The New York herald., 1876-12-14
RAPID TRANSIT.

PROSPECT or ITS ULTIMATE SUCCESS THROUGH
THE MEDIUM OF TIE couBTs--wHAr IS PRO
POSED FOR THE FurURE-A BRILLIANT PEo-
GRAMME.
Tne glorious prospect OF bcng hurried from the Bat
terry 10 Harlem al tho Of orsy miles hour for
ten cents, again opens to tho vislon Of rural New
Workers. Dweiers in the sylvan shades OF Harlem
in the near future tho realization OF hopes long
abandoned and well nigh srangied countless mics
OF rcd tape One by tho barriers erected by OBJ
structionists have boen cleared, and now Enterprise
hats but for a moment to leap the last hurdle Rapid
Transit, figured modern LAGOON, about 20
from tsc: the cingng rcdtape serpenis that have
long neia II captive.
fore the General Term OF the Superior Court on
appeal taken IRON the decision rendered al The special
Term of thai Court in the SUIT OF Jeremiah V. Spader
against the New York Elevated Railroad Comp pany.
HISTORY os THE DiYscvLrn
II Will be remembered that Spader, a resident OF
Brooklyn, some time since procured an injunction
against The Elevated Railroad restraining from
sfuctng or operating IFS line across she edge OF tho
Battery within the limits OF the park Mr. Spader,
who owns storchouse IN the vicinity, stated the
grounds OF his objcctons as follows
fUI-Bccause the PERMISSION gwen by the city Tor
thin use ol tho Battery prcacn OF covenant IN
the decd by which the city conveyed certain lands TO
one Smith, the pinins predecessor IN title, N june
1915.
Second-Bccause II is a violation OF trust created
by act OF the Legislature passed March, 1890, pur
certain premises described in that act.
The counsel tor tho road, ex-Judgc Emott, IN argu-
ing against the granting OF an INJUNCTION held that Tho
property OF the compla ananI not SHOWN bs in
Jured by the acts winch he seeks 10 restrain. Il IS
warehouse surrounded by warehouses IL Is used and
occupied solely Tor the purpose OF storage. Neither
nor any property near II Is occupied Tor dwellings IL
Is soy eet IRON the street adjoining the Battery and
the whole intervening space Is occupied warehouses
The abroad does not propose 10 take nor touch his
property IL does not come within 500 ieet OF IL, HIS
property situate IN street running pcrpen-
track. His property does not front on the
use; does Il front the Battery so as 10
be Affected by any use OF that place park.
He ,s therefore, asking an Injunction against
Of public property which the by Lcgs-
lature aud the city by It's authorities havo consented
ne not being ctzcn OF the city o New York, with
out showing any other interest IN the question Than
that every other citizen Of the Slate OF New York.
and without proving Or alleging any special. still
To which claimed by Tho plaintiff that tho
whole oi tho Battery was acdlcatod (the erection OF
way, much more an injury to any adjacent property
than the erection ot posts supporting such structure
as that OF The aeondan,s ana the use which they pro-
pose make of IL Counsel also claims that II IS
true, asserted by the counsel for tho paintih,
that It IS Intended by anybody TO turn The
whole Battery into railroad depot, nor Is there any
thing from which such purpose IN any remote future
be conjecturcd. The possible abuse OF power by
public officers Is no argument against us existence
ON other hand, might ba suggested that this su
is promoted, II not brought, not by plaintn who
really that his property injured
that feeling by any active interest participation IN
the litigation in person, but really The interest OF
corporations who desire TO throw every mpedI
meat IN the progress OF rapid transit road up tho
SIDE OF the city. II they can arrest It's FIRST step
they will cripple what they imagine VIII be iormda-
BILE competitor in their business.
FORTHCOMING ARGUMENTS
Notwithstanding these and other arguments touch
ing the invaliaty Of tho compaiuans ground the in
Junction issued, and thercupon appeal
taken 10 the General Term OF the Superior Court
THIS Court does not sit until January when argu
ment will DO had ana tho injunction IL all probability
dissolved. So strong Is the conviction in the com
panys mind tnat the appeal will be successful that all
the necessary preparations Tor constructing the Bat
terry branch have been made.
PUTURE
Mr. Cowing, the president OF the road. yesterday
informed HERALD reporter that all the iron, even
to tho last bolt, hand aud ready
tor USE II tho injunction Is dissolved Tho
President says the road will DO completed TO the South
ferry In few days. Tho great side branch which
follow tho line OF tho Third avenue 10 tho Harlem
River Is already under contract, and viii be bnilt at
the rate OF mile month"; Al this rate Inc road will
DO ompletcd to the harlem River In year. Tnat
part this important branch south OF Forty second
street be nut up in even less time, for the
work necessary construction has been made and
available When tho road reaches Forty second
street branch will be IRON Third u Fourth
make connection with the Grand Central depot.
Branches Will also connect tho Fulton. Thirty fourth
aud Ninety second street ferries with the main line.