The railroad that was never built

By Cheryl Longyear

Monday, December 31, 2007 11:15 AM EST

Roads of rails called wagonways were being used in Germany as early as 1550. These primitive railed roads consisted of wooden rails over which horse drawn wagons or carts moved with greater ease than on dirt roads.
In America, New York state became the pioneer in the building of railroads.

Colonel John Stevens, known as the father of the railroad, advocated for a railway rather than a canal to the lakes as early as 1812. A year after the Erie Canal opened, the first railroad was chartered in the state. The Mohawk and Hudson began running between Albany and Schenectady in 1831.

Hundreds of capitalists in every part of the state were ready to invest money in what seemed a safe and sure enterprise yielding satisfactory returns. During the first 25 years there were, in addition to the railroads that proved successful, 125 companies organized, which never laid a rail known as “paper railroads.”

In the early 1870s, ground was ready to be broken on the proposed Northern Cayuga Railroad to be built from Port Byron through Montezuma to Cayuga. In May 1873, a board of directors was elected in Cayuga for the proposed railroad.

By July of 1873, two thirds of the right of ways had been secured. In order to secure the remaining portion of the route, it was proposed a commission would have to be appointed. Twelve bids were advertised and submitted to the Port Byron office for the railroad's construction. William Jarvis of Onondaga County was awarded the contract as the lowest bidder.

In the meantime, a signed petition of about 50 electors requested a special town meeting in Montezuma, which was held at the Exchange Hotel in June of 1873.

A resolution was passed at the meeting that town supervisor, Garrett Forshee, institute proper legal and equitable proceedings to test the legality of issuing and delivery of the bonds by the town, and take such measures needed to protect the interest of the town. Another special meeting was held in September, and a committee of three citizens was elected to act with the supervisor in the prosecution or defense on the bond issue. In October 1873, a vote was taken; there were 99 votes for settling and canceling town bonds and 16 were against.

In January 1874, it was reported in the Auburn Bulletin that the action of the Montezuma town supervisor in refusing to levy the tax for payment of the bonds would most likely result in a lawsuit.

The coupons of the Montezuma town bonds went to protest and the holders of the bonds brought suit against the town for interest then due.

In November 1875, at a board of supervisors meeting, it was reported by the railroad commissioners that the town of Montezuma had issued $20,000 in bonds in aid of the Cayuga Northern Railroad, and that interest in the amount of $1,400 should be assessed against the town. At the following month's supervisor's meeting it was reported by the supervisor of the town of Mentz that the $30,000 in bonds issued for the railroad's construction were in violation of the statute, and consequently, were null and void.

On June 24, 1877, the governor signed a bill to authorize the town of Mentz and town of Montezuma to cancel and surrender stock held by them in the Cayuga Northern Railroad which was never built.

The case was taken to the Supreme Court and in March 1890 after years of litigation, the bonds were declared illegal, and finally Montezuma's and Mentz's bonded indebtedness became a thing of the past.

Cheryl Longyear is historian for the town of Montezuma. She can be reached at 776-8632 or e-mail montezumahistorian@tds.net

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