New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1876-06-10

sections where the Fire Department needs 10 brine a.
apparatus quickly To their aiJ. Here Is a nre.Iddss
that apl aratus, coming down is street, could t"r
around aud down that lane. they wi er than :.
| ingenious niaihematcians who hayo mle this moIsfS
another obiecnOn il. that vi hire ON the svs
ME. the Fire Departm' mt would not be able 10
| Side OF the street. This ia the nature 81
the interference, and yet ~ The most soothing
an obstruction only VIII Q beng bui't, after tLat
everything will be enjoyable IA before IL begun
are .n aS sls 20 the distress aScat Which So ss5 as
plant made 10 have very frequent very
combine to carry the population For If they make them
less irequcnG they TO bemore heavy aud If they aks
or power to stop them. Sow lie engines tbSt ' sra
to be capable OF tbs immense demand upon their strength
must have smoke and hr ami nose, constant are lie
moments OF the day There Is no interference that can
be- occupants TO the travellers alone street "a
prat spse through crowded city Our cars las ops
another often tat passengers not alowtsi gt
cars tat the parallel track along. and now oddly
eBougb 1t is sail thai 1t Is very extraordinary that
should complain of having posts SGT on e side OF
our tracks That viii permanent the niger on tie
outside that exists rhc inside. IL Is closing the
use mode Of traieking passengers both our
own rights TO cinolumcnt aud our accommodate 10 the
the pu5lic and sub ectng 1t TO sucn circumstances that
make t dangerous Uf necessity.
NOW that being So you see that the occup ton
of the sides sreets for purposes that a
dome,tie hDnes. is all gone the moment t5at tais
.iuery Ia set to work But when call your OnOFs
safety to this great exclSOnt &c is rcquredy0u viii
utterly iucOlnDdflDe Wit ts st nctare Why
struet less rm than tue solid support OF the earth,
thing solid as the EARTH Is cOnpltDle with tails
taic. speak now not SO much OF the Danger
those who this d, but To tie dangers VI all the
peOpo OF cue cIty tho dangers Of horses which
In these narrow lanes TLcre IS not moueIt from
the lime passenger car reaches tresile-work
fairoais until IL that every passenger does
consider IL temporary danger Tolerated Ony because it
mako Il tolrribly secure WIN, If We TO 30 slow On
these railroads, then RAPID transit Decohos cIed'ure
After the recess Mr. Evarts resumed ms argument
cla ming that the effect OF tie ovaed railroads on s
OF the city would be to desoate the city Tor me
convenience Of It's Inhabitants, and make 1t unindabii
bic to make it accessible would enable stock
pany to sell bonds and Stock and loye the burdens
a: whom IL might concern" Such a tn ng could only
be done by power having the night TO compel It,
He ton examined the laws under VII Gu the Gilbert lie
waited Railway claims the night to bull and claimed that
the "a providing for the consent OF abutng or
OF Commissioners appointed by tho Supreme COuI. .ad
not been complied with Indeed, the Rapid Transit act
was an Illegal delegation of legislative power. at
tempt at avoiding the constitutional provision against
private acts so Notwithstanding one rule might DC
laid for Buffalo, another for NewfOrk thlid Tor
Troy. and a fourth for John Browns Tract,
IL was a farming out the power OF Incorporation
The act besides violated the constitutional rights Of tho
oweTs properly abuSiin3 Oh tie sstecS an OF Ihose
who, like tle plaintiff Company mad r.gits ~ tlo streets
3ut as from the Legislature Lad PLAINLY desired
TO provide for great pubo neei anu YET project great
public IL had before IL TIE great cost AOOye
furtyscc midst had been provided for al heavy cost
90 tie public. Tic conditions " rapid transit road
were that should be straight, short sIic aud uniDter
rupted, and tue LEGISLATURE referred thOse chdols 70
a local commission. NeiGler VI tAe local commissions
place tia approval the proposed route except SUD
D1d0 IL is not they saw their clOiCz,. the Greenwich
Street bUad has mat the depreciation Of property
along hc rOsd from % 10 90 per cent ana IL did not
acc Jtutsh the puFpOoe desired Here similar de-
JTecIaOu be worked omparaiVely rich street.
The uanse would be from go 100000 TO p30OOUOOO.
IIue the defendant mad been authorized 10
use street, did desire 10 Ia that form,
"A uTOuS torn, bJT.Zed under the Rapid
Transit act That forbade OF BtOLf wdy
and Dir Evafts claimed that The defendant could not
l...e both o. carry Out is piL poses.
Al fhe close OF Mr. Eyars's All ueut Mr. Choate put
I'm ntary proof OF tho charters OF the SNth
Aycnue hi.roai { mpany aud Of ITS ownership 0f
prop .ty ON oAtl-aye anu the adjourned until
Monday.