The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-01-01
TIE BROADWAY RAILROAD INJUNCTION CASE.

TIR BROADWAY RAILROAD MJUNC ZION CASE.
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Superior Ceurt-special Term.
Before Hon. Judge Duss
Dec 3L-he case Of a< Attorney General o. Ne Aayv.-
Mr.. r. Hilton appeared on the part Of the paintH VIM
NoAtt and John Taylor. He Asked that the injsns.
ton granted against the Common Council to prevent their
passing grant for the construction Of the Manhattan
vile Railway through Broadway, b continued. the
Court could suggest anything to prevent the consumption
Of time In arguing the ease-
Judgs-I certainly don't want to hear IN extended
gumsnt In the case.
Mr.. Hilton said It necessary that the injunction
should DO continued there yet time for the Alder
men to pass the grant They can ht on Sunday they
please to do 20.
Jusge-Sit on Sunday
Mr. Hlton-I decided BY the Supreme Court that
they can sit for legislation on Sunday.
Judge-But their term Of oHics expires to-day.
Mr. Hlton-No not until the other Board Il sworn II
his Honor woald withdraw the modified Injunction and
Let the Injunction remain In force until next week. it
would answer well.
Judgs-Ths injunction still remains in force against ths
Aldermen-it Is only modified Is to the Assistants
Mr. Hilton-rhe defendants lack bat one member Of
the Board Of As.ist.nts to carry ont the grant They
M Hilton was then proceeding to read the complaint
Mr. Fsld said this was q rehearsal Of the old case
JUDGE win postpone this matter until Tuesday
morning II the counsel in opposition does not to
Mr.. Nsld-That viii not consent to- bat shall insist
on it's being immediately dissolved, - having been in
Mr. Hilton then proceeded to read the complaint which
states that the Corporation have ownership
property on Broadway and that tSsy own the land in
front OF their houses 70 the centre OF the street. and
opposed to railroad in Broad say that such project Is
contrary to the wishes Of large majority Of the
and that the power Of constructing should be sold BY
public auction Counsel then read the resolution Of the
that Alderman Tsmann sad he vas authorised to oder
BY responsible persona 500 year for the line. The
petitioners also claim that the grant Illegal the law
docs not recognise any corporate for city rail
roads; that from the width Of Broadway, railway In
that theroushfare would be nuisance and the Russ
ly taxed, should be stroyed.
Mr. Field would like to see the adavit OF service Of
OF the order.
Mr.. Hiton-I served IT myself on the Mayor, at his
house.
Mr. Field would like to have an aadavi: to that
Mr. Field had not received Communication of the aHi
davit Of services Of the writ Of Injunction This sub
ssquently put In BY Mr. Hilton, but
Mr. Field again objected the ground that the place
Of service not mentioned in It, when Judge Dusr
ordered that lat the residence the said Mayor" should
Mr. Field would use oppotion the proceedings in the
former suit The judgment in the case Of Palmer and
Mayor for precisely ne same relief dsasndsd in this
case. In the former the preliminary injunction
Injunction issued here which thus: "that the Nay.
or Aldermen, and Commonaty Of the city of New York,
their officers and agents and each Of Them hereby ab
solutey noined and restrained from giving granting
to any person or persons company companies whomso
the right liberty, privilege Of laying
double Track in the Street Known q BROADWAY, in the
city Of New York 60 This Injunction of course must
fsrred to the Manhattan Railway Company This Is an It
tsmptby the Attorney in action In this court
to restrain the Common Council in the exercise of par
cular privilege 1t is quo arvdno and quo aoaroao
win not lie In this court. He thought it questionable
whether : new sui. eeua be maintained the ground
that the former relief not granted The frst to
prohibit the council giving the privilege 10 company
for laying down track It 10 not competent for the At
passed last night the Board Of Assistant Aldermen
Its terms and conditions known What ground Ia
there for the court to exercise this extreme power At
the nrst blush 1t seems prostrsting the power Of the
legislature of the city ct the feet OF the It
do ne good The Injunction should be dissolved the
Attorney General could into court and
This was action In the nature OF = quo scaranto--a
Judgment OF custer The counsel objected the rrsdic
ton Of the court and referred to the Code to show that
the court had jurisdiction except OF debt
to restrain unicipal rporatons
should be in the Supreme Court At least this wit Of In.
junction was not discreet exercise If power in the
sent casa.
Mr.. Billion replied the objection concerning the jurs-
eiction. II was started wrong basis. The scron
brought BY the Attorney General behalf of owners
OF properly to restrain the council hich is about to in
prevent
the Court has jurisdiction under the general clause The
quo 'cd,TdntoB not the proper remedy We ssex to
strain the Corporation from granting privilege the
Manhattan Railway Company. 1t has already granted
privieeo TO another company TO lay down track in
Broadway and this grant unannullsd We shall there
fore Lave two railroads. each with double track through
street forty fee. wide This liz . nussncs in is very
nature. We limit the relief for which we ask to restrain
ing the council from granting privilege to the MAnhat
tan Company The counsel considered that there was
enough to continue the injunction and grant the prayer
Of hs compainsnts apart the fact that the property
n - fvnFnt hrao~
Of trust in the Cor porAton to grant the privege-apart
from the ground that it would be fraud travellers
passing through the city in consequence Of the high fares
imposed upon them, and apart from the dsgracenl
ner in which the ordinance has being hurried through the
Council.
Judge Duer announced that he would deliver his
Judgment at o'clock NJ. and that in the meantime
the junction should stand modified to refer
clusisely to the Manhattan Railroad Company.
At O'Clock the court reopsned, when the folio
judgment was pronounced BY Judge Duer THAT the
injunction be continued modified above the ground
that the Corporation had right to give their
the road until the rou o had been forged"