(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."