Year: 1863

Executive CuASBxR, ALBANY, May 7, 1868


In view Of the importance OF the measure have given


full patient hearing the friends and opponents OF
the act TO authorize the construction Of railroad IN cer
tain streets and avenues in New York; have come TO
the conclusion that ought not TO approve Of the bill
hold 1t to be unconstitutional, ss IL permits tho use OF
such st Gets and avenues without the consent OF the
Mayor, Aldermen and commonaty OF the city Of New
York. without providing for any compensation for
In tin respect deem 1t an invasion OF the
corporate franchises property Of the people OF that
city, against the protest Of its local government


Tho bill has other Objectionable aspects. It
grants 70 persons therein named valuable and i'm
portant pEvilegcs which have been earnestly
sought for by different parties at different times and
IL deeply csncorns the interest ana comfort Q. sne
to be granted II should be done under the provisions
designated the largest the cheapest
mode of conveyance II is notorious that propositions TO
secure these objects rejected. Public interest and
morals demand that all such grants 10 individuals or cor
poratons be carefully guarded against any preference or
favorilism 1t is urged with trnth that parties in
terested In this bill have strong claims upon public
No n ,nanv vears have nromed the srowtb and
prosperity Of the city Of New York should be otected
The popery they have acquired by long years Of patient
labor oughtnot 10 be destroyed without just compensa
tion. trust and believe this meritorious class will be
amply and literally rcmunerated should thcr franchises
and property be impaired by the introduction Of railways
While feel stronetnerest in their behalf, this feature
OF bill does not the grave objections TO its
approval as o whole measure


Il is also urged that the city government granted TO
the Harlem Railroad Company the right TO run its tracks
through the strecs without giving any protection
10 the owners stage lines and that the grant made
coverty and TO evado the process Of courts
and the decisions Of Judicial tribunals and that there are
ample evidences that such grants were obtained by cor


Il is also feared that further action Of similar charas
ter may be had by the city government which will give
to the Harlem road the privilege Of laying its tracks n
the different streets and Ia manner injurious
to public interests aud public morals, and subversve OF
md


If this bill becomes law, II is claimed that the power
OF the city government to make such injurious and cor
rupt grants will be annulled II Is my duty to guard
against mprov,den, unjust unconstitutional action by
our State legislature The proposition that any public
an abuse Of power by other officials Is full Of danger It
furnishes plausible pretext under which corrupt or To-
furious legislation or public action can DC sn,eacS @ %
city authorities upon the ground that this bill would pro
baby become law, made the grant 70 the Harlem Rail-
road under circumstances above stated although they
had before refused mako such grant, and the Mayor
usies bis approval Of the measure On the ground OF
ticaed legislative abuse in the euactmcnt Of the bill in
question q am urged to approve this act for the
purpose preventing improper action by the city govern
and oy % s ssooon
OF two official bodes because each is apprehensye that
tho other is about TO Oonsunmate wrong The danger
GUS facility which such reasoning leads to; tho adoption
measures tho color OF preventing worse by
tho other how m pseads the conscience Of those who
entertain how II crees scramble between public
thortee In the distribution Of valuable franchises under
the pretcxt Of the public good how demorazng Its ton
dency legislative bod1ee ana upon al ncGmDonts O
public trust, is sufficiently obvious.


discharge my own duty and leave 10 the other
departments the discharge Of theirs under their account
ability 10 their constituents The citizens Of New York
huc exclusive power cf electiug their local rulers. and
must abide the result OF their action. have control
over the city government beyond my power 10 remove
the Mayor for misconduct. complaints are made
against him they mnst be presented according 70 the
statute, which gives him an opportunity 70 reply.


II this bin should Become law the State and city gov
ernment would be In position OF autagonism on local
subject Tho practice If Legislative nteefences with
the rights local self government, and with tho franchises
OF great commercial metropolis, full OF mischief


has not only wronged nearly quarter Of tho popa
ton Of tho State but has brought marked evils into eks
lation BY transferring appointments and Jurisdiction from
the locality toho cspta OF the greatest
sud Importance being determined by those having
knowledge o direct In tho interest they
are Affecting This only eads 10 nunberess schemes
for personal advancement at the expense Of municipal
population, but also constant Of insecurity
In the enjoyment Of vested and personal rights II tends
10 corruption and form active body who surround
the Capitol and improperly inence aud shape rs egs
lation Much Of the odum which frequently attaches 10
the char Of 10 due 70 the fact that
they made unconscious instruments OF those skilled In
Of procuring preventing the psssags Of laws
The rights OF the city and interests Of the county do
mand that this recent policy OF Interference with local
rights and legislation and with tho genius and spirit Of
Tho assumption or ioca, and municipal jurisdiction and
the ceutrazaton power have proved destructive
the purity OF legislation and endangered the presc
OF rights and the maintenance Of ourotical
Institutions. HORATIO SEYMOUR.