(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."