The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-11-28
THE 1I0RSE-RAILR0ADFUS
SINNERS CROSS-TOWN TRACKS RE-
LAID ~ UNION SQU1RE


Interference Restrniucd by n Supreme Court
1njunciion-A Chcck to Opposition OF the
board of Public Works and TO Mr.. Carey.
The railroad tracks that were put down
on the lower side Of Union square on Frid ~
last, and taken up by the Department Of Public
Works on Saturday, were partly reaid ycster-
day. The courts will decide whether they must
again be removed. President Sharpe Of tine
Twenty-third Street Line, who Is the mover In
this new crOss-town enterprise, neglect ed at the
outset TO get the permission from the Depart
ment OF Public Works to disturb the pavement,
and it was on that ground that Commissioner
Campbell, backed by the police, undid the
work. Yesterday Mir. Cimpbcll fanced that
President Sharpe would apply for a permit. and
he said that he would grant II on proof
OF the validity Of the charter held by
Mr.. Sharpe. Mr.. Sharpe made no such request,
but instead applied to Judge Lawrence for an
injunction restraining tie police from further
int rfcrcnce. The charier ana proof OF the raid
of Saturday were presented, and his Honor grant
cd temporary Injunction: Mr.. sharpe triun ph.
antlv had THIS served on Police Superintendent
Malling AZ about O'Clock. and thereuDOn Capt.
Bvrnc aud the Officers on duty In tho quar-,
VINO ma been under orders to proven any dis
turn nee OF the pavement, were told to allow
nohodv TO interfere win Nir. Sharpe's men.
President Carey Of tue Fourteenth Street Rail-
road active all diy, chiefly IN strengthening
the purpose Of COmmss nef mpUell IN ight-
Ing Mr.. sharpe. lie Insisted that tn. charter
Tor the Fourteenth street extension. which was
granted To the Blcefkcr Street Company in 1871.
bad been made iuOperafive bv tho bankruptcy
of tn It COMPANY. ana the trtnsfer of It's proper
" u Mr. Sharpe's COmDIuy.
T. rlN IN the afternoon r. Sharpe's wOrkmen,
VINO mad been idling IA Union square, were
10 work IN the ram, ami Il d o'clock thew had
I ken up the pavement and reaid tne timbers
from Bruaiwyy 70 Fourth avenue. Eight police
officers guarded them. Ihe work was not con
tin ed In the evening, but bv tn-nisht IL viii bs
finished unless Stopped Dy some new cOmpHcd-
ton
lhe question Of the VALIDITY % the disputed
charter remains for the supreme Court To uc.
clde ana II the decision is az inst MIR. Shliue
ne must take m the tracks. Mr. Carey aud the
OPP sing property owners in Union square have
not definitely decided on any COuf So. hey may
JON IL EN- loving counsel to quo against
making IN" nOu-iutertereuce Injunction pcrua-
nent. Commits ipner Campbell VIII be guided
hytho "dvice OF the Corporation Counsel Dui -
anxious To n We his dcp4rtmeuIs ticnt To super
wise the construction of street iiruads estab-
lisned. A. to tnat pnint. MIR. Sharpe holds that
the Board of PuOhc Works has no right to inter
fere until charter rivleges are exceeded.
and thht 4 * absurd To suppose tn permIssiOn
To build railroad must be obtained oi the boai q
after the LEGISLATURE mas confer ed the right.
lie { rcaien- to sue he city Tor the cost Of re-
| wing the tracks. Heretofore builders OF street
railroads. h We Obtained such Iermissiuns. An
other con- rOvcrey viii PROBABLY arse wuen tho
new line ATTEMPTS to connect with the tr tcks Of
the old line between University place aud
seventh avenue. Ia Fourteenth street.