New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-12-29

The regular company offer Agnes d. we've. or N
Whes Revenge" by Madame Ponisi Mrs. ss!ton Nr
Bland and others The farce MARRIED and s,.,l,i'
| concludes
AT BUTTONS, the popular drarnn "Paris and Loadou
and the 1000 ainers, by Burton Placiie John ..ou
and company. The "Paris and London" has been
given seven times and always with renewed satiss-.
| ton to the dudience
| AT WALLAcK's, The Morning Call" choice bit Of
| comedy, by Laura Kene and Lester Also "My
Christmas Dinner" and "Mysterious Rspoings." the
two new pieces which seem to have met with favor.
To conclude with "Only Clod"
at NIBLo's, Mszeppa" is agAin repeated with it.
Inc scenery and stage effects.
at the MUSEUM, 1.-The Forty Thieves" both after.
noon and evening Cen Tom Thumb will receive hi,
friends.
still receiving visitors
WooD's MISsTRELs offer now programme TO the
lovers Of negro melody.
foBEET HELLEr's feats of Magic are performed "a
usual, at the Chinese Rooms
The ELEPHANT OXEN may be seen as advertised
~ The second performance Of Cenerentola
at the Broadway Theater won nev aurels for ALsoyr
Monday evening. With regard to the other features of
tue performance nothing to be added to remarks
Of yesterday.
INJUNCTION on THE BROADWAY RAILROAD
scHEME.-Judge Cempbell has Issued temporary in
junction against the Mayor Aldermen and Common
atty of this City on the complain. Of Thomas Davis
and CORTLAND Palmer, forbidding them to charter
I Rai1ro u, Rpon
cause, on The I'd of January next why the injunction
should not be made perpetual
] The points relied on in the complaint which had
been served on the Mayor, are, as Tie Essmiag Post
gathered from hasty examination of it briefly a,
follows:
That the plaintiffs are property owners and tax pay
in the City to the amour. Of ESQ each, per annum
Commencing with 1876 when the tax annually lev.
led by the Corporation a million and half our
taxes have steadily incr sased through wanonness and
corruption to s4,0oO,0Oo.
That the corporation ore mere Commissioners of
Highways have no power by law 10 grant to any per-
sons the exclusive right the Of any of our Streets
or in any manner interfere with the free and common
Sse Thereof or erect any structure or work therein,
which might become a nuisance
That in July last Jacob Sharp and others petioned
the defendants for authority to establish Railroad in
Broadway and the principal property owners remon.
strated against it
That Broadway is the principal trading and com
mercial business street in the City constantly thronged
with vehicles and passengers and the part below Ca
nal-st. most Its average width of carrage-way is
40 feet at Madenane 80 feet at Wallst 81 at Rector
st. "a feet, aud nowhere does it exceed AZ feet
That tit has lately been paved with very durable and
expensive Russ pavement, at expense to the tax
payers Of over s5OOOO0
That until the petition for the Rslroal before
the Common Council, six other propositions were
made, viz:
l. One by which the Corporation would derive
81 ,OO0OOO and a charge of only three cents fare.
.. Another by which they would derive s2Jo.O)O per
annum, with FIVE cents fare.
3. Another by which they would derive $4,000 pee
annum, with three cents fare
4. Another by which they would derive s5OOOo) per
annum, ard five cents fare.
5. Another by which they would derive $4,000 per
annum, and five cents fare.
g. Another on the same conditions as those granted
to jacob Sharp and others, with reduction Of fare
from FIVE 10 three cents
Thst by law, the Boards Of Aldermen only hold
monthly sessions and cannot adjourn over days,
unless by resolution concurred in by both Boards.
Notwithstanding which, the Board of Aldermen ad.
concurrence Of the Assistant Automatically the
session of the Board Of Aldermen ceased November
4ih and that the grant TO sharp and others to make
railroad in Broadway, adopted by the Board Of Al
dermen while they had no power to act as Il Board
That on the fret day OF the December session the As
stant Aldermen also adopted the grant to Sharp and
sent il TO the Mayor.
That on December 18th, 1884, the Mayor vetoed the
grant, ard returned it.
/ That majority of both Boards have 9ir.n ont and
threatened TO again adopt such grant 10 Sharp. noylth
standing the Mayors veto and for that purpose are
keeping the Boards now in session. frequently adjourn
Ing for want of quorum and the session is pro,ract
cd notwithstanding the per diem allowance for the irst
eight meetings OF each session has long since ceased
and the plaintiffs apprehensive that they will again
pss such grant soon as they can BY law act on the
same
Tha, Immediately on the adoption OF the grant, ia
cob Sharp ard associates will accept the same, aud
proceed TO break up the pavement and establish the
railroad
Tia. such railroad is an untried experiment and
cannot be laid without destroying the Russ pavement.
That the laying Of the railway would require at least
four months during all which time the street would be
rendered impossible.
That the plaintiffs and sll other travellers have
ars 10 the free and Of the whole Of the
carriage way Of the street. with their carts carriagei
and vehicles That the establishing of such railroad
will he approyriang the street TO and ana shOrs'-
al use and one which is exclusive in as naa TO the
great injury and damage of those having free and
common right therein.
That Broadway is too narrow to admit of a railway,
consistent with the rights Of citizens taxpayers and
travellers and if it is constructed viii be public HH
sGncc.
That the Corporation have right to establish such
railroad or 10 allow others TO do so. But If they
have the RICH, grsnt il it is their duty to impose
proper terms and conditions, and should consult the
interest OF the City and payers by accepting those
voluntary offers OF responsible individuals, which
while they insured equal accommodation to the pub
lie generally. would produce the greatest revenue 10
the City.
rYa, tho Grant urooosei N Iscsh Sham and o.hers