Year: 1876

To correctly understand and appreciate the outra-
Ecous course Of the railroad companies in over
crowdng their vehicles il has 10 be kept in mind that
they arc continually dsreeardng not alone the terms
ofther grants charters but also transgressing the
laws OF the State concerning the transportation OF pas
sengors Under the General Railroad statute Of 1850
which applies 10 cars the motive power OF which Is
either steam or horse, the corporations are bound to
furnish accommodation within" the cars for pas
sengors and viii be below the highest
IN New York have held that this ommodation
feat and Sufficient '1nside" the The
law also provides that notice Is 20 DO posted
up in each car particularly city horse railroad lines
forbidding passengers 10 stand the platforms,
and II is an elementary principle that railroad compa-
mics required observe 'ordinary bat great
and caution in conveying passengers through the
streets Of city II ms necessary to dwell upon the
fact that these obligations unobserved Nor is II
requisite 10 point out that the packing OF standing
crowd In the body Of where they press against the
knees Of seated persons and obstruet the passaeways
for ingress and egress in addition being Illegal is
detrimental both health and morals when, orgi
nay intended, passengers street should enjoy
repose as well as convenience Overcrowdng has been
an evil OF long standing and the projectors Of city rail-
roads foresaw IL before rail lard down In the
streets Of New York. In making their fret approaches
to obtain grants from the Common Council they dis
tincty promised 10 provide against the nuisance
by having always in reserve sufficient sup
ply OF cars so as TO prevent any passen
ger being without seat and expressed al
that time their cheerful acquiescence in leaving
the control Of their roads in the hands OF the municipal
authorities SO far directing their management in
the interest OF public convenience II may be men,
toned here that the Common Council originally made
grants to the city railroad companies but OF late years
the Legislature has Incorporated such bodies leaving
however power the hands OF the Corporation pre-
scribe regulations for their management The follow
ing win show some OF the which the Second and
Third lines willing to fuinl condition OF
being allowed to construct roads in the city. The
proposition came from the stockholders


WHAT THE COMPANIES PROMISED TO DO


They shall in all respects comply with the direc
tions Of the Common Council in the building Of such
railway and IN the running OF the cars thereon so as
70 fully accom- modate the public


The shall be so constructed not TO make pro-
vision intended for standing passengers 70 crowd upon
The seated passengers and also when all the are
full the shall not be stopped take pas
sengers TO be crowded into the said seats flag being
displayed IN 'front.' Of the car 70 give notice that ali the
seats null


Attendants, distinguishable by some conspicuous
mark badge, shall be kept at stopping places all
parts OF the streets usually much crowded with vehi-
ces whose duty shall be- with attention and respect
10 help IN and out Of the all passengers who may
desire such assistance and IN general 10 watch
the safety OF passengers from all dangers OF passing
vehicles


The companies shall cause the streets TO be well
swept and cleaned every morning and the sweepngs
carried away before eight O'Clock in summer and
in winter except Sundays and in further considera-
ton the companies shall pay such amount OF license fee
as the Corporation may preseEioe


The preceding, IL will be understood were among
the terms under which the two companies named and
others were willing to operate their roads


SIXTH AND AGHrH AVENUE LINES


The Sixth and Eighth Avenue Railroad companies





into agreements Their terms as embraced IN the
ordinance OF September G, 1851, provided that new
ears, with all modern improvements for the conven-
ience and comfort OF passengers should be placed
the two hines; that to be run thereon each
and every day, both ways, often public
fence might require under such directions the Street
Commissioner and Common Council might trom time
prescribe and provision made also that the
companies should in all respects comply with the drec
tions OF the Street Commissioner and Common Council
In the running OF cars and in any other matter con-
nected with the regulations Of The roads further
part Of the agreement THAI before permission TO lay
tracks should take effect the stockholders should
into q good and sufficient bond with the Mayor,
Aldermen and Commonaity OF the city OF New
York, 70 be drawn up and approved by the
Corporation Counsel binding themselves to abide by
and perform the stpulatons specified; also all such
other resolutions ordinances as might be passed by
the Common Council relating ~ the sixth and Eighth
avenue roads, and also that the Common Council
should have power to cause The rails or any part
thereof 70 be taken up at any time they might IT.





time


sTcoxp AND THIRD AVENUE LINKS


In December, 1862, the Second and Third avenue
companies also entered into agreements stiil IA full
force with the cfty authorities pledgng themselves TO
perform certain conditions having in view the comfort
and of the public in consideration of the
grant privilege u constructing railroads through the
streets In addition the stpulatons OF the sixth
and Eighth avenue lines the two former COMPANIES
bound themselves 10 keep the water Of the
free from obstruction 70 pave the streets in and
about The rails IN permanent manner and maintain
In aA Nla natra neak1p
OF the Street Commissioner. IL also agreed
that in consideration OF the good and faith
ful performance OF the conditions prescribed
and of such other necessary requirements that might
be made by the Common Council for the regulation OF
the second and THIRD avenue railroad lines, Ihe sad
panies agreed 10 pay such annual license fec for
each might be established by the city Bonds
for the funment OF the agreement were furnished by
the companies Amer the lapse OF few years the rail-
panies began 10 be lax In the performance Of
their agreements and ovefcrowdng began The Com
mon Council passed several resolutions requiring fuller
the roads that is greater number Of cars
be meet the public convenience. The abuse
continued and even the payment OF license fees was
evadcd In this condition OF affairs legal advice
sought but the meantime the companies had sought
in Albany be relieved from the control Of the city
authority. They were not however successful and
the street cars remain up 70 this day subject 70 NUM-


POWERS OF rHR coMxoS COUNCIL


In reply a resolution OF the Common Council re-
Qucstng the opinion OF the Counsel 20 the Corporation
..as TO re control or power which the Common
rates and motive power' OF the several railroad CON-
panies the CITY, Mr Robert J. Dillon stated 'sThe
corporation hold the streets a public trust to be
used the purposes Of public streets and
wise; not only n such the legal character OF The
Of tho corporation IN the streets but the regu
tion Of the every respect either regards
the MODE OF pavement the nature OF the vehicles
abe speed Of movement one Of the main obecls of
municipal governn enk and exclusively condded TO
the Common Council part OF its legislative power
20 be used and exercised from tune 70 time in such
they may deem necessary for The public good


f the agreements OF railroad companies had been made
with the corporation u regard 70 us private properly
which il holds upon the ten0re AZ property s
held by ndividuag the corporation woad not only be
bound by observe and fGidl them, bat would he
rovcrned BY all the rules Of construction affecting
written instruments wnsch would be applicable 90 Pm
vnfe ndiv1dualR But these Agreements have not been
regard private properly they relate 70 its public
property and its legislative powers and duties as
Inur,ci pal corporation They, therefore, under
that principal OF law now well settled BY numerous
decslons by which lt Is not IN The power Of the Com
mnn Cnnnril hind legislative capAetes by an