The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-12-29

s.S conditions nsetiooed end set forth n ssd rss,i.
lions marked b. And the pssn6s farther shsw that In
ssd By the charter Of sd CORPORATE and the Laws Of
vested In the Board Aldermen and Arssaut Aldermen
thereof and monthly sion Of said Boards authorized
to be held. commencing % tbs nrss Moody at zach
month and to continue FOR such period ~ in tAeir
opinion. the public busipeFs but ositnee
Board s authorized 10 adjourn for longer period than
three day except by reon'ico to oursed In nv
the body The plaintiffs fur'her sho~ the lat
November sion OF said Boards oa tho
day ofsad month which dsv said sosrd Of Aide
met and a6 jourDed TO the 4th (hep) int Ga said Oh
de, OF November said Board Of Adsrmou sg sud
said Assistant oermsn bv r.sou ion or oth-r
vie whereby and by whsr,os the plsia IFS
claim and iDsst the session Of sid Board Of Aldermen
snd their powers legislative body aud part Of said
Common Council for and during ssd month VI November
ceased ard determined sad atn day OF November 1887
notwithstanding which tad Bo-rd OF Aldsrmsu after
wards and on the 10Th day Of November 1885, mst aud
under cclor of bipg assembled Board Of Aldermen
and ordinate branch OF sa,d corporation adopted ra
solution, Of which c,py her.uoto marked o.
and ~hich forms part Of this complaint That after
wards said resolution transmitted to sal Board Of
Ashtant Aldermen for their copcufrecce That the
9th day of December 1889 (bnog the dret DAP Of tbs
session for thst mouth the said Board Of Ass ant Al
titions aforesaid adopt said resolution and order ths
same to be transmitted TO he Mayor OF sad city for his
approval That eubtqneDtly and December Is,
1852 raid Mayor returDec sad resolution to si Board OF
Aldermen without his approval and paaed by his
unto annexed marked q, and fsrm part or this
plaint The plaintiffs fnrtser shos Information
and belief that the several sud nhers % tbs
said board who voted In favor az ssid soluiou aud
grant being msjori of the members eecsd TO each II
raid boards have given out tbr-a eaei snl cscl1rsd
that they Intend to adopt snd pass said resolution no.
w;thstandipg the OBJECTIONS Of M.yor and they
intend to keep said boards in session during the month
mber fer thai purpose AMI 10 that 81 have met
and adjourned Frequently TOR ~ quorum foe the
Transaction Of business nom time 10 time 10 antoipa
hoa q the coming in Of i'd MSos'- o,ieo ions aud
with the int mt Of potrac'ipg their re-on for the
pose of passing and sdootirg fsd resolution notwith
.tsnding their compensation r services ia tner reseec
tive boa DIS errnuat.d after the fret eight OF their
session and which have long sncs expred snf these
plaintiffs are spprehcpsive that ss'd rc-onton s
passed a. aforesaid the said ard By Law
act on the some. The plaintiffs inrther iuf,-.
mstion and belief thst th- grantees named
said resolution b.og adopted by SAID bard taey tutaod
forthwith 10 accept the 10 writing 1hsreo
vded and will thereuoon proceed 70 break th.
nent lay down the said railway and establish said road
IN said Broadway. The plantffs further she., that
the laying down OF snch railway and the e.ta-
bnsbmeDt OF railroad IN such tbropgsd tho.
ioughfare Brcsasav, is as yet m uu.ried
experiment; and Too same csuuo as The pl.ioias
Informed ana believe, he laid Ia ssi3 street dis
tpIb'ng and thereby destroying aid Russ 80
tecurey laid therein, a. snth vast TO tns
payers OF sad city The plaintiffs further sho = apon
information and belief that the lavior of such railway
would require at least four IL prose With
diligence during ali whi,h period sad sreet would bs
rendered slmot waoly impsssola the great injury
aud ointment at there pl.a'iHs and Der pers,ns
having occasion to use and travel 10 sad street rhs
plat uhs fur her ttRt hey anh all Other citizens
ana travellers, row have rgbs 10 be ire" and
use OF the wi ole of the csrrigewy Of ead street
uhirs arhrnad 10 ssi1 SIR 1T vii be appoprians the
street 10 base nd uDan horised wh,l u
exclusive IN is neture TO The great III and damage
OF those VINO noN hsve free apd comnoo right therein
IS Aforesaid The III ntis far her that stree.
Is too MR. og a1uit tho estsbi, rg II sgca rav,y
consist bt witt the rights privileges tnt-re,ts of eh4
CITIZENS snd tsE pasets ~ said lily Al other
10 ssid city ARD for her the psnt Il. advised and
believe and Therefore charge That rtlsay III
struoied VIII be public nuisance IN 80 4 srret Aud
the plaintiff. further information AID bsl,s,
that SAID corporation haze wight authority,
aDy law OF 6hlr Sttfs other
construct such rairoai 10 % d stree; they
grant the right p,itese to a1f estshii
eueh raoso therein TO sny pers y q person, cns
plaintiffs also aver caim and ast LhIt sad c,rso-
Cn have the right 90 gtsut IL. OF said sr 60
prttee individuals for such uurposa a, sud
JshiSbibg Tread therein thea Ard in sueh case II
certainly the uuty OF esd orrpor.top $40 thsy have
lie hight 70 impose any proper terms su3 cond lions
upcn which sucn grant h,i be Sie AZ should
SUI Tie true ioieres Of s'd city hS s'esprng those
voluntary C,rs aDO terms maize bs resp ole Ia
bis which wtile they insure equNl scson0ofaio IN %
s1d citizens tax PAYERS travellers and pubic gene
rally would the biggest geDsarion pro.
duce the greatest city rha plain AFT so
aver claim and ipsist ths grant to the igdviiuals
named 10 SAID resolution the tetms tiOalatioos,
ana conditions named thersin VIII be II
stIaiu.d fraud upon tbe travelling pubic aud aid
CT th.3 Ina osra,ne A. permits the pTsies psu.d
vntr ~ unexrcpionable sn1 wor nv citizens az
dsEt Means ana ability hasa aif-rsd Diiii.s
accept ana grant upon the ssms Terms spu'atous aod
Ga1ements With permission to charge ons three
pa.seDger fare And turtnsr tina. graat the nii.
1ouas named in sasd resolution upon The terms conii
tiurk sDd sipula ious uamed therein will De- If
strained fraud upon toe tsx payers of sad CITY ia.
na o. ~, c;,i,ans -, ..;, 49,, . -, -, "a
ability have offered and ailug to -ptta prvil-
~ tbe,ceo.. ,,o tha -, ,r.as,,vx .,an. -,
bnnf,qd thoussnas of dousr, aad yh;.n .oI4 o,.as;
alJ dimnish the OF levied 10
eod eli v soa rs.nuon on,S n.rn,,,in ,n an, no;t;an
~ Inc om,nsl ann of s3o 80 - he vas ~ ,c, 80
yba-..v eIooo .ro pnwar,s y, %. Z, r,.asa 80 49,
aa1b CO. has b,,n Yo,,p..+is Nv rd - asao;s sns
sr.b ,cIuissio ,rsnt s,.n ,,ie,sre Th. n,sor r,r
thsr car, snd la.t tnst ina raoo,oa az ss;t ,e.ou
49, .brud ~ ,esrrasns haoa,a H. .ttanaes -, 49,
mo saia co,norar, fnrees- ava ms ,;t ma soa,rrI
M So os sad ,,1ns ~, 1.,,. nj ao
Lccs,'Sa !. ,t.,t,s -, ,rat. a., ot,1ns - rrie -
nonrIv rot vi,htr an. nnve~s =, .aa 1tr,1rs
- :, o. - rr ,,p,,rig o. ~ aar,s
o. La,;ara go 1hrc+ar. h,..,s - - 80 - 80
eais cc,rtrs,,Sr ~ a,,Tb - - -, - 80 -
a. 49,. 80 - ~ 80 ~sro.t - 80 ,,s
- s,.a;5 -, - =, - "a. 49,. ~ psS
$3.50 ~ . "e 80 y, ~ @ a ~ IN -,
- ,1i,c o. :. ,f.,,. =, x.s. "a :, 80 y, - -,