The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-01-05

e,Ne BrsaAway Railreaa Again. :
xPnnHvn COuRF-GHEERAL TENN.
lax. x-P, sssat-hisf Justice Oakley, Hon. Judges
Boswor4h and e.,ossoa-
nil stssr d sain before ths public and nov somss
M a. n sypa to tie Gsnsrsl Term from the dscisoa Of
Judge Dusr The folIo~ ing the points which Mr.
D. D. Field vas heard for tie sppsnants -
fAowsw Dcr;s OoswRasA Palna, and ne zpw>
Ss !; ~. ~ RI, xa ys:s 49, =. - sssI =
Attorney General . party plaintiff, Was erransous.
the css cited IN the opinion st the Special rsrm q
TSs ga. z brig e !. gs,y Ss;:ads.s
atss only TO the bringing q party dsssndast the
same referred 70 u sseto. lis sssoe i7s hss rsssr
enc: only . the rs%',s, q tsshnlei II pro-
II ne esars he'd he poser 70 allow tSs sasss...s
here mats II would be an abuse OF power allow f.
l. 1t introduces into the sstion ~ entirely
lit b allowable, thsn : suit may b oonmsassa
and carried by plAnta having no right - SUE and
party who has right may b made plaintiff st the CON-
Sc.o. o. ne .sS az
in the pans Of utranger who never bad any interest y
it. b made good y H crttng the name Of ths hold
would b safe Il would be impossible for him 10
know whose claim he Wa rssisns what defence waa
Inv dsfsnesnts may have had dsfsBess against the
action Of the Attorney General which they had not O
ed rot ehocss 70 atsposs against ne aec. Of TIE OH
not resident Of the city, he served here With
proesn H eho.s to appear to the elin q tho a.st
q u. Attorney General Isstsrrias slat hat on,E
should sue in the Supreme Court
action this court R risht to sue It All il derived
fHm the Revived Statutes, whish authorized him
IN The Court q Chanosy and the Supreme Court the
This oourt has not jurisdietoa q aa ASTON aeaanss
tas ecsposson q New York, upon the Of sstoa
name Aeo. ior the public interest shoud b bgossht
The Attorney Gsssr.i and the plainsn. cannot io,.
IN an scsisn NE this thsEsfors 4 the At.oray General
missed q TO he original piaistifis
eeoond-Ihs reso uton Of the Common Oounoi1, men-
sG9sd I'M y sss v complaint xss valid :st
soci.tsd argued for the plaintiffs that this action vas
originally oOnmssced BY Davis and Palmer - paiatis
Adsrn On AM oommonasy Of the city Of New York. from
gr ntpg to Sharp and Others any other person. the
way An sjusson to that eject WAS g.anted ana served
on the Mayor, and also On the Aldermen sId Assistants
.no n asns1os Of II sds IL. grant .hoa the defend
upon petition, the PLAINTIFF had leave 70 make amend
ed and suppmsotai oomplain bringing in the granss
ssIns to have tie grant Is made declared weld 7ns CON-
paint se forth among other things, that the painti
sas s q
been lsvied and assessed by the corporation and paid
,, the plaintiffs TO s.tsni exceeding $3.50 for m.ay
years. past They citizens and corpoaors Of said city
and owners Of real estate situated upon Broadway and
also in land in sad street {, the esntrs
That the fss q asc.d~ss !. II the "a
joining owners and the corporation have power
In That Il the have such power Il esnnot
BE- exercised without paying, providing for the pay
mont to the adjoining owners Of thsr damages no. that
Il ~ th~f 49,
IN the s / a IN ~ the oorDo
rato and taxpayers and to b exercised for ,hs public
pcs.Ss pr. ~sr. m.as 70 s.
Offering to construct and establish soch RAILROAD aad
oa . % IL ss annual
Ore 70 give s. sss % for each cars essts fare
One TO give the eorporstoa one cent Tor each pas.
One to give annual bonus Of sloo. oce and charge
One TO comply with the covenants and conditions
cb.,gs but osA instead Of ssnts fars - mentioned
The complaint than satsd what these offers would pro-
ducs and IN What the citizsns tax payers and
avses would b ,. nsnttss b. the Of either
y s5 e s. e .sIs s,l r.: grant '' "
That the srast Of Tie privileges soasassi in said ~
solution for tsiang sum, with the right % demand
lave obtained million Of dollars for the grant, with
charge upon travellers Of only three cents fare
Psntiss and I'll other lax payers shsbitssss and tn
vsllsrs in ssid city"
That the Common Council II authorised to hold month
ly sesioss, and neither Board adjoura for longer
psrod than three days without the concurnss Of The
csher Notwithstanding which the Board Of dsr 81
4h to The sh) without The concurrence q the Assis
taI: that this pat end TO that menthiy session. snd
1Sth and adoptsd the rssoaton and rant they vsrs
not legally assembled That such resolutOu AID grant
the q TIE Mayor, ~So s.ssssd 70 concur
thsrsin. pseanss sush grant cannot b made without
authority nam NE Lsssssrs which has not BEEN svsa
st,s sewers Of "a oosnss 0cassS ssssu.s s.id =
just nonopcy not witaia the lgsatss possr Of saiA
OUrpoFaNoa or Common Counsel Bssauss 1.-THE Corpo-
:ss ss Il
the povnss Of the exseutivs department. known the
st1sss Dspssmsnt" That shs street = too narrow p
admit Tie establishmsnt Of railroad therein. That
the hallway coastrueted II Vim - psblss nuisases IN
the street. especially injurious 70 tbs plaa&as mat d
Pssibs and the plaintiffs vou b Thereby injured ssd
damaged; and that when sstabshed Il vii iaury
and d =. 2 4. gi.s and ;Ass ? = ss;,s.s
thorissd u.s, and one szslusivs IL it, nature
hat making the grant and adopting tasss lutIoa In
defiance Of the Injunction Of this COURT Illegal
and criminal act AID could confer right the ssn
That the rssoluiios and grant. and the acceptance
thereof BY the grantees Sharp, &o, Of bindiss
for effect and confer pswsr authority whaursf
upon the grantees SHARP, &c. 10 estabiah railroad In
Broadway ne amended and sup Elemental complaint
on bsha Of the PLAINTIFF and AL other citizens and tax
payers and owners on Broadway, prayed for njunc-
ton restraining tbs defendants Sharp and Others from
est.blishi. railroad In Broadway undsr tbs shodty
Of the said resolution and grant The dsf-ndants
swersd the original and also The amended and supple
mental complaint, and DE- nied--
That the plaintiffs tax pagers Of proper.
ty IN the city, upon Broadway and claim
ed that the lee Of the street In the corporation and
that the corporation authorised and 20 wsred 70
make such grant and permit the laying down Of "
in the maonsr they did, and provided an spscdsd
In aid resolution and that the grant legally made.
That establishing such railroad would rot ~
The street to Unauthorized exousvs uss That the
street not too marrow &C. foat such ra1iwsy viii
b nuisanes IN the street. an Injury to 1t the
paints the psbe to the property the street.
That the cjunctisn was issued without autborty and
Void propeg dissgardsd ed dobsysd and that dsobs
denes g II vss not coatenpt ~, criminal OF other
wise The dsfsndans the hsyor, 10 do not dsny that