The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-02-17
Divided COunsels on the
Costigan Bill.
PROBABLE DEFEAT OF THE MEASURE.
Mayor Wickham the Cause
Of the Trouble.
THE FIFTH AVENUE PAVEMENT.
Important Action as to Rapid
Transit.

The principal topic OF discussion here tonight
among the politicians Is the Costigan blu and It's
probable fate. From what can CLEAN in relation
thereto it Is clear 10 my mind that the bill will now
be defeated base this calculation upon CONVERSE
tons with number OF members OF both houses. 1t
10 evident that Governor Tilden is opposed to the
measure, and that opposition must result In total
defeat. 1t IS also asserted that Mr.. seymour and
Senator Herman are with the Governor In TINS
contest. Several OF the Tammany delegation.
however, assure me that there IS no danger, and
that all Will be clear sailing when the Dill comes
mp Tor third reading.
ARRIVAL OF MR. hoRRIssEY.
M John Morrissey arrived to-day and had an
interview with Governor Tllden The nature OF
his business has not transplred, but II is presumed
he is here as one OF tire peacemakers. There is no
doubt that Governor Tilden feels exceedingly sore
over the treatment he has received IN connection
with the bill. Although measure or great I'M
portance as affecting his gubernatorial power, 1t
appears that he never was consulted as TO It's
PROVISIONS the philosophy OF It's introduce
ton. Hence the main points OF objection.
SILENT JOHN KELLY.
Where MT. John Kelly stands-whether for or
against the bil-nobody seems to know. have
asked several Tammany members, and they ex-
press entire ignorance on this point. AT the
Saturday forenoon meeting OF New YORK members
it Is said he never gave token OF his opinions one
way or the other. The pill am also informed,
drawn by Mr.. j. II. Strahan, at the dictation OF
mayor Wickham. and 1t is now openly alleged that
the latter gentleman never consulted Mr. Kelly In
relation thereto, and mas emphatically defined his
position as being mo mans man."
DIVIDED TAMMANY.
These are mere rumors but, If true, they in
dictate very decided division among the Tam
many leaders themselves. Then comes the asser-
stands, il Mayor Wickham only discharges his
duties properly. He has power OF removal for
cause, and legislators insist upon an exercise OF
that prerogatve, particularly in the case OF Comp
troller Green. Assertions are also made that
charges Can easily be substantiated against
Green. Afterward, II the action OF Ma'or WICK
ham Is not approved by Governor Iiden, then the
people Will Know on whose shoulders to place the
responsibility of retention In oiiice OF a man
whom the citizens OF New York bitterly op-
posed to. This IS the subs ance OF the discussion
among the members tonight
CHANGE OF PROGRAMME
II was arranged that tomorrow Costigan's bill
should be called up Tor q third reading; but this
programme, am niormed, has been changed and
the matter deferred to more favorable opportu-
nifty. This looks ike backing down.
THE LATE CAUCUS.
At the democratic caucus held last week there
were sixty-seven members present. strong
resolution was there passed empnatically binding
each member to support the Costigan bill as
party measure. II IS singular now that several OF
the country members with whom conversed to-
night who were present at tbs caucus. declare
they will not vote tor the BILL The fact proves
shat some strong elements opposition nave been
at WORK in the meanwhile.
GREENS LOBBY.
Green's lobbyists are still here. Mr.. Charles A.
Swan has not let Albany Tor several days, and
may be daily found on the moor OF the Assembly,
anu at eve nngs around the nails OF tne Delavan.
lie is evidently watching every move In the inter-
est oil his friend Green. Letters and dispatches
have been plentiiuily transmitted 10 John Kelly
rms evening. apprising nIn or the state of araIs
and asking MIN TO come up TO Albany. lie Is eA'
A GIGANTIC FRAUD uNEARTHED.
Statements have been made To me Ia rela ton
TO the Greenwich street Elevated Railroad Oil,
now before the Legislature. when, II true. VIII
warrant a care!u SC uting oil that measure and a
thorough overRauhng oits PROVISIONS. The Dill as
introduced, some lew days since, py Senator
the Assembly. doubt very much whether those
gentlemen are oil the gigantic railroad oper-
ATOMS when this enactment proposes 70 control.
The iacts, AS related 10 me, are as iollows:-
The Greenwich Street Elevated Railroad Com.
pany was chartered In 1865, under tue title, IAN
act 10 provide Tor the construction oil an experl-
mental nne oil Runway IN The counties OF New YORK
and Westcnester.n several SUI Elementary acts
were passed, further regulating and empowering
the COMPANY. They were originally Authorized 10
commence tie construction OF an elevated rail-
way IN Greenslcn street for hall mlie and no
more an experiment. Three COMMISSIONER
Freeman }. FItulan, John III. MOTIFS and jacob A.
Freer- we're appointed under tae act 10 examine
the road and report on Its feasibility before pro-
ceeding lurtner. Two certificates we're nle1 By
these gentlemen, IN accordance with the law-one
VITA the Governor and one with the Maror-cer-
flying as to the safety and validity OF
tne work. The Governor approved OF
OIL the Score Lary of state. 1t appears that IN tue
year loIl the road became embarrassed and was
sold. The purchasers organized a new company,
and now claim 10 possess all the rights ana PRIV
fleges accorded TO their predecessors. Here
comes the first ana man ditncuty. 1t rs asserted
that the new company mas no flgnt Whatever ia
the premises, and SUIT has oeen brought 10 re-
strain 1t from proceeding VITA the work. IL IS
alleged IN the Complaint hat although tie time
TO extend the r0ad has long since passed and tue
authority for further construction has lapsed, the
company now proposes 10 take up paVeblents and
sidewalks the westerly side oil ca eenwch street
for building purposes. me property holders on
the line OF the route nave commenced suit winch
Is now pending.
Ine articles OF association under which this
company proposes 10 act seis iorth the most ex-
traOrdInary provisions. 1ney come before tAe
present Legislature, IL Is alleged, seeking Tor laws
TO legallze all previous transactions, aud csaier-
ment. Inc principal stockholders, some OF them
prominent railroad spectators, are as louows:-
hessrs David DOW, DansoTth n. Barney, Ashel
Herman Barney, Ed yard c. Dclavan, Harvey
Kennedy, John Howard Corning, Francis ID. 1or0s,
William L. Oakey, Jonn D. Marie, George Z. Martin,
Charles Tracey Barney. William n. Goddard, VII
ham L. Wallace, Henry W. Taylor, Augustus dull,
James X Corning. George u. Marvin, Csarles II.
Marvin, 4. II. Marvin, Daniel ". Wyman, Fred
erick A. Foster, A. q. Barnes James X Jessup,
wlilam L. scott and Milton Cartwright.
II the present oil passes II Is urged that these
gentlemen VIII have the right 10 complete their
road from the Battery TO Westchester county,
and thence TO Putnam county, ana also tue eX-
traordInary privilege OF laflnr down an Innumer-
able number Of crosstowp tracks. from the North
20 tue East River, TO the extent oil about 100
miles IN length. The amount OF capital STOCK IL
set down at $40 oo0, OO0 ana the NUMBER OF shares
1U0 600 at 800 each.
THE BILL BEFORE THE LEGISLATURE.
The main points Of the proposed enactment
introduced IN the Senate and Assembly 10 not at a
glance specifically point out what can be done ny
She company IN the event Of passage. IL Is emu
sled
An act nfrming the New York Elevsfcd Railroad
Company in Its title 10 its franchise and requiring 1t
comply with existing avs
us provisions may thus 10 SUNNI arzed The company
having acquired the RIG ana franchises OF the West
side nd Ionkers P16nS Railway Company a. fully
confirmed in the same, rcscrvng only TIE equitable
remedies pertaining " creators of the