New-York tribune., 1866-12-04
TIE NEU- YORK AND WESTCHESTER COUN-
TY RAILROAD COMPANY


TY RAILROAD COMPANY.
The and weehe.ier County Railroad Company
Organized under the provisions Of the General Railroad Of 1880
By this Ioyon made Tor the Incorporation Of number Of
persons less than 25 purpose constructing
maintaining, and operating nlroad, etc
The Company claim their Organization effected 10 1889 and
that proper records Of this filed the office Of the Secretary Of
State The following from Section a. subdivision s. s claimed
giving authority to the Common Council in the matter Of the above
manioned road
Nothing hi. shall be authorize the
sny bridge auy any
O. ske nlvsaei by 'abos at the place where
construction any railroad already located n
Pof,ion of sach oiy
a, tho Company applied the legislature for char
they unsassfaL The Common Council Of this
city passed the following Dec 49, 1854 whsb nppro1elb by
Mayor olnher TIE same days
HAraL Tie NewYorE ard Woseie,r County Railroad
pny ~.fe ~ Ile =, un6t vLeh hey incorporated author
,s, 'f 40 10 x, civ q % Is, S.Jo Giermsn and Com
m9a.ly Of ~ c,; uay consent to and P,imii,
le 20 nas the number Of railroad cars propelled by honepoWer
WAosaI Tue New Yors and wsseheer County Rrosd Com
pny h ad % eIiend their railroad such manfer to sfod
Adsnss snd C5mmonsy of ihr CITY q Sew.Yorl
r,t9a = ssy aigd g ne Hsw Yors ED ws;'ss'i,' &, T
san,f1e and snsn double aTe sss Of rails ho@ hHie@
s,ans q kr,dss9 ,hsnc, BY double ti,et Of rails through
knsrds. Homn roads and Broadway 70 fy seventh
-, ,,'1es through M A .,"sa5 r,ssr.y Fir 20
,lssre tio1sh Irving Pace Foer,ses theuce through Fou
,se s,ss.h boW' S;r so"5y ,.S h'Ts Ps,, s''sts b.
W4ss s'ai 4. sfd ttro1sh WhsbsIis- . soath Tsry
ey ;q,s ,.s 'sgq Bs'd.t & from PssI 70 S ws,s5,, ,
Fuiort from Ferry by double tfsci. vita >
nss,'',y h,, 'nd i.noai' ior ne Ses,rgHi ,f',sa -
and comfort Of p.uss snd % r1n tte ame . on " the plou
ased the Of The city Ihe remaining
The eontuaetion and rannins Of The road
The L.sanTs ps,,,i J,nusy % 1850 tho following 'e
In tf rlfF
Of ,he Session, Laws Of that year.
srcrios Il shell lawful hereafter lsy construct
S2,rss ,Ssss a., ~ % City f SswYors w1srsSe .oe6 r.o,d
,o@msas Or ,sd ;.rg' under ~s IG,si x. so l
may grant and provide Tau 9a lH Hoi Be dsen'f 20
Gg asis,issd nor hal be hsdo imp, any any
valid grant ensto RAILROAD IN .d CITY sr'tns on h.
lot dy January 1900 Al acts and parts q acts neon'ten' with
~. w.. e. s' s. s.reo} ~. .sFs...d l., a..sI.,.ly
For any but hwy,r would certainly difficult to eon'true
M this into the bldng any railroad without special
grant from L-satlre The claim that their orAnra
lion va. Effected 1889. sdmns this tru. their
road ne eoaraefe8 duly aaois,d| The company 10
tue lad few rail, in Ianoyel.qlaIs in 1855 but injunction
speedily brought their Wofk to a close.
uwb be remembered this company began the laying Of rails In
Bfooe and Pss.s wedns'iy night and Thursday morning q
Last e. and stopped by the police On Friday
NJ con Leland che dc,ou Of the company had in
ryew with Superintendent Kennedy NJ Leland stated that tie
company chosen the tine mentioned foF their work
for the greater convenience ofhe public lie wished know the
eompsn, would by the police should they lay the
nes In tbs day Kennedy assured him Of noninsrenee by
the police advised that the wok be not resumed m Monday
On Saturday M Kennedy nohd the property the line
ohe proposed that the company would beHwOs Monday
and that Ghey wished the stopped they ishe acton them
The property Interested held sein: yesterday At
| No. l!0 Pearl-st
Mr. Roosevelt yesterday morning by hs counsel Joseph DAILY,
on behalf end behalf Of all other persons In interest who
ait and join IN tho Of the prosecution applied for
an Injunction restraining the N-yyYork aud Weheste County
Railroad Company from laying the' tracks in 'hs streets city
Mr. Roo,eyts application shows that "ihe New YorL and We,t
siosd Act cfb state pa.,sd iph o and ho .c'' smenda
tory thereof and supplementary s ~ @ a ~ y ci IN
the State Of New Hos shall permit any haIGad Hopy % ,
railroad and ends IN any 'ueh city without me
consent thereto o. %so{ ,o5 ~ T. 10 be eon.,Tced S., had
obtained that December ~ 1904 the board o.
NsrYori and Wschss,er County Railroad Company to lay con
,!1n 1nd % sHS5 t,1d md and .sn tie
ordinance 10 the Board Of Counemsn for concurrence on .h
n dy the Hoard Of coanclmsn sdoptsd sai ordinance
I y, q, H. M,vor Tor ,pprov,i but such adoption
sending consented TO unanimously by The co1nms9
tna aver, ths, ssd ordnance absolutely void because
ad upon by Common Council the same DAY
BY uninmoe, consent q al The usges pce7. d Nv IN.
and ws.!'hs;sI Comfy s;rSsd @ o S b. " that nat the
Of the property Of them along I the ss. ITs s,S o. sns 5
obnsd before The Common Council passed ordnance snd
obtained said property vii never con
canSo tsS1 10 .1S coaSi W.. Sa an Gdon violation
And panh also that by several acts passed Aprh ~ 1901
Of iork suhofled the construction
Of raIoAdcks by other companies In whitehall Fulton
teenth other streets IA the City Of Nevi io and proh3rd
Council City Of New York and the hayo Alder
and Commonaly om allowing any COMPANY claiming 70
authority the General Railroad Act OF April 1850 construct
sny alrosd named streets, and declared any
se done eontrsvenon thereof should be rotA and said
s April H. 1850 full force the time OF the pssssge o
ordinance Of December 2s 1854 BY the Common Council s,
the Of such law the Common Council BY t Iesoon
the Yok and Wescheer County Railroad Co IS 70
such streets and this being void yAted the WHO'S ou
nance efe follows Of the damage which Wowa es'
20 by Iod Wherefore tho plaintiff prays the Jads
ment Of this Court, &c. ... -.
| JosEPH T. DALI Plaintiffs Attorney.
papers Hon Geo O. Barnard granted preliminary pune
ton a. prayed reuTnabs third Monday u December
ocoek al the Special Term Of the supem" Court
This served O'Clock yesterday afternoon on
Kskeeh the President Of the and the ioeen IA
charge the wok Of tearing the and laying inc
PeA, instantly stopped aud the Aboefs packed
| up sheir tools and went away.