The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-05-04
RAPID TRANSIT.
The Defeat Of the Hustled Bill Con-
sidered Unimportant.
OPINIONS OF RAILROAD MEN.
Work on the Elevated and Gilbert Roads
Still To Go On.
COMPTROLLER GREEN IN OPPOSITION.

i
The defeat OF the Hustled BILL whereby 1t sought
to accelerate the building and extension Of the Elevated
| Railroad without the necessity OF the company at
every step entering into costly and tedious litigation
to repel the OF nunctons and other legal annoy
ances OF similar nature, At the FIRST looked upon
by great many citizens matter OF grave import
| 1t was imagined that the throwing out Of this
bill would prove fatal blow to rapid transit in this
city. II will be seen, however, by the interviews had
yesterday with prominent railway onlcials and others
the proposed roads aud extensions
| which are published herewith. that they arc look
| ing forward 10 serious complications aris
| ing. They would have preferred that the
bill should have passed. as It would by It's terms have
| fully and decidedly prevented any such unnecessary
aud vcxatious delays the completion Of the projected
| rapid transit roads will likely arise from the
avalanche Of inunctions that likely 10 be umin
ated against the companies Both the Elevated and
Gilbert roads have all the powers they require to
out their plans, and although much time may be lost
legally concsng with opposit'onsts, yet both roads
will be pushed toward completion rapidly possible
The Hustled BILL had II become law would have been Of
Immediate service to the Elevated Road, rs It doubtless
intended to be- for II would have enabled the COM
pany proceed with Their works beyond the
possibility OF stoppagc by injunction or other legal
technicalitics With regard to those pending in
the courts successful termination is expected by tho
companies will be by the remarks OF ex-Judge
Emott ana others given below. That the horse rail-
road companies will continue to throw every obstacle
in the way OF the rapid transit lines there every rea
son to believe, but that they viii nnally succeed
in thwarling the wish OF the people Is not
anticipated The President OF tho Sixth Avenue COM
pany gives his views the question: but dcnles hav-
ing been concerned In any attempt TO use money at
Albany to defeat Mr.. Hused's 1t however
appears TO be the general impression the HERALDs
despatch in reference this point
The President OF tho Thrill Avenue company, and
also the Secretary, among those visited but both
these gentlemen declined with the HERALD
reporter at all. doubtless being avcrsc TO tell their
opinions what they know shout the tactics pursued
at Albany
TRANSIT COMMISSIONERS VIEWS.
! HERALD reporter called on one Of the Commission
ers appointed IN July last by Mayor Wickham. The
gentleman, while unwilling to have his name used,
gave his opinions the defeat Of Husteds bill He
could that the failure OF the bill would In any
way affect the completion or rapid transit The
mission of which he a member given tho
power to select tho OF road and the plan of
construction. This they did selecting the Sixth
part Of the line, anu the plan OF the Gilbert
Elevated Railroad Company, with certain modiica-
tons, the most efficient. They wero also
powered TO make certain to the New York
Elevated Railroad Company uncer certain restrictions
SO as TO with certain ferries and steam rail
ways. The restrictions prohibited extension Of the
and consequently their only recourse the
Battery Park and separate line up the east side to
Third avenue.
According to tho new clause or the constitution,
however, which adopted previous to the granting
OF this power 10 tho commission, the consent Of
jorty OF property owners along the line Of any pro-
posed road was necessary to It's construction
with tho proviso that the Supreme Court
mssIoncrs whose decision should final In accord
with this law canvass Of property owners along
the line the proposed extension made, and tho
majority opposed it, Application then made to the
Court, and a commission appointed by It. That COM
ieralizcd it. The proceedings have been regular from
the beginning and guided by abc counsel to guard
| against danger Of litigation.
GENERAL HORACE PORTER,
who Is largely interested in the Gilbert Elevated road,
was called upon and gave ~ as his opinion that
that company. Their charter ante dated the
proposed limo Of the road, ana il was, they
concerned, post fdcfo All opposition TO RAPID
and not from property owners They claim an exclusive
right to carry passengers the lines of their roads,
and II their charters are SO construed we cannot run
line Of cheap cabs omnibuses No such construc-
ton. he thought, could be sustained. II was simply
the old question of the turnpike and railroad which
granted by Judge spelr will be argued this day
week before the Superior Court and the decision will
seriously affect the question OF rapid transit Should
the injunction be removed will give lie and energy
to the enterprise If not, and 1t Is made permanent,
the whole question of rapid transit will sumbcr for
from i've to eight years AS would take that time 70
reach the United States Supreme Court
sEcRErARy JAMES A. COMING.
reporter called ut the Office Of the New York Ele-
waited Railroad Company, No broadway, to ascertain
the feeling OF The manasers OF that company concern
Ing the defeat OF the Hustled bill The first gentleman
addressed was Mr.. James A. Cowing, secretary and
treasurer OF the company.
the defeat OF the bill have on the work now progress
on your roads'
intend 10 prosecute the work as before We have loo
working steadily between the Battery and Fifty
One OF them will be n mile long-the one at Eleventh
strect-that Is, there will be complete double track
running from Eleventh TO Iwentyfoursh street.. on
Greenwich street and Ninth avenue There
wall be another turnout at Thirty-fo
street, another at Flitcth street and one
at the Battery. With these will be able
twice many trains wo have new dummy
completed, and two more Will be ready in short time
There are also ten new cars building for us.
REroRrER-But what eject will the injunction at
present existing havcy
Mr. CowIxG-Therc are only two injunctions at pres
cnt-tho the petition OF the Pacific Hotel pro-
pricor and another procured by man named Spader,
which delays our work on tie Battery. spader's in
junction Will come up for herring on Monday, at the
Special Term OF the Superior Court and have every
reason 10 think that 1t viii be dissolved.
sage Of the Hustled bill Z
Sir CowIxa-why, certainly 1t would have done
away with great amount of tedious litigation but its
defeat will In no way deter US from prosecuting
work, for we feel confident that the people and the
press arc with US and as wc are assured by eminent
counsel tho law also.
REroRrER-Judge Days decision was rather uniavor-
able thoughy
MI CowNa-Yes, but the best legal talent think that
Judge Daily made mistake this time, though he is
highly honorable gentleman and learned in the law
RgPoRrER-Mr Cowing do you believe that the
horse car companies used money In Albany TO defeat
the Hustled biliy
Mr.. cowiSG--I have no doubt that money was used
but Of course have no positive proof to Offer and can
say nothing definite about IT; my impression that
point however, remains very strong
A.
Mr.. Milton Courtwnght tho President OF the CON-
pany, was next spoken to- Mr.. Courtwright's state
Incnts agreed every particular with those made by
Mr.. Cowing. He said tho work on the road would
doubtcdy be prosecuted and he did not expect the in
functions at present existing would amount TO any
thing
why" said Mr. Cartwright eve have been served
with injunctons before and they have all been dis
Courf nnaiher by Iudra LaXrence. of the Sunrema