New-York tribune., 1876-06-17
rapid TRANSIT.
ANSWERS TO ITS opp NEyrs.

ARGUME.T FOR THE DEFEN IN TIE sIXrH-'vR.
sUIT-RIG 'TS IN THE USE OF PUBLIC srRExrs-
CONsTITUToyALiTY OF TIE A6rs CREATING TIE
GILBERT ELEVATED RAILWAY COMPANY.
The trial in the suit against the Gilbert
Elevated Railway Company, brought by the sixth Avenue
aroad Company, Ia restrain tie building Of elevated
railroad reached yesterday the stage in which the plain
tiff having gwen it, evidence, the defendant Lad ~
pUrtunIy put forth its g. r. Lowcry opened for
the defense After stating the principal reasons urged
against the building Of the road by the paint.s counsel
Mr Lowery said:
Dr. Gilbert, gentl who has devoted himself TO
On sti on serius an especially to en- n-rrcr n
rs IT relates to tran, portafi OF uaseIgprs some year,
ago invented and patented railway to us in The streets
If cliirs, wncn called in all places, aud especially III
bis designation of IL IN the apca ION TO the PItcni tt-
tice q lbert's Improved Atmospheric RtilWa :" lr.
Gilbert was convinced that pass might safely aud
properly l,e transported through nOis by atmoshcr
powell lie went Albany aul en- ieavorcd To convince
meihneis "i the Legislature al IL Was icasiblc hctod
OF triIsp ,rnS Passengers through the streets oi New
nok lie talked WIN t9.in, ana came away d d,ap ,
OF 1871 he cud,avOrcd to enlist the attrution
partly az e,S. lie Wis ted AiSany in Isl. aud again
had Introduced bill which pnIpo ed to Incorporate tls
method OF rapid transit Bci re- nuDth hdI ai'sed
10 saw that IT was entirely ocl rs Tor h'm to draw
sympathy to ais metIod lie thrn p'o lIced to nc,e
them particularly TO tnose meinDcrs of the
Les.siatue VINO lad reused to support his iorni,r
t-e open air Tais plan was named by han
for TurpVscf OF distncon, Oilbers Improved Elevated
RIlwl." That Is the p.an named In tur cbai1cr ana
the Legislature authorized and empowered this corpora
tion 10 nane, construct, and ma utan an elevated rail-
Nay. 1CTc l. Stch tnius known IN mechanics ~ an
cvdted railway IL was possible ana competent lor
Legislature to confer franchise tI bmid an clcvdt'd
railway, ana such franchise wou.d ee complete, and
would require nothing more 10 make II comprehensive
ana useful
Mr.. Lowery referred at length to the amendments 4
the ug nal RAPID Transit act, which. lie ucd, gave
the right to tie Gilbert Elevated Railway Company of
constructing road ~ be operated by ste n He also re-
Ierred to the Commissioners and the powers derivedOm
the,r labOrs, aid said:
Inow come 10 consider the objections which undcr-
stood Ia he made Ia our use oi thes, powers la e
IoI pac, have rcsurrccIed-thal is not corrective
had or ~ ana produced TO as trust aFsin& unuc he
act of 1913, wnen was the basis oi the method under
which sIees held ia tnis city IL was sad that TIE
10 Coinlvsrs SiNth-lvc. had been taken
upon tIaf IL slOuld be hert lor anu as part
public street, avenue or square T"c tus wuicn
is exrrssed IN tee act aud whc nres oh. I" ne t'au'
think. t. answer the Objection here MA els mol cc-
meal "Isi %n a'i' ana EauS Sc,,,t. 20 s","H 'o ="
the title To these streets are tie hayoI,
Aldermen aud COmBonay of tie CITY Of Nw-fOrA, ami
tkcb O tuc Orslul owncrs was 10 use THE land 80 as
10 nEnc II serve tue uhhe Dutlse Is u shplo'eu ta,
the Legislature by in,euded TO aDan @ IT. power
every inca o. land IN tne ot,lei tiank not II
when IL t5insfrrted Zee snpe power l" tie haNoi,
Aldermen, ana Coinh"nhy 10 aJihdou iil p1Wtl Over
ticIn n,utiOn which would lrustlhir "
self Tne effect ol tue "fsineht tial has ue,n ii1d.
upOn the side would be To Acec every n'ctGod oi
transportation in cJ just In the way ~ now sanus,
tnat although III Ncw-JerseA, ANA Long Island ana
ltescilgers could br carried fa,Hd rate,
as soon as tiny crossed the river 'ney M M
Nov the l. li.lature. have said gives no evideuc.
the act OI 1918. wDcn II lhposto utoh tne t,'i.h
81 TINS lg8tiun uot Ia Obsru,t tc sticot u
lts abandonment oi las rlsh o,e the puoo s'icots n
ih.t control. II might laIrS be sad mat sO'ercl-n
lcls.uNc powers ale mover 10 Dc aldbul oi kI'th
away uu,ss good Plan liz ls ~9,u' "a ait US :" ,a
d"tc tnat pii"se' enli"so Ia' !, c.u'o' oe o'' i
thc lace hucn auiuiltts an We have Oh h' eJect
tina clear the mt nn might Dc "n tue pait 90
tle Lcgis.aiie 10 uh'e aO'hl'L'u tne tol V'e, %
tncse Streets IL had tie Hutnufty 80 10 uo, OI thd
aouOu would &c binding On ahy succeeding NsS
isurc.
In addition ~ the objection that 10y Of the oh
staolr uI tns trSt, II not within th. con"t"hcf q"
Inc Legislature 10 grant au,hor, TO efsel t..s Iaii"H
"a enjoying si Ili ir lnn pubic USE O."
Was tne objection tna, the RAPID Ir,is,' ac' "a uvu
-tthtiOu, ,nefeorr nV,nins MAS cciisrd under ~
Oar ol,ction urged against II Wac that tne act Wac no
that portion oi the Constitution ~"lcn 40" oonrs
undcr q',rstou. IL is te lstu section ot tc tniid
tuu,t tuition pr scnt Stands ahtid'd'
Tie l. isature shall not piss auy private oI oca'
DlIl g1uutin- to ANY oOrIOlat"n, association, oI
M. dual the ri.nt ~ ,y down raIfJId tricAs'
t.ik tia pJssiDi, sorir portion O the anSude "I'"
,ie ouus n tue oin,f siae made Toe Oi "n,n si."ne
vi - ucfiI laws. iDcAd Dy hIn To APPLY 10 lhv
objection, tbat lnis law in'0Ncd te dccSdon {"
ie.Islae powers. lie sand That tn nV, gcueral
Law IL dd not iu hous'd hon i'e 5isi-
tare. Nov, sup"se genial at In an AL P'-ssu ~
ctll,d upon 10 giNe "a ni'ti"b uicn
sn-h answer all cases OF wHa 10 general act D"t aii
tat Il required Is tht We shoii sh". ha' u "a, pd'
sage ui ..oI Constitution aud hs amendment.
nave not Dcen hiriheed nave uut Lcaln "nSeest "
any where oi by any bo"y any o hei ,i"hA "i sui iioss
ts act ~ NOT ~ JNt universal AHA ,"pri" oPNid
t.,u COIilsy aud every H'lh Ic
Stale las o,f~tou u hOt iIn "a 10 "hi
-pvche named IL Is Jusl li"e tue s"he d" t~-
roIu act. IL In jIst lac t.ic manufacturing acL
AIlrr the recess Mr.. LJwery continued bis argument
IIs said tact objection that either 10y s
s or by operation uud,r lie tcIn,, SPECIAL cOrior"
tiois werr creaieIsby Rapid Transit act lie was
unable to huI wnat forids the creation OI special cor
uortiuns except what lac uad previously read lac seu-
craI language of the sth Article oi the Constitution
required the Legislature ~ pass general Laws Tor all pu-
poses wlicn were The piblic interest IL was IA"
wner; stated that special corporations could not ir
tuued Toward close of his Argument IN speaking
Of the objections vut by the pnth. that the rui-
ming of the trains would shteu tno norscs On tue Skin
Avenue X tuad lie said lie tDou-hi the dhicuit' Wac
moi 20 much with horses IT Is WIN tne Stock
holdorrA"
Alter the close OF Mr. Lowerys address the oral ell
euc, of william T.. Burns, member Of the Assembly
and f n. abroad COMMITTEE of 1872, was taken, ana
the remainder tie day occupied 10y reading tsu
,,,i,y of Senators ID. T.. Wood Edward NJ Madden,
n,i Assembly ,!iau william sinytne, h of whOni Nrir
r,r ult beiOr. passdSc of tine bLl o lS'Z lhc"i
uorat,us tne pIesuut CvIiuDy-Df. Ghbrts "li6'hai
,Jc OF as lug thOug tubes DrIls dbaliohcu
--tur law was meant To authorize ai oirh t"d wan
and AL somewhat iosttluI 10 10 tu'
u,iu,,, of tns guards wnIcn Distinguished ~ u"its
nil AOnday. 4 suurt discu,siOn doNci'pei iuc Ide'
mai after te evidence l. al in the Counsel expect 10
occupy lnreu days wtd arEd cents
OPPOSITION On NINTTAVE.