The New York herald., 1870-01-28
THE GREAT BORE FIGHT.
The Pneumatic Transit Company Before the
Courts-How Broadway Staggered Citizens
Rights and Companies Privilege
The Mayor on the Qui vive-Mo-
ton for an Injunction-The
City Claims $lO0,O

Not long since the HERALD exposed the IA Ct that
was perceptlbly sinking. The announcement natu-
rally created some alarm, and not o little anxiety
was manifested to ascertain the cau.e With his
usual pr0mptncss and observation Mayor Hall ap-
pointed commissioners to examine the underground
operations Of the Transit Company, to whose bur-
rowing propenstics the shaky condition OF the part
OF Broadway referred to was attributed. Vested
with full authority the commissioners entrusted by
the Mayor proceeded TO make the apparently much
needed examination. But the superintendent of
the company refused to allow them TO inspect the
works, referring them to the Croton Board for any
explanation that might be necessary. No satlsfac-
ton whatever was derived from that quarter and
with some evasiveness the commissioners were
informed that the Board could deal only with the
Mayor In the matter. Upon this inquiries were
at once set upon foot, but the only information that
could be obtained from the Croton Board, even by
the Mayor, tnat OF the officers Of the Board
examined the work daily and pronounced It per.
fecty safe. That announcement, however, served
but little to alay the excitement when subsequently
there appeared In the HERALD q full exposition Of
the plans and purposes OF the company and the
methods about to be adopted to carry them out
Acting under the knowledge and beIler that the
work was being carried on in contravention OF the
charter granted to the company and that serious re-
suits might arise from the manner In which they
were progressing Mayor Hall has requested Mr.
Richard O'Gorman, Counsel to the Corporation, to
apply for an injunction eDjolning the company from
excavating the soil beneath any reefs OF the city
and from constructing tunnel or pneumatic tube
ana that the street mentioned he surrendered ana
restored.
The following IL copy Of the complaint
CoDuaonany q J,e City Or Ae,c FORK Us. The Beach
Pneumatic transit tcfnpaRp.-The plantins com.
plain and alege:-
first-Tnat1the plaintiffs are municipal corpora
ton, having ana exercising the powers conferred
upon them by their charters and the statutes oi tho
state prescribing and defining tho same, to which
they refer az part OF thus complaint
Secoad-That they are the owners tn fee OF that
certain parcel OF land in the city New YORK, being
public street therein and known AS .'Broadway,"
nnd are now seized and IN possession thereof.
Thtrd-ihat The deisndants arc q corporation, fn-
~ canter ~ os tbe " laws OF Jsss and s snown 10y
anendatory thereof for the purpose OF constructing
q certain pneumatic tube and conveying letters,
packages and merchandise thereby.
FOuLt-That the said defendants, without lawful
right or authority or permission Of the plaintiffs
heretofore have entered upon the SAID land at tine
have excavated under said street large tunnel
eight feet IN diameter, extending now In soutberly
direction toward Murray street 100 feet or there.
abouts, ana arc now continuing to excaynte and
remove tue soil OF said Broadway and construct SAID
tunDel NJ tue rate Oi apout IOur Inea feet day
Fylt-Tbe plaintiiis further aiiege that by reason
OF the excavation OF the soil under said by the
defendants and the occupancy Of the tunnel 10 con-
structed by them the paintfs are and forever Will
he prevented from using that portion or said land
Tor the purpose of constructing sewers or laying
water or gas pipes, or for any other purposes for
whicn they nave awful right and authority to use
ME space beneath the surface OF public streets the
plaintns therefore allege that they have sustained
damages by reason OF the acts OF tho defendants
Aforesaid IN the sum OF $i00, ,001 and that by con.
tlnuance OF said acts OF the defendants they will
sustain damages Tor which they nave no adequate
remedy At law.
StItt-PiatnfifYs therefore demand Judgment
against said defendants for the damages sustained