New-York tribune., 1876-04-24
LOCAL MISCELLANY.
wEsT-sIDE RAPID TRANSIT.

WEST-SIDE RAPID IRANSlI.
A TEMPORARY INJUNCTION AGAINST THE GILBERT
ELEVATED BOAD-OPPOsIroN OF THE siAIH
,vrvrs coNpANY-vIEws or BorH PARTIES
In snit brought by the Sixth Avenue Rail
,oad Company against the Gilbert Elevated Railroad
C,onnspy Judge speir in Superior Court, Special Term
ON saturday granted order TO show cause why the
work now in progress to build elevated road should
not be stopped with the usual temporary stay I'LL the
argument under that order Is heard Tne piants cam
that the charter OF the defendants only authorizes them
10 build tubular pneumatic road, running at hight OF
90 b 20 feet ON arches thrown curb to curb and 80
feet apart that the structure the defendants are now
building, aRd for the pillars Of which they have been
making excavations in the upper part OF SMthave Is
only wide enough span the PLAINTIFF tracks, leaving no
more than - inches between the onside of their cars
and the M lars and this il is proposed to put an ordi
ary open bridge road at hight of only 10 or IA feet
and pillars are to be longitudinally only about 30
feet all.r The plaintiffs claim that this change or plan
isa cc injury to them and that the clnsepcs OF tle
pia to the tracks and the short spaces between the
pillars hardly fa 70 cause accidents 70 the aih'S
passengers that the operation Of an ordinary railroad 50
close overhead will frghten plaintiffs horses, and the
drouppg OF cnders oil &C. will greatly njure tAe pam
tins cars. large property owners on the avenue
the plaintiffs insist that the cutting up Of
the thoroughfare into three narrO" lanes VIII
greatly damage their property, seriously impeding
travel ON the avenue and making the crossing Of the
avenue by loaded trucks difficult and dangerous, while
the noise smoke aud dust will be direct nuisance lhel
insist that their road having been bult under written
contract with the city, which was confirmed by the Legs
atnre in 1854 any proceeding deprivng them OF Their
rights under II against the Constitution OF he United
states The plaintiffs claim that under the act OF 1879
If that act can be held TO have given any power TO autAo
ize any elevated railway on sixthaye-the defendants
sti required either the consent of majority OF the
action Of the court such as obtained
for the East side route and neither has been OH
tanned for this route
The attorneys for the plaintiff are Evarts SOuhmayd
& Choate bond in $4,000 preliminary To tine grant
ing the permanent injunction, was executed by Iheroh
r. Butler. President OF the plaintiff Company ana
Gordon W. Buruham, for any damages arising from 1t.
A TRIBUNE reporter called on Df. Gilbert on saturday
afternoon but he had not yet heard that an order Tor
Temporary stay Of the work had been given by the court
With regard to the points III the plaintiffs COM
paint that the dcicD1ants charter Ony authorizes me
building OF tubular PneIaG ar E,5 Fo'H ~ R0y Cn
psny did not confine the Company 10 ne u
any particular power for driving its cars anu 10
section OF tue charter as follows SAD corporation
snH p;ajnia0 an elevated railway TO be operated 10y
plan known GIlbeIts Improved Elevated Rlil Nal,
and to construct, maintain, and operate te Salu uouI
ways and railways 10y atmos herlc power, .,S com
pressed air, or other power" IhlS, said Df GhDlIt
authorizes us 20 steam if We wish As 10 thGr o0u
plant about having an open bridge ROAD II we c's'u
entirely, they would complain at we 0OsIracseu the
t; 9rIni ~ fhst the Elevated Railroad Is authorized
o. fnur Ways OF setting aside this difficulty. one by
making the road nearly tubular ds possible Another
WAS b LAYING pneumatic tubes OnS the side OF tt Ioao
for the transmission OF ges as tde CHARTER aIno
lied Company To have connecting tubes Tor Toe fs
mission Of power, telegraph ana signal devices lhc
span OF the arches nom column 20 coiuln4 On Mes,
Broadway will be 81 feet from cuTb To culD. AOnS
Amy-st. span Will DO somewhat over 50 eet aso
covering the street from curb To curb Along sXtn+YS
which is very wide this system o. covering tne & &Mnoio
street altogether unnecessary. The span OF Je atchcs
between Tie columns will be % feet, thus leaving 10 eet
each side OF the road between tie pillars ahq ,o
The dis ance OF the pillars from tne Car "iudo"s
will be about Is or 20 inches . 80,
g. of the counsel for tie GilDert EeFd-
ted Railway tOmpaIy, said Saturday tnai he ala not
VET know what line OF action would he adopted, whether
they would set mp counter acton or hiahpi9 deHul;
T. r. Butler President OF the sixth ANtnHe Ia lIo4u
Company, said he thought they would prevent tne
Gilbert Railway Company from building the road on te
Sixth-aYe., least in the manner begun The %ct co-
porating the Gilbert Railway Company saii distinctly
the tubular ane railway "blch c cofPoIatVh
sh'lG Hb Substantially sup
ported above middle OF s;r cts ana avenues Dg
iron arches which should span tho streets ana avenues
from curb, and tho base these arches shOa
not where practicable be more than 90 Iccl al arr
nor the arches less than so feet rOnLech Oihr Chas
T. Butler, their counsel, slld he was sure thtJ
could prevent the Gilbert Elevated Railroad from DenS
The WORK OF digging the foundations for the elevated
railway in rapid progress along SNth-AFr between
FQrtieth aud UDSts al a late hOur on saturday
holes dug clos u th" Iais tio
car horses have be guided carefully 10 prevent thcn
from failing into tie excavations
Another meeting Of property on oA'H'Ne' We
held Yesterday afternoon al the Ge!1nanla Assembly
Rooms, West Twenty-sixthst 10 oppose the c0nstc
ton Gilbert Elevated Railroad "i that avenue A
property-Owuers should join the directors o. te SNtl
Avenue Railroad in their opposition Ia the Gilbert road
SO avoid the necessity Of Ogh-uS Two suits AI'
addresses by Messrs Spelmdu, curtis, STRONG, ana
others "a Committee appointed 10 wait upon Use
SIKH Avenue Railroads officers and ascertain II they
were willing to unite with the property-O"neIs