The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-06-30
THE RAPID TRANSIT FIGHT.

Before Judge Sedgwick, in the Superior Court, ex-
fudge Comstock renewed his argument yesterday ON
behalf OF tho Sixth Avenue Railroad Company IN its
Iut against the Gilbert Elevated Railroad Company.
he referred to tho decision fne United States SUI
preme Court in the BinghamtSr bridge case. claiming
that the decision in this casY sttlcd concusvely the
fact that the defendants hsve legal right to con-
In the proposed. Pie also cited the court to
various important decisoAs iy-she federal and State
.ourts, showing thst tho grant railroad and
,oilcci really property Of railroad corpora
son much rs It's rolling stock He strcnuously in
listed that II could not be taken away from them with
compensation under tho constitution. In contin-
nation, he said that his learned opponent did not dis
pute The that these rights existed but attempted
10 cvadc IL by saying that they do not
touch the plaintiffs property-not come within
several inches OF H. Inasmuch they dad, the PLAIN
tits, ne contcndcd, were entitled not only To their
tracks the road outside OF their tracks the
enjoy OF their franchises whereas the defendants
propose 10 crowd the track with iron pillars. In add
ton TO This the defendants propose TO run noisy trains
OF cars overhead aud the plaintiffs clam that their
passengers should sutier from this nuisance The
franchise granted TO the plaintiffs the privilege OF
nng its properly, aud could not be taken from
Without sation The State constitution guaran
iced that could be deprived OF property Illegally
hey had a right 10 enjoy their road Tree from
zion; their nights corporal rights; they
tled the space above the 10 the uxcd II
peccssary 10 the comfort of their passengers. Tho
whole resolved itself into thr,o qucsto and
the Grst question was Is there any legislation OF the
eatc which IN its terms intent justnes the entry
on their ana building there such road
is proposed 10 he but by the defendants The
snd question was, II there any legislation containing
yucn and expression OF such intent is IL const
mtonal. The third question WAS II there is any such
cgsiaon and VI the constitutional In It's gen.
rsi aspects, !; 40 in respect TO private rights and
eerencc TO the grantees regard to private property
iycn in the federal and Stale constitutions The de-
sndsnis he insisted; mus. approve amrmaiwely all
such proof had not been gwen and could not De- he
discussed the act OF 1872 Incorporating the Gilbert
Elevated Railroad Company which act ne urged, did
not authorize The construction OF the KIND oil road
which II proposed to build. lie commended further,
hat under the Rapid Transit OF 1875 authority
rxists for building the GILBERT road. such ony
slows the construction Of the road Of the
property holders, which had not been obtained in this
aud could not DO obtained. his argument good
deal OF which elaboration OF the points raised at
the opening Of his argument on the previous day,
consumed the entire day. The various counsel then
submitted their briefs 10 Judge scdgwck, alter which
The Court adjourned The has occupied the aien-
ton Of The Court the entire month, and from the
OF pt pers be ned tho presumption that
decision vii, hardly be rendered until alter the close
Of tho summer vacation.
In the SUIT brought by the Ninth Avenue Railroad
Company agaiEs; the Greenwich Elevated Railroad
Company, on trial before Judge Van Hoesen IN tho
Court OF Common Pleas several additional witnesses
we're called yesterday rebuuai after which cx-Judgc
Emott proceeded TO up behalf OF the Elevated
Raroai Company He commended that this action does
sot commend itself TO the favor or equitable consider
stion Of the Court There was no irrcparabie
damage shown--nothing that an action Tor dam
suit should be dismissed. In every respect
The suit most hard and ungracous
action. The defendants, with public spirited enter
PRISE nave constructed rapid transit road which has
shown the people OF New York how that prime ncces-
sry Of the city can be obtained Although situalcd
side ,o the island out oil the and unirc-
suentcd CORNER. has yet become great
enco people living up town, even at distance from
It's route that IL - carrying more passengers al double
The than the PLAINTIFF IL o. those
things Which the community demands, and the horse
railroad companies may as well make UP their minus
hat me IN nu will rfc q ps and
not the horses we're frightened This srlt was bare
laced attempt Is horse railroad company. on grounds
bftnc most technical character 70 defeat great public
enterprise To help them an tins work they bad called
10 thcr assistance that army vi rctancrs which such
corporations always have IN readiness Their object
10 break down enterprise OF great public
utility because u may interfere with their business
and prcdtsa contes, between private cupidiy on the
one hand and The general good Of the city and people
ON the other He spoke some three hours and
followed by Mr. Bangs on behalf OF the Ninth Avenue
Railroad Company. The latler attacked the various
points other side insisted that there
we're abundant legal grounds Tor bringing the present
sciion. HIS argument was IN substance such as has
already been given IN the PRIOR stages Of these rapid
trsns .itirationS An EFFORT VIII De made 10 nish the
argument Today
THE BLEECKER STREET RAILROAD.
The examination into the affairs OF the Blocker
Stree, Railroad Company continued yesterday be.
fore the referee, Mr. Isaac Dag ton. Mr. John Con
ever. being examined by Mr. o. g. Bright testified
that. while president o. tho company he expended hts
swn money behalf Of the company the company is
indebted TO him now, portion Of which Is for salary
shdrswn; tbis salary he did because others
pnncctcd with The company needed 1t more; he
souid have vacated any tine the premises occupied
y him Tor storing materials u The company needed
]: in Albany he sought 10 have adopted measures 10
xteud the company line. including all extension on
nc East River; these improvements be always con-
Axsrsd Of great value 10 the company aud would add