People ex rel. Simon v. Bradley

• Decision Date: 25 March 1913
• Citation: 207 N.Y. 592,101 N.E. 766
• Parties: PEOPLE ex rel. SIMON et al. v. BRADLEY et al.
• Court: New York Court of Appeals Court of Appeals

207 N.Y. 592

101 N.E. 766

PEOPLE ex rel. SIMON et al.

v.BRADLEY et al.

Court of Appeals of New York.

March 25, 1913.

Appeal from Supreme Court, Appellate Division, Fourth Department.

Mandamus by the People, on the relation of William Simon and others, constituting the Terminal Station Commission of the City of Buffalo, against John H. Bradley and others, constituting the Board of Aldermen and others. From an order of the Appellate Division (139 N. Y. Supp. 1139) affirming an order directing a peremptory writ to issue, respondents appeal. Affirmed.

Chapter 842 of the Laws of 1911, including its title, is as follows:

‘An act creating a railway terminal station commission of the city of Buffalo, defining its powers and authorizing said city to issue its bonds.

‘The People of the state of New York, represented in Senate and Assembly, do enact as follows:

‘Section 1. The mayor of the city, ex officio, the commissioner of public works, exofficio, the chairman of the grade crossing commission of said city, William Simon, Spencer Clinton, James Smith, John N. Scatcherd, William Henry Hotchkiss, Henry Schaefer, Robert R. Hefford, H. Montgomery Gerrans and William H. Crosby are appointed commissioners, any seven of whom are authorized and directed to adopt, from time to time, plans for the purpose of relieving the congested condition of the railroad stations and terminals in the city of Buffalo, which plans shall require the railroads, or other transportation corporations operating within the city of Buffalo, to make such changes in the location or use of any existing tracks, switches, terminals, stations or railroad facilities within said city, and which shall require the city to make such changes in the location or grades of the streets, alleys or lands owned by said city, adjacent to or contiguous to such tracks, switches, terminals, stations or facilities, which in the judgment of said commissioners will secure to the public freedom from the obstruction of the streets of said city by railroads and adequate services and facilities for the transportation of passengers, freight and property in said city.

‘Sec. 2. The said commissioners shall be known as the ‘Terminal Station Commission of the City of Buffalo.’ They shall take the oath of office required by the Constitution. They shall elect one of their number chairman, and may employ such assistants, including a secretary, an attorney, an engineer or engineers, and provide for their use such offices as they may deem necessary, the salaries of whom and expenses of which shall be fixed by said commission and be paid by the city. Seven of said commissioners shall constitute a quorum for the transaction of business. No contract, lease or grant on behalf of said city shall be let or made unless signed by at least seven of said commissioners, and no act of said commissioners shall be valid unless approved by at least seven of said commissioners.

‘Sec. 3. Before adopting, altering or modifying any plan the commissioners shall give notice of their proposed action to all railroad companies which are to bear any part of the expense of the work for which such plan is made, and shall give them an opportunity to be heard. The commissioners shall make known the plan or modifications of a plan proposed to be adopted by them by filing such proposed plan or modifications of a plan in the office of the chief engineer of the bureau of engineering in said city, and publishing a notice thereof daily in at least two of the daily newspapers published in the city of Buffalo for at least ten days before the first hearing thereon, and shall hear the railroad company or companies interested, and the city and any party interested by their respective representatives or counsel in opposition thereto, or in respect to any proposed change therein. Any railroad company interested, and the city, and any interested party, may at such hearing call and examine witnesses as to the feasibility and expediency of such proposed plan, and of any alteration or modification thereof which may be suggested, and of any new plan that may be suggested. The commissioners shall hear the proofs and allegations of the parties, reduce the testimony taken by them to writing, and they, or a majority of them, shall make a report in writing, wherein they shall state the plan adopted by them; the location of the railroad passenger and freight stations (which shall be located at or near their present location), yards and appurtenances and facilities to be used in connection therewith, and of the public and railroad approaches thereto, and of the streets, squares and public places contiguous or adjacent to said stations, yards, facilities, or approaches to be used for said stations, yards and therewith connected facilities by the respective railroad corporations whose railroads enter or operate within the city of Buffalo; the change in the location or grades of the streets, alleys or lands owned by said city, and the change in the grades of existing structures carrying streets over or under railroads, which may be necessary in the judgment of said commissioners to secure to the public freedom from the obstructions of the streets of said city by railroads and adequate services for the transportation of passengers, freight and property in the use of the railroad tracks, switches, terminal stations or facilities. The report shall be filed in the office of the clerk of Erie county, together with the testimony taken before the commissioners, and such report shall thereupon become the plan for the part of the work provided for or referred to therein. The commissioners after adopting any plan or modifying or altering any plan shall give notice thereof to the railroad or railroad companies interested, and to the city, and shall designate the place where such plan or copy thereof will be kept on file for inspection and examination.

‘Sec. 4. After adopting any plan or modification, or alteration of any plan, the commissioners shall make and serve an order directing that such improvements or changes, as have been determined by them, be made within a reasonable time, which shall be specified in the order, and such railroad or other transportation corporation and the city of Buffalo are hereby required and directed to make the improvements or changes required of them, or any of them, by such order of the commission served upon them as herein provided. Such order shall be served by delivering a copy thereof to the president, vice president or a director of the railroad or other transportation corporation, if it is a domestic corporation, and if it is a foreign corporation by mailing the same to the president or secretary of the company at its principal office, with the postage prepaid thereon, and by delivering a copy of said order to the mayor of the city of Buffalo.

‘Sec. 5. The commissioners are hereby authorized to contract on behalf of the city of Buffalo with any railroad and other transportation corporation owning or operating a railroad within said city for the purpose of carrying out the provisions of this act. They may agree upon behalf of said city with any company for the change of location or grade of any street, alley or public place, which may be necessary, and may agree with said companies for the exchange or sale of lands owned by said city at a price therefor to be determined as hereinafter provided. They may by agreement with the contracting company alter, modify or change any contract heretofore or hereafter entered into by any of said companies and the grade crossing commission of the city of Buffalo. They shall before entering into any contracts cause the detail plans for the work to be done by the contracting parties to be prepared by the chief engineer of the commission, and the engineer representing the company or companies with whom said contract is made may join with him in preparing such plans, and said detail plans shall enter into and form a part of said contract.

‘Sec. 6. The commissioners may agree with any railroad or other transportation corporation interested, and any of them, what portion of the work necessary to be done shall be done by any such company interested, and what portion of the work shall be done by the city, and what portion of the cost of the proposed improvement shall be paid by each. The cost of any structure and the maintenance thereof built upon the lands to be used by any railroad company in the erection and maintenance of its railroad passenger or freight stations, yard or approach, shall be at the sole expense of said railroad company interested .

‘Sec. 7. In the event that the plans adopted or contracts entered into by the commission, as herein provided, shall include as a necessary part thereof the change of the grade of any street, alley or public place, the closing or alteration of any street, alley or public place, or the taking of any lands to widen any street, or to open new streets, and if any property be injured thereby for which the owners or persons interested therein are lawfully entitled to compensation, or in the event that it becomes necessary to ascertain the fair market value of any lands owned by the city of Buffalo, to be exchanged or sold by it, the commissioners by their chairman shall make application to a Special Term of the Supreme Court for the appointment of three commissioners to ascertain the compensation therefor to be paid to the owners of, or parties interested in, lands proposed to be taken, or which may be injured, or to ascertain the fair market value of any lands to be sold or exchanged by the city. Such application shall be made by petition duly verified by one of the commissioners according to the practice of the court, and shall contain a description of the lands sought to be taken, or which may be injured, or of which the fair market value is to be ascertained, and the names of the owners and the parties interested...