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

SUIT OF THE SIXTH AVENUE RAILWAY COMPANY
AGAINST THE GILBERT ELEVATED R0AD-wiLLiAh
81. EyARTs's PRESENTATION OF THE PLAINTIFFS
CLAIMS.
The trial of the suit of the Sixth Avenue
Railroad Company. against tic Gilbert Elevated Kan
way Company begun yesterday before Judge sedu
wick In Superior Court Special Term ana the cHS VI
tho plaintiff against th5 rapid transit ROAD were prc-
sented by William NJ Evarts and formal evidence
VIVA nut in The plaintiff IN order 10 maintain its sui h'
ALL IL bound to show special right in the street. anu
aone speci A injury The special right II eaims Is
contract with the city for the OF the SixthaVe'
upon which to its railroad. and also Its ownership VI
property the special injury u tho shuthR
In Of its tracks by the rows Oh pillars 10 support
the new road, the danger to passengers IN got
ting ON and Off the cars, aud the fright to the
horses from the passage OF Trains Ine piaih'"'
II it proves such special right and special injury IS az
erty 70 bring this action and al the charter ana the
laws under which the Gilbert Elevated Ran "ay company
proposes to build road Both sides were wei repreSehe
by COUNSEL The counsel for the plantn are william A.
Eyarts Joseph H. Choate, Charles H. Butter, ana eH-
Judge George +. Conistock. but several OF the COUNSEL
engaged in the cOgnate OF the Ninth Avenue iii
road Company against the Gilbert Elevated h'hi"a"
Company present at the beginning OF The
The counsel for the Gilbert Elevated Railway Company
are G. r. Stone G. T. LOWrey. A5hbel Green. H. IT. AN
dcrson, James C. Carter. and John X Porter. Durins
Mr. Evartss argument, elaborate model OF tne oiht
ave. with the tracks OF the present road, win cars ana
horses going each way, and with the pr"ected "pei
Elevated Railway with train gong each way ana Wild
a hook-and-lldler truck OF somewhat exhsSeraIeo u
mensions racing by It's side. was brought in
NJ Evarts in his opening argument. dwet on the con-
tract rights obtained by the Sixth Avenue Railroad COM
pany by its original agreement with the city. uhoer
which It built road-rghts grave that the Court ol
Appeals decided that, they Involved freehold IN 'he
,.I.r l..II hut cir u "a
for certain trusts they required the confirmation o. inc
legislature That confirmation was given, ana MI t5c
elements existed Of valid contract between Tie Com
panyhat IL should serve the public under guiaos
~ be liked within limits by tho city-nd the CITY, uas
the Company's rights should be preserved intact "hat
ever constitutional rights existej to preserve CONTRACT
could be invoked by this plaintiff and used for its protec-
tim The sa,no thins IA ht said of ohor horse rail-
roa Dis and l. as at evident that no question c"nd
affect larger private interests or greater III 'ters
OF pubic interest and use than tic rights no"
Involved Tue street car COMPANIES htd eApehuo"
many millions Tho roads used with scldlly ~
creasn approval by the citizcns Toe entire transfer OF
passengers Tor the wboe State by steam roads, en-
brseins 1900 miles. for the past year, was ABOUT
rs 900 900 passsnsers Tho Sixth-ave. road alone,
in the same time carried about 15,OO0OOO the lmiu-
avn r,aI nearly tgiio IA mAny the l. sbth ana per-
hans tn Seyenh-lye. roads had carried larger huhoor
than the sxth-avs These things were presenter 10
show tie guitu 10 oT TIE lul'I,ot iuN''''N''
vios requirements OF any steam road that proposed 10
do this work and the manifest injury tht must De
worked In tho M row area OF any New-fOfX street Ia
which tAcy were conhnei.
Mr. Eyarts taen reviewed the general features OF the
LEGISLATION for RAPID transit claiming shat 1t was IN
zen led to protect vested interests au AFTER reading INC
act OF incorporation OF tho Gilbert Elevated Hallway
argued that 10 Duild ROAD sGCI as that contemplated oy
tine defendant contrary 10 law, and that 20 ope@e
Il by steam was variance with tho express papOSe "
the act, After referring to the powers derived RON III
feren: actions OF the t. Mr. Evar,s proaucela diagram
showing IA tubular railroad operated by atmospheric
pressure and supported by pillars which spahued tue
street from curb to curb In referring t. this 10 sad
Now II You will look at the schedule which follows the
bii you viii the railroad known q, Gilbcrts PROPOSED
n known nd uIs,JOj plan. method, ana Goa ilNihoe
for winch alone rut ioriy was asAeJ IRON thy L@sl9t
20 it, structure alA IA motive power re Oh s'o"S
That this te method, aud nc pHbsLcd loHOd ana
I,o Uui. rsiuyd mrtaJd anl the method winch
was co,crcI Oy The Law. Now, sons objection my DE-
in.tsln tie ,lI rs was "a g. -, -, 'o cor n ~,
i'm tL, ,ii ard wHrtHr 10 not an Adoption Oi an
81 Ter and dr ut mo.od c.D'nycd, but not insisted
,, ,.i NOT prnu ssd p tho L. stature, aui not acted
upon by nm, AIDA, described " tue language Oh Inc
law.
In suprort Of his argument NJ Eyarts sail that the
bill yrs n roduc, i'm, the H. 5islamre on March II,
1877 anil va pts,sl On ApHI l.. IL then produced
,D.,y OF The Silsaffc AmsriH OF April ID. l572 IN
which was dl gram sim.Ir - the ono h bad afcady
exhibited. aul read tho description which accompanied
IT, This explained it as "a ioaI TO be operated by
atmospheric pressure and spanning tie street This
ne SAID wa .r plan given the people, to be under
stood Ia Booked by the ciLsns, 10 bo Judged of by
tho legislature order Tat 4 might he known and u,-
,l.rstoud sn OF structure t was that was sought
90 be- authorized. AMI that described as G.locrts
Elevated Eail.raL" C0nt.nuu5. ho said;
Now A. snould be matter OF proof ti1t this the
plan, thi, the pr'j is TIRE model Tue method upcn
w.tcn tus corporation hns rui.rCi Uun tAo streets
aud WAS proceeding ~ lay tho foundations ana build
tie supcIStIuctuc IL wholly ~ cofdaut, both IA
respect Ia limitations OF curD 10 curb, scrra-
,b ~" ,i5 lion Of n steam motive power.
with all terrors and dangers that brong "a That
ere mus he some oor poy,r anl authority Justify
waat proposed be- 0ur. admitted Wha IL proposed
this corporation. Now to the eye 1t very apparent
er,a. change IN tie pTli" ma general uses o. this
See ow careful tie Legislature was in declining 1870
sort structure % b. employed. tie m"aVc poWSr
iuat n should Inter VISA yate ravr an gen
era tcust. Here Is street which TIC demands Of
way, ana Tie Sidewalks uumprHt"; ana tue constantly
svcIng tidl 81 tl,fa anl Ot t.v. built up upon ht
IA ''e.,s.H "a nsts ori 20 Ger oI,irr one way
and only aitrJ the Otner way ire u DC lnlFhcd
ia aVcnne ia 10 ne divided uitO three narrow
LINES one o. winch, occuped Jy our railroad track on
the suiIacc, il 10 nc a10dJ IS ioet "ide' ana at
Inc sides there ARE 10 be lanes each Il fet
Insgc over this of Occu lied 10y Ms and % H.
nued Tor tlo pubo els tlere portions a
Ia,rI only los 81 iUct. In ccu biOck between HucS
tLurc viii be these spans, ant Grsa poses mako tAcsc
un,rt,nIifs in t,a street, - WI - these divisions
ntu la,s. NOW, NJ rtdaOhIu- No hnaSin@uOn can srt
ri ~ flc tnat tuc5c lnualJns on lac roadway OF
public str. atoriorcuces VITA II a. public street
That Ion tuo street luat ~ WAS before; mat IL
/. incapable tue uses IL was odpabo Oi b-.OIc ana
,lf Win Ibis structure IL would not any lOnsOr % %
street %, It's urcse 4 diucn,.Ons
now, every bady favor OF modes OF rapid transit.
Aunl ton II tuuc and space Is coeSstrly popular,
but the problem o rapid transit cunot re answered Oy
aulcs aud schemes; by mere con rIctS FOR stfuc
ttcs ANA promises Oi tine wOfatIg Ol motive power The
Xo.abls cuuutiOus OF rapid transit within ana