The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-05-04

H. Hail. william l. Scott, Alfred s. Barnes, join -
Mars, Morris X. Jesup, Alfred A. Barnes, Morton
REPoRrER-lt is said that SIS 900 was expended az
Albany by the city horse COMPANIES TO defeat the
BIT DO you not think that was small amount 70
ital interested on both sidesY
Mr.. CowiSG llaughingl-oh, assure you could not
say anything about that In fact, have not before
heard any amount stated il was only general rumor
REPoRTER-Will the road DO built above Fiity ninth
street on the west side this Year,
Mr.. CONFERENCE.-The. think not. II VIC could
have double track, We wish. would go ON build
ing the west side line 10 Yonkera
COUNSEL
The next person visited was ex-Judge James Emotf,
counsel Tor the New York Elevated Railroad Company,
who was asked similar questions to what effect the
defeat Of tho Hustled bill will have the prosecution
OF the work bv his company.
Judge EMorr tcmphalicaly)-Tbe work will 90 of
course; these njuncons will be swept away as soon
as they como up for argument They nothing but
bunch OF captious objections and petty tcchnicates,
and will not hold wntcr. think Judge Daily was ms
led In making the decision he did, because think II he
had examined the question deeper his decision would
have been far different II this Hustled bill was
OF course y would 90 away at once with all THIS
litigation, and on that account II would be a very de-
sirabc thing for the company, but its defeat Will not
restrain US IN the least from going on with the work to
REronTER-How many injunctions are pending
against tho road at present?
Judge EMorr-rwo one the Battery case, which will
come up on Monday before Judge Mcneil, In the Su-
perior Court Special Term, and the other the Pacific
Hotel case, which Will como up before the Court OF
factious opposition. II is brought by man named
jeremiah v Spader, residing IN Brooklyn, who owns q
warehouse In Bridge street two hundred feet from the
Battery and entirely out Of sight oft
REroRrER-iou have no fear, then, about tho result
OF the litgations
Judge EMorr-None at all or course the delay viii
be somewhat annoying TO tho public, but we will
eventually aucceed You say positively as you
like that we are willing and able to fight all the obec
PRESIDENT or THE GILBERT xrKyArED ROAD
HERALD reporter visited the Office OF thc Gilbert
action Of the Legislature in defeating the Hustled bill
would Affect II at all the future efforts OF the company
in carrying out It's proposed enterprise In the course
oil conversation Mr.. Foster the president OF the CON-
pany, stated that tho defeat of the bill at Albany on
Tuesday night would not in any way interfere with
the objects in view. far the Gilbert Elevated Rail-
road was concerned II had nothing whatever to do
with the bill He considered moreover that despite
all opposition, rapid transit was bound to come sooner
or later.
PRESIDENT AvKSuE ROAD
Mr.. Butler, President OF the Sixth Avenue Railroad
Of the defeat Of the Hustled b conversed very freely
the subject Of rapid rausit generally but said that
the defeat OF the aforesaid bill would have effect
whatever on the quarrel between the Gilbert Elevated
Company and his own The matter at issue between
the former corporation and the property holders
along the avenue would be adjusted judlcally on
or after May IL The injunction now restrain
ing the Gilbert people from continuing the construction
OF their road on Sixth avenue proposed still re-
mains in orcc and counsel were to have shown cause
why It should not remain perpetual on Tuesday last
before Judge Mcneil, but for some other the
nearing was deferred until next week. speaking OF
rapid transit and the Hustled BILL Mr. Butler said that
far as he knew railroad company in the city had
paid dollar toward the bills defeat $50 far as am
concerned said he, ~ nm quite willing to mako an
affidavit before the notary. who is at hand, that
neither offered to pay nor contributed dollar TO any
such purpose In my judgment compensation TO prop
crty holders for injury depreciation by the constuc
tion OF rapid transit railroad is just. Take for
example any house now worth certain figure Its
value will DO materially cssened by the erection OF
posts and laying OF rails in front OF II to accommodate
persons who have no possible interest in that district
The solution of the rapid transit problem will be
reached only when persons companies about to
struct road to aid IL willing to pay property
new route. No one has any right to impair the prop
erty OF persons in scction Of city merely TO
nance the value Of that belonging to others esc-
where.'
PROPERTY owNRRs VIEWS.
Property owners along the line OF the sixth avenue
with whom conversations were had yesterday contend
that the defeat of tho bill question has effect
them whatever. Their dispute is with the Gilbert
Elevated Railroad Company and will be settled In the
courts So lar as tho question of elevated railroads Is
them likely TO be beneficial to places located along such
routes.
CONTROLLER GREEN ON THE BATTERY ENCOURAGEMENT.
Comptroller Green, the legal custodian Of the real
of the Elevated Railroad limo over the north
easterly corner Of the Battery Park and at the first
movement OF the company he requested the Counsel to
the Corporation to stop tho work by an Injunction
or other legal measures The Comptroller
partment OF Public Parks have no
power to appropriate any portion of the
peoples pleasure grounds for the private and ben
eft Of any person corporation, and that the Park
Commissioners in Sranting license TO the Elevated
Railroad Company TO run their limo across the Battery
have transcribed their lawful authority. He is pleased
at the failure or Mr.. Husteds bill.