New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-04-25
THE BRoApwEY RAILROAD.
xnisnctions on the MAYOR md hA
Company Operation" on inc ~-a,r,s
..vr c.or,c Law also Brcaks "ro

~
.Isa,. -, ,ba evening of that day, in the shape Of
;',',,ior Granted by Judge Barbour upon tie
~ >. Jesse A. Marshall and james Murphy
-P, Cor.oid ted Stage Company. During Thurs
~" 'norroop the Railroad Company had employed
- If n en-. about two hundr altogether
ss.osi,e Union square and Fifteenth street, an
beteeen Thirteenth and Fourteenth Streets and
,t;,s in Whitehall street near the Battery. Tie
,a,emert for twenty thirty feet at each of these
tbess pIaces was taken up sufficient width for the
reception Of the seepers upon which the track is laid,
and arrangements had been made by Mr.. Burchill,
,be SUPERINTENDENT of the road and other officers Of
the Company 10 push the work forward night and
day until completed. At the time mentioned the la
boreIs were hard at work, despite the cold north
east storm II at prevailed when the following njunc-
ton was served upon the Superintendent:
SUPERIOR Court or THE City or NEw'YoRK.-The New
Yok Consolidated Stage C0ngany aEt TIE Mayor xaeIeI
and CommonGy Of the City Of New and the New OK
Hsrem RAILROAD CompAny.-lt appears RON .he COM
plant his scton, aud from ID. adavi. Of jesse A. Mar
ss and James Murphy sufficient grounds exist therefor
do hereby oiaer The defendants the Mayor Aldermen
Commonsl,y of the City OF sha III iesoh,
from tynE granting unto the New-f OH ana haIen ha
Company mentioned ard referred 70 "a inc sara com
a. psrt thereof in the or any or either
S than In the City NewY0rk from authorizing IN any
~ sinner The said Newt OK and Harlem Railroad Com
MY 10 Law double track railway In the Fourth avenue
fnSn sou.fo Broadway Fulton street. and hitehal ree
~ IN or either OF them any railway railroad rsoA
hstsyer in ,ad streets either OF them, or ON breaking
sad removing the pavement thereof or from In manner
ohstneting the aid preparatory TO- for the
pee Of laying establishing any railroad TACK OF railway
Anil DO further order that the said defendants the New
YoIk and Hss Railroad Company their attorney or sito
enpoyees w0rkinen and serVnt eth or
any Of them ard they hereby eDoned and restrained
non % s9y a1sa sS. S ssh s
Futon OF in any either OF she streets mentioned
DE complaint heIeo IN any part parts Of The said
se OF in any either OF she preparatory to OF Tor the
tbeIn or rom in any disturbing or interfering with
the carriage way OF aid sees i1IeHupns tho travel
JOHN N BARBOUR,
Justice Of the City OF NewYork
The Superintendent 81 once ordered the IN en- to
knock off work, which they willingly did, as the
rain was then falling quite heavily. Later in the
evening another gang Of men were set at work on
the line of the road by George'Law and the ether
Albany railroad schemers, the object being 10 obtain
the night of way by laying temporary track in an
Icipaion Of the Broadway Railroad bill passing the
Legislature. The points selected were the junction
Of Fourteenth street and Broadway, about ten feet
or more below the point where the Harlem Com
p4nyshad commenced laying their track, and the
Battery shove where the Company had been Of
work. The tracks thus laid by Law g. Co. con-
sisted Of detached rails temporarily fastened in the
pavement, which was torn up for the purpose, no
sleepers being used This act the part Of George
Law and others in forcbly taking possession Of 9
public thorougbfare, displacing the pavement and
laying railroad track, was ths subject Of consider
able discussion yesterday at the City Hall and about
the city, everybody agreeing that there was no law
for 80 doing, except George Law. Should Mr.. Law
=. -. he L.
Council will take the matter in hand and direct the
Street Commissioner to the track that he has
laid and commence suit against him for damages.
Yesterday morning an order similar TO the above
was served upon the Mayor. Upon inquiry our re-
porter learned that this order was most sccommo-
dstin0y granted by Judge Barbour at his residence,
upon the application OF the grantees mentioned IN
tbs Broadway RaiiisAad bill which has for 90 many
week, occupied the attention o. tie Legislature as
will be seen, it is altogether On &c aTH anAif Snd
sr none Of the papers upon which the 0rdef was !
granted had up 70 8 O'clock yesterdess ?. ~, been
Fled in TIE Couit, the presumption is that they are
6led in Judge Barbour's coat pockets. Not having
access to those archives obtained the loan Of
Of tue copies served upon the Railroad Company.
The document gives evidence Of legal acumen, and
shows that the whole matter had been pretty well
"cut and dried" II is printed on blue quarto and
In large type, each copy bearing the signature,
"John NJ Barbour, Justice Of the City Of New
York" The Railroad Company have placed the
matter in the hands Of their legal advisers, who WILL
We understand, make an application at tho earliest
moment for the dissolution Of the injunction. They
contend that they have a perfect night TO the way
a. granted by the Common Council, and that they
cannot be hindered.
Their charter, granted in 1882 BY the Legislature
Of the State, empowers them 70 lay track or rail.
way through Fourth avenue TO Fourteenth street.,
and through any other street Ia the city,
with the consent Of the Common Council
Of the City Of New-York. They have al.
ready a large quantity Of materal-seepers and
rsiIe-resdy aud will have provided sufficient for
the entire line as soon as the injunction ID dissolved
Tie speculators interested in the Legislative rail-
road scheme are furious at being outwitted by the
Common Council, and have expressed determine
ton 10 contest the matter to the end. TIE injmc-
tiou was served on Mr.. Allen Campbell, President
Of the Harlem Railroad Companyi j. G. Buckbout,
the engineer Of the road, and other officers, on
Thursday evening by Deputy Sheriff Ray, and yes
terdsy morning the Mayor, Deputy Street Com
missioner Tweed, and the officers of the Croton
Aqueduct Board. We append the reasons given by
the Mayor for signing the Harlem grant passed by
the Common Council:
BAIoEs OyNcB Few.York April "a, 1859
To hs Honorable he C0mmoH Council:
GEErLksKs: have approved tho Resolutions permitting
the kewYok and Harlem Railroad Company 70 extend the
SnToad through certain Of Tie City Of NevY0Tk"
sense Of duty 10 the public h4S conLtTaned do this
botwhhstsndng my eiknown objections 70 a Bro1dwsy|