The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-08-27
RAPID TRANSIT CHECKED.
THE BUILDING or THE GILBERT
RiILROiD Forbidden,
A Perma mont Injunction secured bv the SIKH
Avenue Compnny-Judge scdewick's De-
cision-Thc Charter Unconstitutional.

A Perna mont Injunction secured bv the sikh
Avenue Compuny-Judge scdgwick's DE.
cision-Thc Charter Unconstitutional.
Tho Sixth Avenue Railroad Company
obtained temporary injunction from the Su
perior Court about two months ago, stopping
the Gilbert Elevated Railroad Company In the
work OF erecting an elevated railroad in sixth
avenue. The case was argued before Judge
Sedgwick, who rendered decision Yesterday
granting permanent injunction, on the
ground, principally. that the provisions OF the
RAPID Transit act, applicable to existing corpo.
rations, are unconstitutional He says that he
defendants claim their right to iuild the road
under the act Of 1872 aud amending acts. passed
prior to the constitutional amendment OF 1876
and that the Rapid Transit act OF 1876 left the
franchise untouched, and only imposed on de-
fendaDts new duties, rs altering the structure,
described In the original acts. But the forty
fourth section Of the act of 1876 binds all COM
panies 10y the restrictions and limitations Of the
acts under which they were organized and
II was not for the Commissioners TO
determine the structure to be adopted by
existing corporations. Tho restrictions have
beer made by Law. From the construction
given to the forts first section. 1t would follow
that It was unlawful to use the middle of the
street for defendants railroad, but IA the point
was not insisted upon at tho trial, he pq sses to
other aspects ~ tue case. His Honor next dis
cusses the constitutional amendment forbi l.
ding private and local railroad bills. He says
II Ia true, rs claimed by the defendants, that
the amenomen did not repeal their original
charter But the Legislature could not viol1te
tne amendments or bN any mOdinr atoms ~ ant
any corpor ZION rights that II had not before.
The act of 1877 authorized tubular railroad on
arches, spanning the street from curb to cur b.
IA
Could any corporation violate itI Tho fr N
chise granted was the use II the street In "A
particular way, the pillars to be Gity feet
apart. The Lcgislnture might modify tn fran
chise as To strength materials and motive
rover, which would not result In another use Of
the street The defendants rely on the commis-
sioners' requirements for "a rieht to erect verti-
feet apart. But this would not be the line use
OF tue street. He Is OF opinion that the Rapid
Transit act grants right different from that
limited hy the original acts. He thinks that the
act as IL stands u against the provision that no
private law shull arant risht to lay down rail-
way tracks. II. as the defendants claim, the act
Intended to give them power to bald on up-
riRnt posts In the MIDDLE Of the street. It is un-
Constitutional. The row OF posts on either side
would clearly limit the SPACE thaf the pl latn IFS
are entitled To use under their charter. for
swi'cn a, &c. and would Iuse them peculiar
injury.
1he Gilbert company intend TO carry the %; Sc
TO hishei court but, should The Goal dccisip N
be az .iust item, the seventh Avenue kaiilued
L 'mIany could GO nuel tue removal Of the COM
nlcied structure wnich covers their tracks in
VI est lhifd street. Indeed the de- I on, suS
tanned. would ,Acctuali, rain the Gilhcr, enter
prise under It's Iics,ht ch rtcr. or any other.
without radical change IA the ri Of str &C.
ture.
The GILBERT structure Is completed In West
IhId street II, S'uln Fiith aNeuu. to
WITHIN twenty hvc feet # Sixth avenue.
wrought iron columns. lUxi2 inches, formed ~
CnaLutl beams ana wrought iron plates liuhrd
together, sustain the tru-scs upon which the
road bed Is Iaid. Ihe columns .re - feet apart
and 10 them are fas ened Hight but strong
Tusses Of the Ordinary fridge form, each gtI. r
unteed to sustain 1000 pounds. Cuon to
trussss cross beams are laid to hold the track
strineers. Oruinnry wooden ties were TO bo
used. and lOngitudio beams laid outside
the track, so that, II the car wheels jump, d
the rails, there woulh siill be something to
hold them. ID gon giruSrs prevent the trusses
from :. reading over II Ihe structure looks
like "A long briuce. ~ d the ttu-ses, which reach
up beyond the road bed, a. sist the likeness. The
street Is hHed with u, chrkening the houses and
dispeaslue tue residents; Tut "a coat ot Iinhish
yellow pa nj now covers the iron and makes u
shght imlfuNemruf. PANT n have been txprrl-
mcnting with separate ptII-, piintin. one iight
chocolate, another n hsnt sr"y, and anotntr a
Nellowi-h rsd color, SO that N decision Nigh; be
made az to what color was DeSt.
Inc Gilbert company had not decided
whether - make u sharp or an easy curve at
South FINN avenue and West Third street. 4
baig In W,Is tending with the owner OF a corner
building that, unless IA shafp curve were made,
II .nds IN the w. iho worh l. hcinE extend j
down South Fith avenue rapidly. Already the
foundations have boen lad to Broome street
The route u the road Coniau,s down Soulh
Fifth avenue ana Wet Bro .dNay to Murray
street, thence to Church street., GreeuNicn
street, aud the Battery. Up town from Nest
Ibird street, the present coulract ex.cuds only
10 Forty second street.