TILDEN TO GOVERNOR D. B. HILL

(THE BROADWAY RAILROAD BILL)

"GREYSTONE, _April 21, 1885_.

"DEAR GOV. HILL,--1. The bill entitled 'An act to annul and

dissolve the Broadway Surface Railroad Company' is a very proper and

necessary bill.

"2. The bill entitled 'An act to provide for the winding up of

corporations which have been annulled and dissolved by legislative

enactment' does not seem to me to contain any deceptive or dangerous

promises, and may be deemed unobjectionable.

"3. The bill entitled 'An act in relation to the consents of

property-owners, order of the general term confirming reports

of commissioners, and the consents of local authorities,' &c.,

preserves, notwithstanding the repeal of the charter: _first_,

the consent of the property-owners abutting on the street to be

occupied by the railroad; _secondly_, the consent of the local

authorities having control of the street or highway to be occupied

by the railroad; _thirdly_, the order of the general term confirming

the report of any commissioners that such railroad ought to be

constructed or operated.

"This bill fails to protect the public from dangerous abuses, with

the experience of them in the case of the Broadway Railroad before

our eyes.

"It is known that the consent of the local authorities was obtained

by bribery. Yet this bill provides that that consent shall be valid

and effectual.

"It is known that the general term appointed improper persons as

commissioners to decide whether or not the Broadway Railroad ought

to be built.

"It is known that the general term confirmed the report of those

commissioners in favor of having the road built by the grantees

without regard to the fact that the compensation to the city from

the grantees was grossly inadequate.

"In the case of the Cable Railroad grant, the same general term

refused to confirm the report of the commissioners on the express

ground that the compensation to the city from the grantees was

inadequate.

"Yet this bill adopts, by legislative act, the consent of the local

authorities obtained by bribery.

"It also adopts the action of the general term which was at least

improvident and unjustifiable in face of its later action in the

cable case. The appointment of commissioners, and the confirmation

of their report, was a substituted consent in behalf of the

property-owners. The direct consent of the property-owners could

probably not have been obtained.

"The substituted consent was obtained only by the abusive action of

the general term.

"Again, the effect of this bill is to deny to the people, to

the local authorities, and the property-owners interested any

opportunity to pass fairly upon the question, whether or not

Broadway should be occupied by a surface railroad; it practically

determines that there shall be a surface railroad in Broadway.

"The only question which it leaves open is, Who shall own and

operate that railroad?

"In my judgment, this bill ought to be held under advisement, after

the two former bills have been acted upon.

"You will thus have opportunity for mature consideration, and for

manifesting your vigilance in protecting the public interest.

"It is very possible that you will come to the conclusion to

withhold from it your approval.

"That is my judgment of what ought to be done.

"I have dictated this letter, after reading, this evening, the

newspapers, and finding out as well as I could what has been done

to-day. I will endeavor to write about the remaining bill to-morrow.

Very truly yours,

"S. J. TILDEN."

Letters and Literary Memorials of Samuel J. Tilden, v. 2 · 第 232 / 295 题