The order OF the court can be in some way
disregarded or even deh"d and violated, and
during all this time the public interest must
be in abeyauCc.
In order to guard against continued inius-
tee and a continued defiance Of public rights
there must be such a change m the law itself
IS will ofler IN initial guarantee against future
outrage.
We appeal 20 your commi ttep. not 10 cor
rect theoretical faults in the existing charter
and in the Rapid Transit act, not TO provide
for any faucicd grievance, but to right an
existing wrong.
Nor is our case a solitary instance. The
Fort Lee ferry connection is a noteworthy
illustration Of the peculiar methods now ia
vogue. 4 proposed contract between the
peterborough Rapid Transit Company rud
the Fort Ice fErry Company vas translutt"d
by the Rapid Transit Board to the Board Of
aldermen askinE Tor consent to the use Of
10 the Committee on Railroads, aud there ID
has remained without any further action.
Take another. striking example the case
ern Boulevard Railroad Company. The p'u-
tons were reintTOdUCed on April 4, 1894. and
referred to tie Railroad Committee. and "a
public hearing was held on May p. 1904 since
which time no action whatsoever has been
taken by the Board OF Aldermen
The Board OF Aldermen has been a. bad as
ils predecessor. Its favOrite method Of action
y 10 refer an application or petition to the
lie and slumber for years, or in some other
way TO delay action for months or wears With
out Vouchsaiing The I'll ghtest explanation OF
excuse to the applicant or to the public.
. What is the only possible explanation Of
tbs holding up by the Board OF Aldprmeny
The Aldermen have shown that when they
fancy or so desire they can act with reason.
able pTomptttude and without hesitation TO
exercise their discretion aud 20 bestOw their
favors
such IL the condition Of affairs to-day, and
such has been the practice Of The Board OF
Aldermen. such was the practice Of its
predecessor the Municipal Assembly, a prac-
tice which has formed a chain With many
links OF supine Indifference or malevolent
restraint. lettering the trade and commerce
business interests OF our great city aud the
adjacent territory.
We have thus far examined the condition Of
anairs and have skctChed the facts which de-
mAud immediate action on your part We
have drawn attention 10 the wrongs which cry
out TO Heaven and to the Legislature for jus
tCe, and IL now remains for US TO consider
whether there be any possible constitutional
or legal objection TO the proposed legislation.
nder the state Constitution Of lS46. as
originally passed, no consent of the local au-
thorities 20 the building or ntalninR OF a
street railroad was necessary, and il was not
until November, 1874, that the Constitution
was amended 50 as TO provide that mo law
shah authorize the construction or operation
81 a street railroad except upon the condition
that the consent Of the owners OF one-half In
value OF the property bounded on, and the
consent also OF the local authorities having
the control Of, that portion OF street or high
way upon which II II proposed TO construct or
operate such railroad be FIRST obtained.
This constitutional amendment came into
operation on Jan. I, 1878, and was reembodied.
without alteration In the new Constitution
adopted in November. 1894 which took effect
on the first day Of the following January.
The trainers OF a constitution have almost
unlimited power. and as Judge DEMO. In rem
dering an opinion Of the Court OF Appeals in
NOlVlnC the construction OF the Constitution