Year: 1863

siege OF fOrt hudson, Dut 20 take care OF the


rebels in his rear.


REPEAL OF THE HARLEM BROADWAY RAIL


ROAD GRANr.-The Common Council. at its


session on Thursday last, passed resolution


repeating the ordinance adopted by them


last April, giving the Harlem Railroad Com


pany the right to construct railroad In Broad


way. The resolution states that the grant
was given for the purpose Of defeating the pro-
ject for Broadway railroad before the Legisla-
ture, and that, the Governor having vetoed that
measure, the Common Council should annul the
right given to the Harlem Company. This was
hrst introduced into the Board Of Councilmen,
and passed that body unanimously 1t was
afterwards taken up by the Aldermen, when
that body concurred with the action Of the
Councilmen by vote of eleven to three. The
action of the Common Council in annulling
this act will meet the hearty approval Of our
citizens, and we hope will put q stop to the
efforts of spectators who are constantly be-
sieging our Legislature and Common Council
for grant to construct railroad in Broadway.


We notice that this action of the Common
Council has caused greater fright among the
bulls and bears and stock jobbers in and
around Wall street than q raid Of Stuart's
cavalry in our midst would have done. Harlem
stock ran down as fast as it went up in April
and May last, and somebody has got his
angers awfully burnt in the operation. Some
of the profound lawyers have commenced
giving their opinions in behalf Of the stock
jobbers, declaring that this repeal amounts to
nothing. The Common Council having once
given the right to lay the track to the Harlem
Company, they say that they now have no
power to take it from them. This is certainly
brilliant idea, and shows what rapid strides
we have made in legal knowledge since the
rebellion broke out. Perhaps the bulls and
bears will get up a rebellion on their own hook
TO sustain this point. Certainly no man out
side Of Wall street will put any faith in
any such declaration. If the Common Council
bad the power to give the Harlem Company
permission to lay q track in that street, they
have not only the right but the power, to annul
1t. The idea that legislative body has the
right to pass law, and, when once passed, no
right to repeal it, is perfectly ridiculous and
absurd. Under that idea the most abominable
law in the world might be passed, and we
would always be-eompelled to live under it, for
The reason that the legislative body that passed
II, or any subsequent body, would not have the
right to repeal it.


Whatever right the Harlem Company may
have had granted to them in the charter, passed
by the Legislature at Albany, the Common
Council cannot take it away; but the Legis-
lature has full power to repeal it, now that the
Common Council have rescinded their action;
md we dare say that one of the first acts Of the
next Legislature, when it convenes at Albany,
will be TO repeal that clause of the Harlem
Company's charter under which the Common
Council acted when they gave them the permis-
sion to lay track in Broadway. The only
Dourse left for the Harlem Company, il they
have sustained any loss, is to come back upon
the city for damages; the idea that they can OBJ
lain redress from individual members of the
Common Council is preposterous. But let them
bono in with their claim for damages il they
wish. From threats made In Wall street it looks
~ though the heaviest claim will be the cost in
securing the right to lay the track. The public
will then know the expense Of obtaining these
grants. Thus another stock obbing bubble has
been pricksd.