The New York Herald Newspaper, January 21, 1853, Page 2

TLROAD CASE, | different periods, namely, A Octobe! TRE BROADWAY RAILROAD CASE, | giterent, pete, Home facts it evident thee the anne r travel on Broadway ly needs the vision of some improved meaus of conveyance, which shall move it in a reduced number of vehicles, and with a less occupation of the street. The complement of an omnibus is usually twelve passengers. The grant in question authorizes the construction of cars comfort- ably adequate in dimensions to the conveyance of eighty passengers, and these deponents are informed and believe that the same can be moved by a single pair of horses, and will leave, generally, on each side space within which two carriages can move abreast; besides, that the rails will afford no impediment to the free movement of vehicles across and upon the middle portion of thestreet. The maximum number of down passengers now conveved in an hour, ac- cording to the statistics observed und already referred to, being 2,016, and the maximum number of up passengers, 2,808, for which are used, in the former case, 270 omnibuses, and in the latter case 271 omni- buses per hour; the number of cars of eighty-passen- ger capacity, which would move the same, would be, in the one instance, 26, and in the other instance, 35. Cars of sixty passenger capacity being employed, these respective numbers, sufficient for the maximum hours of the travel, would be 34 and 47. Andif | itis assumed that a number of cars be employed, equalling only one-third of the number of omnibuses now required for the aforesaid amount of travel, namely, 90 cars per hour, the number of passengers which they would be uate to convey in the hour would be, instead of 2,016, or 2,808, as follows, namely, 5,400, (with cars of sixty passenger capa- ae or 7,200, (with cars of eighty passenger capa- city.) When this great increase of public accommo- dation is viewed in connection with the great reduc- tion in the number of vehicles moving it, and conse- —_ in the amount of occupation of the carriage- way, these deponents consider the relief to Broad- ‘To the Editor of the Herald. One of the most important matters ever before our ecerts is now pending in both the Superior Court aad the Supreme Court, in reference to the much agitated Broadway Railroad. In the Superior Court the immediate question pending is, whether Judge Campbell’s injunction against the Common Council, forbidding them to pass ‘the resolution which authorized the work, wasa valid injunction which the members were bound to obey; and whether the latter are punishable for contempt of eourt for their disregard of it? This question was partly argued before the full bench in general term, en Saturday, and the argument is to ,be continued mext Saturday. It will be remembered that after Judge Campbell's injunction, the Board of Alder- men not only disregarded it, but passed strong reso- | Jutions of rebuke to what they treated as an unpre- eedented judicial usurpation. Whichever side may have been right, it is an interesting point of jurisdic- téon now for the first time brought up; and it will be | igpportant for parties who may think they are about | tobe injured by impending resolutions of the Com- | moa Council, to know whether they may go to any Judge and shut off the steam of legislative power on | the part of the Common Council by the process of injunction; which it is contended would operate as a virtual transfer of the legislative functions of that body to the judiciary. However this may be decided, i will not affect the question of the prosecution of | ¥9) pinks yoni he aiparvied by the ee railway; . a matter of absolute and conclusive demonstra- ‘the railroad itself. The aldermen may be held tobe | tion. And these deponents further say, that many punishable for contempt for their disobedience to the | other reasons conduce to the conviction entertained injunction, without. affecting the validity of the act | Eales vig dere ees frartinlloe sell fea Tada @one i 2 elit, way, ie accomm by them on their own views of their legal | gation of the people, to the Harerrersieds of business powers. | and travel on the said street, and to the general good Jt ia in the other case, pending before the Supreme Paci eft rane one wpa EAS oan qpentionad 6 3 Shiga | above; and they refer ie repo e lec p eae poe soma aueeson 18 perro Whee es | Committee of The Board of Aldermen on this sub- ‘the prosecution of the work can be stopped by the | ject, made to the Board on the 15th November last, veto of the court. In that case the injunction is | eee eo BY for a vey Pare a eee Ps * i ereof, of which a copy is hereto annexed. In re- meppeatithe; Haiiroad eases a SUNS 7am | ference to the other apictions for the said grant, proseed. The injunction having been at m- | referred to in the complaint in this cause, the depo- porary, and granted on application as a matter of nents say, that they do not believe, and have eourse, the question now is whether it shall stand as | ioe believed, Ls Ay sig to foe matt pm e » | been made in good faith, for the purpose of perpetual, or he Gimolyed. This ys bibogale have | building the said railway; but believe anes to have eome up yesterday in the Supreme Court, at special been mere devices, designed for the purpose of pre- term, but neither Judge Roosevelt nor Judge Ed- | venting the defendants from succeeding in obtaining ‘wards was disposed to act on so important a matter the said grant, and for the purpose of getting the Eta | said grant into the hands of parties whose hos- without the presence ofa full bench, and consequently | tiJity to the proposed measure in itself had been fre- it was, by consent of both sides, put off to the first and strongly avowed, and was still avowed Monday in February, atthe general term, when it e unchanged at the very time of making said will be heard before the three Judges—Roosevelt, | * plications. Those gpplications peonced=a either Eéwards, and Mitchell. altogether from the known and_ pu the measure, or from them united with a few other As the Herap is generally more looked to than any other paper to furnish the public an intellig names of applicants on the same memorials. The suid memorials were two in number, addressed to the : bs oars Board of Aldermen, and five subsequently addressed statement of important pending questions, the to the Board of Assistants, after the passage of the Jowing are copies of the afiidavits constituting the foundation of the case of the Railroad Company. No pains seem to have been heretofore taken to publish grant in the former Board. mong the most pro- these, though the opponents of the railroad have ted by and other side, the railroad company contend minent epoca of the m e, during the pro- gress of the ¢ voversy conducted before the Com- mous Coun d the public, were Thomas A. Davies, D. Henry Haight, Stephen Storms, Phi- made their side of the contest familiar to the public. and ae , oe tewart; and i Kas ption) all the said a Against the road, the main points seem to be, that | (used frows ou Mee rio the grant was corrupt on the part of the Common | gome or others of them, in connection with other Council, and not made in good faith; that the Com. | names, as signers. The one exception alluded to was mon Council had no power to make it, (a question appl ey" which involves the validity of all the other grants of a ae ite city railroads, past and present); and thatif they had | granted to the d ‘the power, it was an unwise exercise of it, as the rail- spares in Be caus , en | ee alluded to, the general grounds of opposition, and road would be a public evil and a nuisance, and very Ianguage of the said opponents of the measure were, etrimental to the business and property of Broadway; that a railway was impracticable in Broadway; that and further, that it was granted at a nominal license fee per car, in disregard of large offers of bonuses, or | t Hicense fees, to the city treasury, from responsible | nu courte, or torn up by the just indignation of the peo- ple; and that it would be destructive to the business, that it was a wise, proper, and uprig’ of legisla- | and very injurious to the rents and value of property tion; that it will be a great relief to Broadway,and a on Broadway. in which those opponents were largely general public benefit; that it will be no exclusive | interested. They, or some of them, frequently de- use of the middle of the street; that those offers of | clared that they would spare no expense or effort to bonuses were mere sham devices of enemies of the | prevent the consummation of what they thus regard- work, put forward for the avowed purpose of head- | ed as an illegal outrage and abomination. These de- ‘ing off the real sincere applicants, and of getting the | ponents and their associates, therefore, did not be- t into hands that stood ready to smother it by | lieve the counter offers proceeding from those same — roceedings; and fin: , that even if those | quarters, for tie same grant, to be sincere, bona fide rs had been sincere, yet ¥ was undertaken by the company applied for the grant, and had conducted the public controversy in its favor, were such ,as in truth were better and more advantageous to the city, than the said offers of bonuses. ill the terms on which | offers, such as were entitled to the consideration which had first | of any legislative and beli u body; and they believed, , that their real character was mani- le on their face. And that belief and ion decame the greater certainty, from infor- | mation reaching these deponents, through different As there is much difference of opinion on this not before been fairly laid before the public, the railway project. Through such evidences and relia following are the affidavits on which they make out | ble sources of information, these deponents were in- this case. It is but fair that they should be read and | formed and believe:—That a lot on Broadway had eandidly considered, even by those who may be most d to the company or the measure. it will be seen from the first affidavit, that every member of the railroad company solemnly denies, under oath, that any member of the Common Coun- | with a view to suing outan injunction in the United eil has been under any corrupt or improper influence ; States Courts, against the prosecution of the said im regard to his vote. _ | grant, the said Courts not being bound by the law They also show that they were the only parties | who had taken the step of providing for withdraw- ing the bulk of the omnibuses from the street ; hav- img engaged to buy out six of the principal lines, eomprising not less than 241 omnibuses, at a cost of ly half a million of dollars, with a view to trans- fer them to transverse lines from river to river, and at the same time provide just indemnification to their rs 5 nag that the five cents which they are to charge, is not for the travel on Broad- way alone, but for the conveyance of passengers from any point on any transverse line, w any point on any other. They are also to sweep the whole street every morning, before 9 o'clock in winter, and 8 in suar to keep the middle of itin repair; to keep police attendant at every crossing to help passengers in and ext :! and are restricted from crowding their cars transfer it to the omnibus proprietors, with that with standing passengers ; which conditions are esti- view. And again, that after the report of the com- mated to cost much more than any of the bonus mittee of the Board of Aldermen, (in favor of the offers. measure and of the application of the defendants,) another of the said leading opponents, (Mr. D. Henry Haight,) had gone to the chairman of said committee, (Alderman Startevant,) and had complained that the said report was unfair, and placed him (Haight) in a ridiculous light in this respect, namely, by referring to the applications for the grant which had proceeded from the former opponents of the projected railway, and by deducing therefrom an argument in favor of the said project, founded on the presumed change of mind in such opponents, in regard to the merits of Supertor Court. the said project; that the said Haight then said to Thomas E. Davis and Courtlandt Palmer against the chairman words to the following effect: “ You athe Mayor, Aldermen, and Commonalty of the City know that J don’t want any railroad, and_you ought of New York—City and Cownty of New York.— | to have known, and I have no doubt did Know, that facob Sharp, Freeman Campbell, Win. B. Reynolds, the only object of the application was to kill it!’ James Gaunt, I. Newton Squire, Wm. A. Mead, | And this mderstanding and conviction, respecting David Woods, John L. O'Sullivan, Wm. M. Pallis, | the true character and object of the said counter ap- Jonathan Rowe, John W. Hawkes, James W. Faulk- | plications, were not at all affected by the circum. ner, Henry Dubois, John J. Hollister, Rreston Shel- | stance, that they were accompanied with tenders of don, John Anderson, John R. Flanagan, Sargent V. | security; becaus ag manifest that such securi- Begley, Peter b. Sweeney, Charles B. White, James | ties would have no application to contracts or en- W. Foshay, Robert Ei. Ring, Thomas Ladd, Concklin | gagements, the performance of which was to be ar- ak Samuei 1. Titus, Alfred Martin, D. Randolph | yested hy legal injunction. , Win. Mengies, Charles H. Glover, and Ger- | ponents and their associates continued, notwithstand- shen Cohen, being severally sworn, say, each for him- ing these counter offers, to urge their own applica- self, that, to the best of his knowledge, information | tion, as an advantageous and proper petition to be and belief, no member of the Common Council has granted, for the « 1 benefit of the now, or has ever had, any interest, direct or indirect, city, and for t way, in the grant to these deponents of the right or privi- | therefor being si lege of constructing a railway in Broadway; nor has i the grant in ques- of them ever received, been promised, or given P st all the attacks, by liti- toexpect, any money, property, or reward of any gation or otherwise, with which it was th ed by kind, for his vote, countenance or influence in favor | its enemies. And there deponents further say that, gh ol La in their opinion, the s0 Sharp, they had been’ made in good faith, and had been Freeman Campbell, arricd out, would have been less burthensoine to the W. B. Reynolds, grantees in the amount of money to be expended, and sey, connected with him in business in his office, (Mr. Harrison,) as deponents were informed and believe, preme Court of this State; and that counsel had been consulte ore the passage of the grant in the Board Aldermen. That another (Mr. Davies) had con- certed with the leading representa! of the omni- bus opposition to the said application, that they should both allow counter-offers and applications for the grant to stand before the Common Conncil, and whether Mr. Davies, with his associates, Messrs. Haight, Storms, and others, or the omnibus proprietors), it could then be killed by injune- tion, the understanding being, that the party holding the grant would uot oppose any effectual de- fence against the same, and that if the former party should get it, on their pending offer, they would It cannot be denied that these documents make eat a strong case in favor of the railroad company, and of the grant to them, notwithstanding all the eutery that has been raised against them. Let us wait and see what the courts wili decide, and what the Legislature may do, because they too have been imvoked to thrust their long finger into the pie. Meanwhile, let all rides have a fair hearing and can- id judgment. the James Gaunt, less beneficial to the citizens; than 4 pag of 7 ens, n the one to the ge ha present grantees; and for these reasons among an Jeon others: None of the other applications, exeepting one, as it appears from the Mayor's veto, proposed to ake the grant upon the same terms and conditions asthe one to the said grantees, which terms anc J. L. O'Sullivan, Wm. M. Pullis, Jonathan Rowe, Samuel J.. Titas, conditions these de ts believe to John W. Hawkes, Alired Martin thensome than the payment of any Rl offered James W. Faulkner, : Randolph Martia the other applicants. “ And as to the one application Henry Dubois, bdo Me: : which offered to take the grant on the same term: John'J. Hollister, ‘ s H. Glover, | and conditions, with three cents fare, it was not ae. Preston Sheldon, hon Cohen. mpanied by any purchase or offer to 525 ec out i 7 ning | Soe Bworn before me this 10th, Lith, and 12th days | the lic Whereas the of January, A. D. 1863, . S¥ytvesrer Lay, Commissioner of Deeds. City and County of New York—Jacob Sharp and l H John 1. O'Sutlive h of the city of New York, | bus lines on lway, owning 241 omnil bf feveraliy duly sworn, say :—That the said | buy out those lines, for the p 7 Jacob Sharp is the Pre the said John L. | the said omnibnees from Broad O'Sullivan is the Vice- to transferring them to trar intervals, fro T to ri | with the rai half a mill outlay. Because tice and proper publ condition for the of omnibases on | applicants, with whom t | ed, had, through their r tracts with the owners of si Broadway. to they have had cogn' s to obtain permi and to org: waid association. 1 of these mts, the construction of " rl the terms of the said resc hot o be a noisance, but will be a great public hevelit; both ‘to the persons living and doing business on Br sad way, and to the citizens generally; and that the fol Jowing are some of the re inion way is now so crow: 4, partion- Jarly at certain hours of th ad to ex sive confusion and da " q detention, and injury to person and prope annexed tables exhibit the facts therein aecording to observations w eaused ty be carefully aod fa ling to values of all pre on the cross}itre regions of the city, which would be tray commodated with ikese useful public fa cause the case of the applicants, with w nuents were connected, was the only o revented itself before the Common Co Importent and valuable feature—a fe surpassing in impor nd value Lounses contained tn t two | offers eve bad eatly the offer ewid counter The fer forth lic opponents of | who had been al- | ews to Oppose, | nd who are the plaintiffs’ | roughout the controversy | it was illegal, and that the corporation had no power | ant such permission; that it would be a public | nce; that it would be abated as such by the | channels, respecting the acts and declarations of | a4 subject, and the case of the railroad company — some or others of the said combined opponents of the | been sold by one of the said opponents (Mr. Bur- | rowes) to another gentleman, residing in New Jer- respecting city railways already declared by the Su- | and papers prepared therefor, a considera- | that whichever of the two should get it, (namely, | And therefore these de- | ¥ | Broadw other applications, even if | li | fourfeet,and fr sons before mentioned, for distrust and disbelief of the sincerity of those offers. Jacos Suanr. J. L, O'BULLIVAN. Swern to before me, this 12th day of January, 1853, C. B. Wheeler, Commissioner of Deeds, 4 New street. City and County of New York:—Robert Barkley, being sworn saith, that while the application for the Broadway railway wee pening, before the Common Council, he had ti interviews with Thomas A. Davies and Philip , active opponents of the said railway, this deponent being then himself also an opponent of the same. In some of these inter- views, Mr. Burrowes told this deponent, that he had sold a lot in Broadway to a person residing out of the State, in order that an in} the rail- way might be obtained in the United States Court. In revious interviews, during the last summer, he ld deponent that the papers were ready for an in- junction against the road, and were then in the hands of counsel, and that the injunction was all prepared. And this deponent further saith, that he was cogni- zant generally of the plans and movements of the cpponente of the road; that one of the plans was, that one party should apply for and get the grant if possible, and then that the other party should kill it an Pek ad that Mr. Davies stated to this de- ent that it was the intention of the opponents to ill the getting an Injansilon against the same lie; that when this deponent and his friends interested in om- nibuses and in opposing the reehe 4 were about to apply for the grant, in opposition to the one made to the present grantees, the said Davies offered to with- draw the application then pending on the part of him- self and others, and let this a and his friends obtain the grant, and stated that then he, the said Davies and his associates, would procure an injunc- tion against it; and that in one of the conversations the said Davies proposed, that if this deponent and his associates would pay his counsel one thousand dollars down, and a thousand dollars yearly as long as he might keep the road off, until it amounted to a sum not exceeding five thousand dollars, he would keep the road off for a numberof years if he did not defeat it altogether; and he said that he thought the Common Council might have the powe’ to lay the rails, but that the running of the cars could be seamed, Becanae they were a nuisance, for the reason that they could not turn to the right, and the law required all vehicles to turn to the right. Ropert BaRrkLey. Sworn before me, this 12th day of January, 1853 Wn. H. Sparks, Commissioner of Deeds. City and County of New York:—Daniel D. Cono ver being sworn, saith, that he hasread the foregoing affidavit of Robert Barkley; that this deponent wa present at the several interviews therein mentioned and that he knows the statements made in said affi davit to be true. And this deponent further saith, that the said Burrowes also told him, that the per- son to whom the lot on Broadway was conveyed, for the purpose of obtaining an injunction, was employed in his office, and lived in New Jersey. | And this deponent further saith, that he was cogni- zant generally of the plans and movements of the opponents of the railway, and that one of the plans agreed upon was, that’ one party of the opponents should apply for and obtain the grant, if possible, and that the other party should kill it by an injune- tion. Thatamong the most active opponents of the yoad were Thomas A. Davies, Philip Burrowes, D. Henry Haight, Alexander T. Stewart, and Stephen Storms; and that, on the evening on which the reso- lution was first reported in the Board of Aldermen, the said Storms had a conversation with this depo- nent, in which the said Storms stated that he had come to ask this deponent’s influence to procure for him admittance into the Broadway Railway Associa- tion, that in his application for the grant he had been made a cat’s paw of, or something to that effect, and placed ina false position, and that he could be ser- viceable to the Association, and as aman of fortune andleisure, would make a useful President of i D. D. Conov Sworn before me, this 12th day of January, 1853. } Wm. H. Sparks, Commissioner of Deeds. City and Ceunty of New York :—Eben 8. Young | being sworn, saith, that he was present at the inter- | view with Thomas A. Davies, mentioned in the fore- | going affidavit of Robert Barkley, respecting the pro- posed arrangement to keep off the road for five years, | and that the statements of the affidavit in that re- spect he knows to be true. Esen 8. You Sworn before me, this 12th day of January, | Wm. H. Sparks, Commissioner of Deeds. Hl | City and County of New York :—Oscar W. Stur- | | tevant, chairman of the special committee appointed | | 4 the Board of Aldermen on the sixteenth day | | of July, A. D. 1852, on the subject of a railroad | in Broadway, being sworn, doth depose and say :— | That very shortly after the making of the report on | the said subject, ahd before it was acted upon by the | Board, Mr. D. Henry Haight came to this deponent’s | Office, and complained that the said report was | unfair, in deducing an argument in favor of a | | Eee of a railroad in Broadway from the fac | that some of its prominent opponents, including th | said Mr. Haight, had come in with applications and | offers for the grant to be made to themselves. H | stated, that this placed them in a ridiculous position and he said: “ You know that I don’t want any rail read in Broadway, and you ought to have known | and I haye no doubt you did know, that the only ob | ject of the application was to kill it,” or words to | | that effect. Oscar W. STurTEVANT. Sworn to this 11th day of January, 1853, befor me, 8. L. H. Ward, Commissioner of Deeds. |. City and County of New York, ss.:—Henry B. | | Dawson, of the said city and count: ing sworn, | deposes:—I was employed by Jacob Sharp and others, | | applicants for the grant of permission from the Com- mon Counsel to lay a railway in Broadway, in pursu- | ance of which application the said permission has | | been granted to them and their associates, to super- | intend and direct, in the months of July, August, | September, and October last, the business of circula- petitions for signature in favor of said project | and application. I accordingly employed agents or | canvassers for that purpose, and received from them, respectively, from time to time, their returns of sig- natures procured to such petitions or memorials. In pursuance of the instructions received by me from my employers, 1 gave to all of the said agents strict, | and frequently repeated instructions, to present such memorials for signature only to lega fers, so far as it should be in their power to distinguish the same, with the sole exception of authorizing the taking the names of females, who should be the tenants or oc- cupants ut the head of stores or houses on the line of | Broadway, to receive none but bona fide names of pe- titioners, and to employ nothing but fair ahd trathful | representations in applying for signatures, and to | append in all cases the residence to each name. In | ler to prevent the existence of any motive on the part of the said agents to multiply names on such memorials untruly, their compensation was not made proportional to the number of names procured b; them, but it was fixed per diem, according to their time occupied. Respectable persons were selected , for the said employment, and from their assurances, from time to time given to me, and from the opportunity for observation afforded by my posi- tion, as directing and supervising the said busi ness, I have no doubt that these instructions were faithfully and systematically executed, with as emall a number of occasional possible deviations therefrom as is consistent with such an operation on so large a scale. The said canvassers in general ported to me, as the result of their several observa- tions, a growing progress of opinion found by them to take place in favor of the projected railway, many changes of opinion taking place in its favor, and very few if any against it. And to the best of my recol- lection and belief, the number of siznatures thns pro- cured to petitions in support of said application, be- fore I was directed to desist from procuring more, was about thirty-one thousand eight hundred and fifty-seven: that the number of such signers on the line of Broadway, being chiefly occupants or tenants doing business on said street, was about sixteen hun- dred and seventy-nine ; that in the lower part of below Fulton street, a large majority of ts, doing business, petitioned in favor of | { the railway; and a majority on the whole line of the | street, to the best of my knowledge and belief. B. Dawso: Sworn before me, this 13th day January, 1 Wm. H. Sparks, Commissioner of Deeds. ~ roject by one parts Tre-cther,and then ie City and County of New York::—Eawin Smith, of the said city, being sworn, saith, that he is by pro- fession a civil engineer, and has been much engaged in the laying of railways in the city of New York, and that he, as en, superintended the con- struction of the ithe relaying of the Hall Park to Twent; uls were frocozes and Broadway, from the Battery to Unio ny proper disposition of ihe for montiis from the time of first break and this can be accomplished with ruption of the travel, as the need not exceed fifteen feet, left on each side generally sufficient for carriages to pass each oth Russ pavement on each side of the fifteen feet opening need not he di the space taken up can be restored in tion as before. This depou way of ghia at all the i fanuary instant it all the the railway in square, conld, be laid in two e the pavement, it serious inter- ce to be taken up ; re will be room the tenth day of | ft street to he forty: 4 \¥, forty 1 , thinty-ceven f seet funy inches, this b At Wall street inche thirty-nine fe on street, forty-ti treet, forty-two feet thony strect, forty-one fee stircet, forty: forty-two feet: n Waverly place to Tenthatreet, ith to Fourteenth street, forty- two feet. Undert i the resolation of the Common Council the railway to Jacob ¢ be vo contracted a a forty ont | fer ir. sg can be drawn by two The rail laid accordance with the provisions of the said resolution, being even with the pavement, and having not exceeding an inch in width, will, in ny offer no impediment or inconvenience to le passing on Broadway, there on common light carriages less , and most of them being an inch and a quarter wide, except light racing wagons and sulkeys. In the judgment of this deponent, having regard to the number of mgers seeking convey- ance on Broadway, and number of vehicles now i crowding there, substitution of cars, under this resolution, for ibuses, will be a certain relief to Broadway and benefit to the public. Sworn, J 18, 1958, before me, W. iL, Bio worn, Janual , before me, W..H. Stog- dill, Conimissioner of Deeds. : g City and County of New York :—Charles Turner, of said city, being duly sworn, doth depose and say, that he is the Deputy t Commissioner of said city, and has been so for three last 5; that he is enerally cognizant of the titles of the corporation of the cityfof New York to the streets in suid city; that, as he has always understood and believes, the fee of the whole of Broadway is in the corporation of said city ; that the said corporation, from the time that this deponent first went into said office to the present time, has had ion of and exercised the owner- ship in fee of the whole of said street. That it is the invariable practice of the owners of lots fronting on said street, who dig under the street, to apply to the corporation authorities, by whom permission is, in proper cases, granted for that pur , and upon the ayment of a consideration for such permission ; and, farther, that no pipes are suffered to be laid in said street, without a permit granted from the said au- thorities, And deponent ther saith, that, by per- mission of the corporation of said city, pipes have at various times been laid in said street, to wit, the Manhattan water pipes, Croton water pipes, and the gas pipes, and that the right of the said corpora- tion to grant or withhold such permission has always been claimed, and never denied, to the knowledge, information or belief of this deponent ; and further saith not. Cuas. Turner, Dep. Street Com. Sworn to before me, this 13th day of January, 1853, M. G. Hart, Commissioner of Deeds. 3 * * * * * * Here follows a carefully prepared abstract of the title of the corporation ‘to the land embraced in Broadway, made by Murray Hoffman, and veri- fied by his affidavit. This abstract establishes the clear‘and unquestionable title in fee of the city to every foot of land in Broadway. The claim of title is perfect from the first colonial grant, in 1686, to the resent time. As the conclusions of the abstract are he only portions of the document in which the pub lic are interested, it is deemed unnecessary to inser it at length. City and Cow ty of New York:—John Anderson being sworn, saith, that he was one of the origi- nal applicants for the Broadway Railway, and is one of the present associates. Inthe Board of Aldermen, | the matter was referred to a special committee, be- fore whom a public discussion took place, which lasted nearly a month, and, in the course of the discussion, the following opinions of the Counsel to the Corpora- tion, of the President of the Croton Aqueduct Depart- ment, of the late Street Commissioner, and of a for- mer Comptroller of the city, were produced before the committee, on the part of the remonstrants against the vrant. JOHN ANDERSON. Sworn before me, this 14th day of January, 1853, W. H. Sparks, Commissioner of Deeds. OPINION OF HENRY E. DAVIES, ESQ., COUNSEL TO THE CORPORATION, AND OTHERS, 1N REFERENCE TO THE POWERS OF THE CORPORATION IN ESTABLISHING CITY RAILROADS. New York, March 8, 1851. Assistant ALDERMAN Tuomas J. Bani Dear Sir—In answer to the questions submitted to mein your note of the 27th ult., 1 have the honor to state: That the first question propounded has been, in my judgment, most fully and satisfac- torily answered affirmatively, in the decision of the Snpreme Court of this district, in the case of Drake and others vs. the Hudson River Railroad Company. (See document No. 10 of Board of Alder- | men, January 28,1850.) In that case the question was aly. discussed by eminent counsel, and thoroughly examined by the court, whose decision | was accompanied by a learned and elabarsseapinion: The reasons of the court upon this point are deemed to be perfectly conclusive, and the question may be considered as set at rest. The court say, (see p. 218 of said document, ‘‘railroads are of recent introduc- tion; but their great and acknowledged advantages over ull other modes of travel and land carriage have gained for them a popularity which has breve nt them into extensive use, and is constantly yet fu ther extending their adoption. The actual existence of them in other cities, and the example of the Har- Jem Railroad in our own city, which has been in suc- cessful operation for several years, under our own eyes, conclusively show that the use of them in the streets of a city, if properly guarded and regulated, is perfectly compatible with the trusts of public streets, and the simultancous use of those streets by other ae and vehicles, and for all the purposes to which public streets are dedicated. In reference to the second question, I do not find that any authority has been vested in the corpora- tion to establish and maintain railroads, and the de- cision of the Court of Appeals, in the case of Halstead ys. The Mayor, &c., of New York, (3 Comstock’s Re- ports, page 430,) settles the question, that municipal eorporations can exercise no power or contract any obligations not authorized by law. ‘To satisfactorily answer your third question, it will be necessary to briefly aneae into the nature and extent of the pro- perty in the public streets vested in the corporation of this city, under its general powers, and itis consistent with such shag to exact a bonus or general compensation for the grant of the privilege to use such streets in a particular manner, and it | | upon such examination the authority is not found to justify such exaction, whether uader the special sta- tutes of the Legislature relating to the use of the streets by public vehicles, rail cars may be classed so as to be subject to their provisions. It should | he observed at the outset, that where it was attempted or designed in any of the charters of the city to grant any right of privilege for the private benefit or emolument of the corporation of the city, the language employed for that purpose has been as clear, explicit, and unmis- | takable, in its character, as that adopted in the usual | conveyances of real estates from one individual to another. By the charter of 1730, “the rents, issues, profits, fees, and other advantages atising and ac- cruing from the ferries then established, and to be thereafter established around New Yovrk island, were granted to the Mayor, Aldermen and Commonalty of the City of New York, and their successors for- ever, tohave, take, hold, and enjoy the same to their own ure, without being accountable for the same, or any part thereof,” tion hold the public markets, the wharves, piers and slips of the city, and other important rights and pri- vileges affecting the public interests, and they are | vested in the city as free from legislative or other in- | terference, as the fee of land in a private owner, as ' was fully established in the recent attempt, on the part of the Legislature, to wrest from the city its vested rights in relation tothe ferries in the East river. Now, the language used in the charter | in relation to the public streets, is of a very different character. It is, that “the Common Council shall have the power to establish, direct, lay out, alter, repair and amend strects, lanes, alleys, highways, water courees and bridges, throughout the | city and island of Manhattan, in such a manner as the said Common Council for the time being, or a | major part of them, shall think or judge to be neces- and conyenient for all the inhabitants and tra- Without occupying any space with how that this grant to establish, & ets, for the convenience and nece: abitants and travellers of the ci ed upon the corporation no private property, right to derive revenue therefrom, it will be suflici to quote the language of Chancellor Kent u suby is trentixe upon the powers of thi i This is a grant of a public nature, with- interest, or property, or (City Charter and Kent's Notes, 6.) The act of 1813, reducing the several laws reloting particularly to the city of New York into one act, provides that the land taken for the opening of streets, avenues, and squares, laid out by the commissioners for laying out the city into streets ond avenues, and all the lands re quired and taken for forming and opening streets, avennes, squares, and places in the parts of the city laid out by the sak] commissioners into streets, ave- nues and squayes, shonld, when taken for any parts of the said purposes, be vested in “the Mayor, Alder- men and Coimmonalty of the said city, who should become seized of the same in fee, in trast for the uses and purposes of public streets, avenues and squares.” (Section 278 of the act of April 9, 1813, relating to the city of New York.) Thus it will be seen, from theve two authorities, and they constitute the source from which all the general powers of the corporation in relation to the streets of the city tlow, that the grant is for the benefit and advantage of the public, he corpora mere trustees for the wing the and enjoyment there- 1e purpores of publie (Ree Drake and ¢ Hudson River R: y pri ected with i new ed. page 2 4 cor- inal grant by interest, or as by virtue of its orig ‘wots for iis privat as a source of revenne, and i813, purewing the same policy, and vesting the fee of the lands in the public streets i jon, only in trast for the aves and ea of | ‘rect, that no private ownership has been vested in the corporation, a rofit can be derived wn r the ¢ i ¢ to pay an annaal t may be ob-evved ture, eiving the Common ‘common € sim for the san the action of the Connell | t ow far | By similar grant the corpora- | t of | kney tion of | tant legislative exporition of the powers of the ration in respect to the streets. If the Common uncil possessed the right to do as they pleased in regard to the streets, aud to demand a bonus or com- nsation for privileges connected therewith, would it not have been altogether idle and unnecessary to invest them, by a special act of the Legislature, with power to exact chagges for license? The obvious and necessary inference of this legislative action is, that power was wanting, and if these acts are strick- en from the statute k, the corporation could not tax any coach or carriage for the use of the public streets. It might also be ob- served in this connection, that the charges for mitted by the acts cited, do not ap, to be grant as sources of revenue, but simply as a remuneration for the damage or inju posselonet By the special use of the streets by public vehicles. No charge is authorized in reference to private carriages, but the power is limited to those vehicles that are constantly being driven upon and over the pavements. ‘The charge is analogous to that demanded and re- ceived by the corporation for Wier to build vaults under the streets. It was found that when the pave- ment was taken up for such purpose, it was so un- skilfully and carelessly replaced as to require an ex- pensions on the part of the city to put it in its former condition; and to indemnify the city against such expense, the owner is required in all cases, on obtaining a permit to build a vault, to pay a stipu- lated sum to the Street Commissioner, as indemnity for the fe gee found to be consequent upon the exercise of the privilege granted. The section of the act of 1813, and the provisions of the act 1824, re- ferred to, contain all the authority shige the powers of the corporation in respect to the use of he streets, and compensation which may be required, that I am able to find. It will be neces- sary, therefore, that rail cars should come within the intent and meaning of these acts to justify any charge for the privilege of running them upon and through the public streets. The laws last cited were assed before omnibuses were introduced, and when Eins new vehicles were brought into use, the ques- tion arose as to whether the provisions of such acts were applicable tothem. Chancellor Kent, in consider- ing this question,(City Charter and Kent's Notes, new license, ed., page a) eld that they were undoubtedly carriages for hire, within the meal of the law, and were subject to the charges author to be im- upon each public carriage by way of license. ey not rail cara equally “carriages for hire” are; of course Frrpslsion, nor Now, with omnibuses? I apprehend the: neither the construction, mode o! name of the vehicle, can make an; rence in re- ference to the principle—they both traverse the pub- lic streets, for the use of the public, and those who travel in them are required t® pay for the privilege. But this question seems to fully settled by the Supreme Court in the case of Drake and others, be- fore cited. (See page 206, doc. No. 10 of Board of Aldermen, 1860.) The court say, “a leading use and purpose of a public street is, for travellers an vehicles, and on foot. All parties must concur in that definition, as applicable to the right of way over the public streets of the city. And does not the railroad, with its cars propelled by the application of steam, or by animal power, come equally within the definition as the cart, carriage, or omnibus, drawn by animals? And the court hold that there is no difference in principle between rail cars and other public carriages traversing our streets.” 1 have thus, I believe, answered all the questions pro- panned by you; Lhave bestowed upon their consi- eration such investigation and examination as their | importance demanded at my hands, and in the re- sults at which I have arrived have simply followed others to pass and re-pass on | and over the same, with horses, carriages, and other | to devote to it, this letter would ha ced cor- | to it, r would have produced good the conclusions of express adjudications of our | courts, and the views of Chancellor Kent, in defin- ing the powers of the corporation of this city. To recapitulate—my answers a First—That the corporation possess full power to grant the privilege of establishing railroads through the streets and avenues of the city. Second—That the corporation cannot legally en- gage in the enterprise of building and conducting a railroad, without an Spe grant from the Legis- ture therefor, and that would be in violation of law; and Third--That the corporation cannot exact any bonus or general compensation for the grant of the | privilege of laying a railroad upon or through the streets of the city; but a charge Bpon each car, for | arm the license to run, may be imposed, under the ae visions of the acts of 1813 and 1824, above cited. Yours, &e., (Signed) Henry E. Daviss. SELECTIONS FROM LETTERS OF NICHOLAS DEAN, ESQ., PRESIDENT OF THE CROTON AQUEDUCT DE- PARTMENT, AND JOHN T. DODGE, ESQ., STREET COMMISSIONER, IN FAVOR OF CITY RAILROADS. New York, March 7, 1850. EN-—The pressing details of oficial duty leave me little time for retiection upon any subject not connected with those duties, and still less for put- ting them on paper; but having for heres dine ad my attention directed to the subject of railroads in the streets of the city, T avail myself of the invita- tion your letter affords, to put the results to which Ihave arrived before you. The form of our island is such that the city can grow in but one direction; and as the population is, by its expansion, removed farther trom the centre of business, means of trans- portation to and from that centre become yearly more and more important, and the inadequacy of the om- nibus system to effect the object is exhibited in a most convincing manner. The great thoroughfares are now crowded with them to a dangerous extent; and yet at morning and evening, especially during | storms, it is only those at the two extremes of the line who can hope to get a place in one, leaving the intermediate residents wholly unac- commodated. Nor is it possible, owing to the small number that can be seated in each—only | twelve—to put enongh of them on the leading streets, especially in Broadway, to do the required service, without excluding every other vehicle from it. But for the relief given to Broadway about Union Sipares and in that vicinity, by the cars of the Harlem road, the trath ot the last proposition would have long since become apparent. Railroad cars can be made to accommodate comfortably from forty to fifty persons—need not occupy for a double track more than twelve feet of the street —and are in all particulars so much more desirable a means of transit than an omnibus, that many of our business men in Wall street, and below it, have, for years past, walked to and from the cars at the Park, in preference to taking an omnibus, though it passed the doors of their residence and place of bu- siness both. For these and various other reasons, (some of which are hereinafter stated,) I have long helieved, and do now believe, that the great interests of the city, and the convenience of its inhabitants, alikerequire the substitution of said cars for omnibuses in some of our leading avenues. How many of them should be construc’ the locality of each, are matters of legislation calling for careful consideration. Lhavestrong doubts whether the cars should be ee to_paes below Cham- hers street. It would be no hardship to walk from thence to Wall street; and if it were, its tendency would be beneficial, in gradually drawing business from the extreme point of the island upwards, and near the termini of these rails. Every step taken for the last quarter of a century by our city government, has, unfortunately, led directly to crowd and circnm- scribe business within a ver limited and insufficient area in the First ward. Millions have been expended | in opening streets there, and in extending piers and building bulkheads to get a depth of water sufli- cient to accommodate our mercantile marine; fer- vies have been increased and are increasing— while lines af omnibuses have been — estab- lished to communicate with these ferries—not to serve the wants of our own citizens, but to furnish the means of ingress, (and what is worse,) of egress to thousands who do not hesitate to avail themselves | of the great commercial advantages of our city to acquire fortunes, but who are very willing fo escape the burthen of taxation imposed to create the very 8 they are enjoying, as well asto maintain our municipal government. In this way has Brooklyn, within the period last. mentioned, grown from an‘in- considerable village to be the setond city of the r and in this way it is that Wi msburg, and City, and Hoboken, and Newark, and Staten Island and many other places, hope to grow. The whole are but suburbs of this metropolis; at least one-half of the wealth and population of each right- fully belong to it, to whose numerical strength and , the mode of construction, and | | these only, can get the upper hand of a state of | with their confidence. fo use the public monies for | such purposes, without further legislative authority, | | aggregate capital, both ought in fairness to contri- | bute, and not, as now, like fangi and excrescences, prey upon it. To arrest this ruinous tendency, prompt and decisive legislation is required of our Common Conncil, and in my opinion no way will be found so ready and effectual as the construction of railroads on afew of our leading avenues. These would bring into immediate occupancy our own vacant lots upon the island, by furnishing a more certain and pleasant mode of reaching them than has heretofore existed; would add to our taxable capital, and also go far to | abate the desire hitherto manifested to find a resi- dence by crossing a ferry. The advantage of the contemplated fines of railroad may be summed up as follows:—The same number of vehicles would con- vey four times as many passengers as oimnibuses. As a mode of ¢ but quicker fined to a fi therefore le the wheels between thi therefore more economical. Con ck, they are easily ave rous, Passing upon an iron 1d the apace e part ng them, the trea- ived an expenditure of many thoa- sands annually, in the item of paving. ‘The ad- mitted nuisance of inereasing the omnibuses would he avoided. up with Our own island dwellings, and would be rapidly filled wealth stracted and from us, but retained and fixed here. hove all and beyond all, the wants of the «the extent of the city require these rail- , and to these all m considerations should Fregret that m © Vite npen a sw neh Impe ant cons and inqnivy on Ox of inducing hi vine and gvester aliiit veyance, they are not only pleasanter, | population, not, as heretofore, ab- | es travel, being | mimber of | | we had lost; and our foreign affairs presaged ruin in | tails of their clothing, and from the Wrist ee immedi- ¥ Respectfully, gentlemen, your friend and servant Messrs, Sherman & Pettigrew. Nicuouas Dean. New York, March 27, 1850. Messrs. SuERMAN & PerrigREw:— Gentlemen—I am in the receipt of your note, call- ing my attention to your plan of rail track for Broad- way, and asking my opinion of it, in view of the ob- structing or the general use of the street for travel. This, I believe, is the substance of your queries. From an examination of your plan for the rail, I think no objection can be made to it on the sroove being but tarecrquariors ofan inch in width groove 1B rs of an at the surface, and dima from that, would a ap of vehicles supine spon , OF areas, fod at any angle, without an: jury. important int Yo be considered under the’ 2 of obstructions 18, whether carts e1 in depositing or rem merchandise from the business portions of the a can do so without being hindered by the passage.ot cars, The carriage way of Broadway, from curb to curb, is about forty feet in width, and your double track, with cars upon it, will occupy, during their assage, thirteen feet, as laid down upon your plan; ‘is will leave between the curb stones and cars a distance of thirteen and a half feet; a cart backed against the curbstone will require about thir- teen feet, leaving ample room for the of your cars, without interference with ae en- gaged in the delivery of merchandise. ith regard to the general travel, while the rail track rode upon or crossed in any direction without to private vehicles, I am of opinion that the effect af ,. the track will be to throw open the travel uniformly to the Hess and left; thus rather Bronionny than inférfertig with the facilities of movement; the serious soupegyn., And. gael Dee SOR tered Sel ing e lower roadway, us be avoided! Tam of opinion that the cigewalln of Broadway, below the Park and in the exclusively business portions of the street, are unusually wide, and might be reduced at least five feet upon each side, with scuptiage to the public interests, and the space thus gained thrown into the carriage way, where it would be of more service. Accompanied with the Russ pavement, which you pro, to lay in conjunction with your track, ‘your pat, presents strong inducements for its adoption. Yours, &c., Joun T. Donee. AFFAIRS IN MEXICO. Message of His Excellency Mariano Aris President of the Republic of Mexico, at Opening of the General Congress, in Ordinary Session, January 1, 1853. GENTLEMEN OF THE SENATE AND House or REPRE- SENTATIVES:— It has now become my duty, founded upon the rovisions of the constitution, to address you from the same place where, with profound religious con- viction, I once strove to maintain it. Such an event as this may, perhaps, pass by unperceived and un- noticed, drowned, as it at present is, by circum- stances absorbing public attention; but when these will have passed away, and calm, unprejudiced atten- tion will brought to bear upon the acts of the powers of the State, it will be judged in a far different Inanner. Among us social evils are organic. Everything appears to be as contradictory and heterogeneous as the races which now people our territory; and in the obstinate struggle now going on between progress and reaction, it seems as though no ‘aids could be firmly seated, and as though our only normal situa- tion were a state of perpetual anarchy. From this unhappy condition proceeds, in m: opinion, the inefliciency of which we are Saha and indiscriminately accused. The remedy of our present ills does not lie in sagacious accusations and Barren reproaches; but, on the contrary, in unani- mous, persevering, energetic efforts. These, and imminently to involve the most. things threatenin f nations that have honored us all sacred interests of Intimately persuaded as I have been, and still am of these sublime duties, my unwearied efforts have been directed towards the preservation of the public peace, founded upon the institutions that now govern us. When I began to take part in public affairs the American flag floated above this same palace, and the ny, which must be considered as the detender of our liberties, was reduced to a few deperminated, disheartened troops. Almost without arms, without any concert in their movements, our soldiers had been denounced as demoralized, and unworthy of their mission. Our revenue was totally annihilated. Our treasury consisted of the price of the territory the future, while they told of humiliation in the past. Now, although the country is deeply moved by effects not resting on patriotic feeling, our institu- tions still maintain themselves, and our ungnimous,. decided, hearty efforts will doubtless save thent. Yes, this conquest of civilization and progress will be saved, the efforts of the foes of liberty and_inde-, pendence to the contrary notwithstanding. Every- where the refusal of the civil authorities to take part in the insurrections, and the resistance they opposed thereto, have been a protest, as it were, against the endeavors of violence, and also a lesson ior all nations surprised by the influence of private /esentments, When the army was supposed to be destroyed, and our peace aud independence thereby exposed, we have seen more than fourteen thousand men under mms, with a few deplorable exceptions, disciplined, brave, aud sand to support that fundamental char- ter which had formerly been presented to them as opposed to their interests. In the report of the Sec- retary of that department, you will see how we have endeavored to attend to everything, appertaining to the army, from the number of the troops to the de- amelioration in their equipments to matters it ately connected with moral improvement and dis- cipline. Our foreign affairs present a flatterin; et The cabinet has devoted much attention to the | fa- vorable termination of such matters as were pending; and that concerning the communication of the oceans—a question whose solution is expected with * anxiety by the mercantile, and, it may be, political interests of the world—will doubtiess, terminated by your two bodies, give to the world a solution worthy of the country. 4 , The duties and labors of the Department of Jus- tice are of unusually great importance. The impor- tant objects within its sphere—such as public instrac- tion and morality, intercourse with the clergy, im- provements in the prisons—have made extraordi- nary steps, and propositions are shortly to emanate from the Secretary of the Department, certainly’ worthy of your attention. The question which more than any other has at- tracted attention, is that of the interior, which has resumed in itself, and given birth to, all our other difficulties and troubles. During i of extraordinary sessions, which has just passed, after @ongress had been installed three days, the executive explained all the steps it had _ taken, urgently requested that explanations might be asked, and presented a diminished de- jiciency in the treasury, ewact accounts, and a strict system of economy. ‘This last, if brought into effect, would convert the ordinary deficiency in the revenue to the short sum of two millions of dollars. To meet the exigencies of the present, a loan was proposed, and as a guarantee, a general contribution augmenting the direct imposts throughout the re- public. This was considered by the administration as aresonrce which, if not sufficient, would at least have heen of some utility. These suggestions did not, how- | ever, receive your approval. The government received a general authorization to negotiate a loan of six hundred thousand dollars, and this authorization was returned to the houses, notas barren, but because its realization was not | Soe Ce with the principles of the cabinet. he revolutions have rendered the life of our treas sury still more precarious; and you will not, gentle- * mien, hear that amy act of extortion has been com- # mitted, either with persons or classes. In aword,, we have acted in a mannernot unworthy of your con-* fidence. You yourselves have vary. many times ex- pres your satisfaction on this “fe int. ’ Every time that the hopes of the government have heen frustrated, it haa returned to you, as the foun- tain-head of its authority, and as the arbiter of the fortunes of the country. Now that the conflagration of the republic is maliciously exaggerated, sufficient resources would, in a brief period of time, remedy the evil. To ply these is the duty of the executive; to censure it for not doing more, is to blame it for not walking when its limbs are firmly bound. Althongh the hours of the day and night do not suffice to crown the efforts of those who fight and shed their biood for the institutions which we all: year to defend and cause to he defended, the minis-- ry will, before two weeks, submit propositions, de signed ‘to resolve internal diticulties, of the highest be ahs , Lhe foregoing exposé of the labors of the ie tive appears at present to Le desired by the aitagton of the c ntry. We sce the social body in the con- vulsions © social war, and it is not proper, under such auspices, to judge of men and of things. Representatives of the nation, the men holdi i b ’ ing the reins of power are nothing when compared to t Internet it Pi the la countr large. decision coming from the uphold, even as £ have ey constancy and energy, tl Let us unite our effor and may Providence country feed by Hid: United Stat ‘overeign will. The T shall be the first to press rebellion. ; interests are the same ; ny means of you, the and iturbide. . process were made. Ilall. who had been + past, was obliged coming on todake would le adjowned® would probably be, trial of o Dietriet his Court fer sor © town, and n ce, the D.