New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1876-08-29
THE GILBERT RO1US CHECK.

EFFECT OF JUDGE sEDGWICKS DECISION
App.AL TO he MADE TO A HIGHER CoURr-iIGAL
CRITICISMS OF TUE DECIsioN-THE NEw-YORK
ELEVATED RAILROAD COMPANY NOT AFFECTED.
The decision OF Judge Sedgwick in the suit
of the Sixth Avenue Railroad COMPANY against the Gil
bert Elevated Railroad Company, enreiJ contrary to
what was expected has taken tho majority OF people 10y
surprise. reporter oil TUE TRIBUNE visited yesterday
several of the lawyers employed in he case on edch
side Judge Sedgwck decided that no addition 10 the
previously chartered rights OF the Gilbert Elevated Road
could be made by any act passed since Jan 1879 bu;
lie ard not decide thai This company and the NcwIork
Elevated Railroad Company could not 20 on under ther
original Charters. In these original charters however
there are time limitations, which In the ESTIMATION OF
many render impossible that the roads should be bnlt
AS to THIS point much difference Of opinion exists TIE
charter Of the Gilbert Road which il dated Aplil %,
1874 gives two years in which 10 complete the road
to Forty secOnd-st This tine IL not TO run,
however, during the tendency of any Injunction
or other LEGAL obstacle. Tine road was onjohed
Elk days before the expiration OF the two years SIX
months after the termination Of tic injunction IL also
given thus leaving period Of six months ard six days
which is vel t. begin to run aud which II said 10 be
ample time in which to build the road from horrs-s
TO F0rty-scCOnG-st. After the expiration OF TINS
six months, year il given TO complete the road
10 another designated point, land after that AGAIN
six months to complete to enoher designated point,
does not bee i'll to run anl after the termination oil
all the !, gal obs ,ructions.
Mr. LOWrCy of the firm OF Porter, Lowr"y' Saicn ~
Stone attorneys for the Gilbert road wac called upon
and asked 10 cypress his views in relation 10 the erect OF
Judge Sodgvicks decision Mr.. LowTcy said, however,
that he did not feel wiling to talk about the decision,
holding that lawyer actively engaged in the trial OF
cause had mo- right criticso the decision Of the court
in ans other place than in gu appellate tribunal He
would y, that the case would he taken t. the
Court OF Appeals, and reversal Oh Judge oodS"ieAs
decision confidently expected.
In the cOurss Of conversation with other lawyers cen
nccsd with the caro- the follow ing views elected:
The Ionta which most iwelt upon Ia the decision
we're thos which tho counsel considered Tie WeaEeH'
aad those easiest to be ia the appellate court
The strongest points favor Of the sixth Avenue R
road did not SEEN to nave impressed Jddgc Sd~wck ia
the same way that they did the lawyers, ana also those
pons wcn we've considered to be the strongest In favor
! Of The Gilbert Road did not have the same weight
that counsel anticipated they would have la ihe cOu-
strucon OF statutes relating 70 public enterprises tacie
| are two nethojR, marrow, technical and Obstructive
construction aud a broad, liberal, AID remedial y,".
or tEcsc the former q have been taken by Judge
sedrwieF and thus public work 81 tho groest import
apce 10 tie welfare and growth Of this city Is delayed
ana tie promoters ut TO great annoyance and expcnsc
Rapid be killed by the opposition Of sur
face reads the public demand being too strong ana the
Iegislaure OF the State will bc hound 70 recognize This
demand sooner or later and enabling statutes VIII DC
pass but this opposition can ard viii annoy anC de
lay the work. and the ue residents OF this city
will find residences outside Of tie stae, in NcwJcrscy
and elsewhere, where the mcan3 OF c0mi ucaGOh are
! cheap and quick.
The present rauid transit act, known the ITrsted
hin passed June Is 1875 forbids any corporation
from crossing Broadway below Fftyninthst As broad
wa, crosses al the yeaucs from tiith to hdgh DcoW
Ffty-nintlst and the Ninth and Fentlayes above FIJI
ty-nntll-st, would that unlCs Judge sedgwlcNs
decision oyerrulcd b. tne appellate court and TIE Gil
bert road allowed 10 continue ito construction the rapid
transit idea killed but II is tie oruion OF number OF
the LAWYERS at this conclusion dOes not necessarily FOL
low The mistake OF the Gilbert road evidently arose
from considering the Eapd Transit Commission to be
| legislature and vested with powers which IT did not
really y ,ssess The 3Gtn section Of the Rapid Ifanst
| act bears upon this point This section provinces That
Uhn,cver any route determined upon 10y the Rapid
Transit Comm ssonerv shah coincide with thc route or
routes o. existing railway company, such company
can, upon compliance with the conditions ana require
mcI.ts hnpDEcd by tie commissioners, have the hf't
right 10 build upon routes then owned by them accord
ing to the structure prescribed by tine commissioners
The Language of the section in relation TO the point of
crossing Broadway is ~ follows: "And the said com
missoncrs may and determine the route or routes by
which any steam elevated railway or railways now In
actual operation may connect with other ttcain rat
ways or Tie depots thereof with steam ferries upon
certain conditions which are laid down IN the act
rhis section was declared to be unconstitutional by
Judge sedgwick and 10 il the greatest dive rsy OF
opion exists the lawyers either side holding II CON
st,tiona or not their feelings and interest declares
II It be decided TO be constitutions! by tho Court Of
Auneals Il will emp aucally settle the question 70 to
the right of the New York Elevated Railway Company
M least 10 make direct connection between the Hand
C.utrai Depot and Its depot NJ Thlrtcth-st ia
case the result shonld be otherwise, was The opinion OF
MANY that the Legislature could and would pass IN lct
modifying the limitation or repeating II chtICl| anu IL
go both tha Gilbert aud the kewYork road cond take
advantage OF IT,
| no EFFECT UPON THE NETWORK RAILROAD
Az the decision, 1t considered. would necessarily
10 certain degree affect the fortunes OF the EcWfOrk
Elevated road L. Delevan the attorney for that road
WAS called upon. He decided in expressing the
view that the NewYork road was IN way affected by
the decision as that road did rely the RI id Tran.
all but on three previous acts passed. April 20
1866 April o. 1867 aud June II, 1870, aud the
general railroad passed April g 1850 The first two
| acts authorized the building Of elevated road,
operated 10y prOpellng ropes cables attached TO STA
tiOnary engines beneath the surface OF the street phe
third set permission 10 alter the motive power and
substitute dummy engines for the prOpclng ropes,
aud also authorized an required the continuation O the
road beyond Thirtieths to the Harlem River Mr Del
evan thought recent decision III the company
Jud sc Van UOesen founded in justice and
cOnd rot be oVcribr0wn by the higher courts The de
eison that, while the extension OF the road above
Thrteth-st might be considered public nuisance not
having been constructed within the time limitation pre-
scrbed by the Of 1879, sill private person cor
lie il he D. indictment by the Attorney General
Like all other rapid transit schemes this Oad had passed
through much litigation ard was 10 through
hut there doubt hat IT would eventually b.
triumphant all its encmles The suit OF Mr. Spader
against road account OF Its crossing portion Of
the battery Park would DC tried In October.