New-York tribune., 1876-09-02
I,ETTERs FROM THE PEOPLE.

rIvo RAPID TRANSIT DECISIONS.
,,,oov sKnowICK AND JUDGE VAN HoksES hhAoh
7 THEIR CONCLUSIONS UNDER DHfkA1Ni DHfk
UTEs.
70 the Editor Of Ths Tr'o""'
c. rho vacent decision of Judge SecgwlcK
-. 60, 40 casa has been commented on as ueclS-
.o, An conflict with thst Of Judge van hoeseh' ~ uo
Cmnon Pleas I'm the Nnth-sve case ms Is an oiioi'
t.ot an one point the decisions are unuer TWO en-
h1oeP =, totntes and there is conflict whatever
between them -, 49,
IT, tho Nintbaye. case the charter powers OF the
,,a,,d road expired by limitation In 1873, after the
ad had been built to Thirty rsst The company con-
tended that their charter was revived ana tne
extended and continued by special act passed lor a'
nrpose in 1875 under which the road has been po 70
sixtyfrst-st This act the General Term Oh 'ne
pleas pronounced unconstitutional not for the reason
which had been assigned by the Special IerIn' ths' "
as informal in its phraseology, but for new reaso
which the General Term discovered, that u was nc"
orant to railroad tracks in city. thing which Ine
stitution had just prohibited Judge van hoesen & S
binsef hound by the decision OF the General Iern u
not discuss that question but ccncedng that ne S ~
far rs it related 20 the operations OF tne rSSd never
Thirty "A rst-st was void, dismissed the complain. T 4,
thee:s ON ground that the injury Sy the
any-whch he strongly denied1Was only
could sue This dee sion practically dlsposes VI S ~
.en @ cass anu - 1Se battery both Of which remain unde
cided in that Court, and will probably ~ oe'eiHAeu "
October = ao,aos cnaa, tha "a rusted
AN entirely different act from that JUST "
he Iherf road was chartered In 1877 Dy an aCt Wch
eDecally prescribed the form ana cnaEactor VI ne
ture 10 Be built The road which the company are now
hnIdnS rs NOT the prescribed by that act nor
s N claimed 10 but 1t Is the structure prescribed py
tue commissioners under the Hustled act passed IN
1875 and the changed structure is ciaIMeu Mas os
only authorized but required under the 36th section OF
that act points decided by Judge SedgwlcK are w
that the 4lst section of that act removes tne dhDer
road from the operation OF the Seth section ana requires
be built in the form prescribed ny tne aS'
OF 1872 2l il IL does not, the 36th section Is yold
BECAUSE while the whole Hustled act Is general law,
this particular 36th section virtually confers speea
that section general but special law which is pro
hbited by the new Constitution and finally, ne DECIDES
upOn which point alone he is In conflict with Judge an
Hoesen that the sxthaye horseca6 ar eSa1 hs
by this unlawful new structure, and Is therefore ehtied
have thus stated briefly, but hope clearly, all the
points in both these They snow taken ogstner
vision which fOrbds any legislation to meet the wants OF
the City of NewYork that does not apply 10 Cattarus
County and all other parts OF the State as WELL Mhe
have disposition TO interfere with the prerogatVeS "
rapid transit, and their sovereignty over theI own
streets Of the deepest concern To the people, ana
so long they remain the power by which Doh o0nst
tutiOns and judges made and unmade tney VIII not
hesitate investigate the work Of their own hands and
they find they have been led into CONSTITUTIONAL tous
which etter their interests and threaten their right they
win not be slow 70 ind the means and measure OF TO
dress ,.---.,,.
Il only remains now for the Court Of Appeals to settle
these constitutional questions, which it Will no doubt DC
asked early 70 do. Meantime the New York Elevated
far advanced and no doubt the Gilbert Company win
proceed with those portions OF thet road not urder IN
Gmetion II - ...-r. ..t-f ..,r. .-# c.
1eo- York, Aug %, 1876, ..