New-York tribune., 1876-05-23
LOCAL MISCELLANY.
THE BATTLE FOR RAPID TRANSIT.

WORK on THE GILBERT ROAD DELAYED AT LEAST
UNTIL JUNE 5-MoDIFICAToN OF THE INJUNC-
TIoN AGAINST THE GREENWICH RoAD-TiE
BROOKLYN ELEVATED ROAD.
The illness of Chief-Justice Mcneil having
interrupted the argument to set aside Judge srers III
Junction granted at the suit Of the Sixth Avenue Ra
road Company against the Gilbert Elevated Railway
Company, motion before Judge Speir yesterday
to have the argument heard Ivy another judge. Mr.
Choate asked though he declared the plaintiffs were will
ing to 60 at either with this motion or the ria
chief of the suit that the go 10 june Asbe
p Green, for the defendants insisted that they were sur
fering greatly by the delay that every day exposed
them the possibility of great oss and that either the
molten should be heard at once or the bonds OF the plain
tifs OIL the injunction should be largely increased
Mr Eyarts urged that the questions were OF sncn
importance that undue haste to be deprecated
Exudge Comstock stated that he had mado his arrange
mens with view TO arguing this this week. Judge
Porter for the defendants said the question now was
mainly of time We're they to wait fiom week to week
through the indefinite duration Of the charter OF the
Sixth Avenue Railroad Company mere security OF
5000 when their liabilities were accumulatng upon
them II Judge Speir had known that the paintifs had
delayed their suit until all contracts being made the
stoppage the work could do the greatest possible in
Jury he would not have granted the injunction Judge
Sper said that he engaged with work tbat bc
could not possibly this casc and adjourned the mo
ton TO the Monday in June when 1t would DO heard
by Judge Sedgwck lie reserved the question OF an IN
crease of security until special motion was made viii
that view.
The suit OF the Ninth Avenue Railroad Company
against the NewYork Elevated Railway Company was
before Judge j. f. DAILY in Common Pleas Special Teim
Yesterday This only to stop all extensions OF
the Greenwchst road but to compel the defendants TO
take down the road already built In Greenwichst ana
Nnth-ave. temporary Injunction has been granted
forbiddng any new work. and that Injunction is to bo
| .ri.,,. fkp 1afp
modification so to permit them to take out blocks
TO lower the ends Of switch already built TO connect
with their road 10 allow them to paint the iron thus In
POSITION exposed iron rapidly corroies to allow them
to fill the naons for their road in ID holes already
dug and allow them. switch to put up hVc pi'
lars for which the foundations were already lad ana
the etringcrs at that switch from pillar to pillar
the pillars, stringcrs, and tie materials for the
founda being already on the streets, and fornG an
incumbrance. A. Vanderpocl, appearing for the Ee
vated Railway Company, argued at length that these
notifications OF the INJUNCTION could III no way htcIIee
with plaintiffs road Mr. Scribner insisted that no MOD
iication made until the main question was argued
Judge Day said that he felt himself concluded y C.o
Justice Days dccon IN the Palten case ana
refuse any modification of his original nlunctol'
looking to any construction work on the Eo'aHu an ,"h,
holes and paint their iron work nut n"thns more
Judge Daily laushngly added that he did tins otSlh-
standing some letters hf had iccei!ed one OI WIh c
read threatening him with defeat at the polls should be
The matter of the Brooklyn Elevated Railr al came
up the meeting OF the Board OF Aldermen o nat clty
third Waid offered IA motion that the resolution offered
hy him May 10 should be taken from the table Mr
Fisher spoke considerable length upon the suggestion
in Mayor SHrOedcrs veto that the railroad company DO
required depOsit $780, 900, asserting That such re
quircinrnt would lie Injustice 10 the COmnaDy. Tie
concluded by proposing ann nineit 10 MS oigha
resolution "a clause To the effect ina The Company Dt re-
nuire, to build one mile in six mon.hs the
second nile in nine months, and the third IN twelve
months from the beginning OF the undertaking
Alderman Ruwley Chairman OF tine Railroad Commit
tee reported the of meeting with the contractors
of the rold stated thai the contractors bad The best
OF references and in his opinion they were responsible
for whatever they undertook Ho ntim,ed that oppo,
sition 10 the IA lroad actnated by cumberland
and insnccre motives" The debate turned upon qucs-
tiun of postponement of action upon the motion Ir Two
vote on the original motion Of ar Fisher was carried bi
vote of Is to g. ON a reconsideration OF the question
three OF those voting changed Their votes TO yea
thus carrying the melton by II 10 81