The New York herald., 1870-01-29
TIE GREAT BORE FIGHT.
Tho Pneumatic Transit Company Litigation
Application for an Injunction Against the
Burrowers-The Rabbits Show Battle
Arguments Of Counsel Upon the
Rights Of this City and the
Power Of the Legislature.

The legal tournament to decide the rights Of the
Corporation OF this city from
the privileges extended by charter TO the Pneumatic
Tube Company commenced yesterday In the Su-
preme Court, Chambers before Judge Cardozo.
The occasion was rather momentous one, the ques-
tons involved being OF highly important and
interesting character. Already fully ventilated in
the HERALD, the facts OF The case have now become
universally known and the only matter to be deter
mined Is the question OF authority as between the
parties interested As previously mentioned, the
company was Incorporated in the year 1865, their
charter giving them permission to construct pneu-
matte tubes under the streets OF New York and
Brooklyn and beneath the North and East rivers
BUS compelling them to build first an experimental
tcbe 10 the Post ONCE IN Nassau street. On the
ground that no legal right Was vested III him for such
purpose the Postmaster naturally refused the con-
nection TO DC made there. In 1869 The charter was
amended, and the company subnlitted their plans
for the approval OF the Croton Board, and an oc.r
was sent TO examine the works. After probing, dig
glng and excayatlng for some time, that part OF
Broadway under which the operation was being
made began perceptibiy 10 sink. Alarm was at once
made, and the city authorities Immediately SEE on
loot an investigation. Obtaining satisfactory IN
formation In regard To the manner IN which the
burrowing was being carried on, ana fearing lest
serious calamitles might ensue thereirom proceed
ings were instituted by the Corporation to restrain
the further prosecution Of the speculation, claiming
that the streets belonged to them III fee and that
the company had no right whatever to enter upon the
premises In trust without their sanction. Beyond
doubt the most important questions are involved
the rights OF the citizen as Represented by the
Corporation and the privileges OF companies
invested with authority by the STATE Legislature.
AT noon yesterday the matter came before the
courts. The Corporation Counsel, Mr. Richard
O'Gornan with whom Mr.. Algernon SULLIVAN,
applied Tor an Injunction enJonlng the company
from proceeding with the work. Mr.. O'Gorman
read the complaint OF toe city authorities already
published III tue HERALD, and tue adavit of MIR. -.
Dean 10 the effect that ne mad examined the cxca-
vasions being made at broadway ana Murray ssreel,
tnat the company were stli Dnrfowing and that the
tuoes ueng laid at the rate 0 four feet per aay
without any PERMISSION Whatever from the cisy
authorities.
Andauts were then presented in benalf OF the
company-the aiildav!ts of A. W. Craven formerly
Lnei Engineer of Jne Croton Board; ;. ID. Green
Iiolyroyd Miller, engineers, the effect that
tne JuDe was all outer CASING, eight feet ia diameter
eight inches tnck. ol BRICK work sheet IRON, 10
interior diameter OF 5l.l0 100 incles, and Two of
sixteen inches; That the method OF constructing
was sale ana economical, ana caused little disturb
ance III the street, and the plans were submitted
and approved Ny the Groom Board ana Executive
Department Oh the city. The aiildavits further
stated that the tuUe was IL y lect below the surface
Vi TIE street; that tie r0adUed OF Broadway
point mentioned was 433a feet wide, the depth TO
water ~ leet incDe5, giving cross section Uf
SPA feet, Of which the tube occupied o. water
main and water pipe, with two gas pipes less than
iecJ. separate atldaylt OF Mr. Beech disputng
the citys caitn W the ownership ol the streets.
Mr. OGornan, OIL behar Of tue CITY authorities,
opened tue case py stating tnat the real question
tnat would be submitted 10 the Court was one Of
grave ana increasing interest, as IL involves ques
ton as To what the rights oil the Mayor, Aldermen
and Comonaity OF this city had in the streets OF the
city oi New York. or whether they mad any rights aL
All. The afldavlts presented, AS ne understood
them, implied the sanction Of one OF tue executive
departments OF the clty and 1t might be argued from
thai the city mad waived lts riRnt 10 The object or
this proceeding. The answer To that was very sim
pic, ana was really conveyed IN the answer WHICH
the Postmaster sent when ne refused 10 assent to
tue proceeding OF the COMPANY BY law he haa no
right to assent to IT., ana his answer was Il
proper one. 1t was precisely The case with ths
Croton Board, whlcn had no authority what
ever to any waiver oi the rights OF the
city. Tue duties OF the Cro5on Board were confined
10 controlling the sewerage the grade and the water
supply of the city, out IL nad no more right 70 waive
the Claims oI the city tnan q street sweeper on
Broadway. The ailidays led To the CONCLUSION Ihat
Ia The prosecution OF this work no serious damage
was done but tnat dd not III the least affect Tie
ture rights VI tue city nor was II now known wnat
serious results might elsue from the present opera
tions. The allegations tDat tney had coinntteu the
Illegal act wltn AS little mischief as possible up TO
The present was no argument at oil, and the opinion
that there would DC need OF this epace
pubic use was not entitled to any weight, as the
necessities could not SO reaay be anticipated The
ice oI broadway was IN the city as wen AZ thaI of
the other streets, IN trust to keep them for
use and public street, but encunibercd
Win no trust they were as absolute owners OF |
the fee as any Individual trustee. 1he case was ato-
gether new one. In cases where raiiroad CON- |
panies were concerned all they claimed was tue |
transient right ol passage here permanent occua-
tioh was demanded. Counsel contended that 10 ms
case the company did much as II tney took pfl- |
Vatc properly and applied 1t III violation or tue law
aud Of the constitution, ana proceeded 10 review
the title or The city to the property In question: IL
was vested IN the CITY by the aY OF 1915, subject To
The Obligation and Tie oniy oulIgatOn, oi using IL
rs pubic street FOR ever. 1iie adjacent owners
had a certain amount ~ pay. ana contract was
iphcd between them anu the city authorities, Tor
which ele i0rmer practically paia, ana Tue St~e Leg