The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-05-14
FIGHTING RAPID TRANSIT.
THE WORK STOPPED TO 0TpE THE
LdWYERS TIME TO talk.
The Rights Of the Gilbert Elevated Rond,
aud tue objections OF the sixth Avenue
II0rsc Oar I.ine-OriRinnI LcRislntion.

Tho Rights Of the Giibrr Elevated Road,
aud tue objections OF the sixth Avenue
Horse Car Line -OrigtnuI Legislation.
The legal struggle OF the Sixth Avenue
ltlilroad Company, to prevent the Gilbert Ee-
waited Railroad Company floh proceeding TO
construct their road through Sixth avenue
under the several acts OF the Legislature autho-
izlne It to TO built, was before Chief Justice
Mcneil, In the Chambers OF the Superior Court,
Yesterday upon argument, on the motion to
continue tho Temporary injunction granted by
Judge Speir. Joseph II. Choate stated the COM
Dlaint and ffllavts upon which the order to
show cause was granted.
Tho compliant alleges that the plan OF ele-
waited railway referred to In the act Of 1872, and
Intended by tho words "Giloert Improved Ele.
waited Railway" contained in the act was the
DIN OF "A tubul rrailway, operated by pneumatic
power; that the construction OF such an elc-
vated railway as lie proposed would be an en-
croachment upon the Sixth Avenue Railroad
and franchises OF the company; that the hede-
ing in OF the Sixth avenue road between the
rows OF iron columns would inevitably lead to
| selous ana frcqit ntaccidents, In collisions with
the iron col'im $ on the pat OF passengers, aud
| ~ the breaking of passengers arms ana heads
| That the running OF trains propelled by locomo-
i've steam engiDes pom the COntCni l.ted elc-
! Ndted r ilway would ruin the plaintiffs road,
render ITS upcrat N impractic ,blc, ana that the
y
tr III OF cars propelled Oy steam power, passing
upon tue cnntempla ed olev ted railway, would
So ttrtfy The plaintiffs horses as to render the
| unmdnare g le cause them & iun away o. in
| Jurc themselves, or swetve from the rai;rO I'd
| u. ck ana smash the cars to which thew snOLl1
| be attached against tue iron columns; anu that
| the Likelihood OF tlo occurrence of sucl an &c.
| clients wouil deter people from rid NJ IN the
| plaintin's c.rs, and that the plaintiffs horses
aud cars would be VI blc t. iuiuty or to 10 snilsd
from tue drippinl. Of iro, 'ihdcis, ashes, airt.
| or other things, or the duppings ct uil or dirtv
wat from tue defendants tracks Or tucir BASS
| Ing trains.
THE oTurR SIDE.
Mr Stone then re- d the an iayits on the other
| side. Rufus II. Gilbert, IN, ertor OF "GiloeU's
| III waited X dlway," IN MS atiii wit denied tnat
u I pll OF Railway was tue tuOultr or atWOs-
pneric ran Sav. as Gained b, the other side, out
tut th - wa an entirely different pin, prevods-
| ly invented ny hun.
during tie session Of the Legislature OF
| ISL" lie says, 81 caused to he presented to the
| Seuate biii priu lug GARTER t. construct "A
| railway according TO NV tn "spneric plan.
| which bill Den we never repOited. | was
then, as "ow.am, strongly ~ favor OF the aplli.
| Cation of atmospheric y Iwer to the { rriuge OF
passens, r.. tut learned at that time. that ucr-
sous possessing capt. were indisposed To IN
| vest tine sAmeIn wh. they regarded as IN expert
| TIT ntal method. and Accordingly n lSi2 IN kiug
he acqL iutaice OF Mr.W Foster, Jr. Pre- sidcnt
OF tie defendant, and ntuers WAC wete INF er
ed In tue su } e. Of Dui. ding rapid transit rail-
| TO "a In tuls atty, united with them In prose-
chting aud pro noting before IN, LEGISLATURE, an
Application Tor the Cnar cr. witch was II ialy
grsnted 10 tne GLOert Elevated Railway COM
pdny."
Spea@e1 james W liustej. tn { the KIND OF rail-
Road understood oy ~ Leiisl ture at the pas
SAGE OF the act OF lS1. W tic tubular.
ar. Gao .te inca deliver. "a the ming ar.u-
men. on hehat OF toe plaintiff. Nr, gr 1T
p9I'ie ana pri'a interes's w,re inyoIyed' he
| id. On DO s,ues. II tncy were before meas
| = per r,OLnal he SHOULD proceed to tue ar-I-
men' OF the case with consiLcrlnl. les coun-
utnce, ltr thtFe setintd 10 u" an idea anbat
tl,t TN. r. was no uecrssi., Tor paw Z any r.
rlto t"c r.Snts OF tr'vAt, uropcr.Y Nnen lncY
came Ia cunIic win .sp2ose pu1dt Co., 'cs.
st.l; aud tnr cr.-t CONSTITUTIONS saf'-ulrds
Mhich ~, re 'r1.sded Ia at REGARD, seemed nJt
Tue piaintid uresentt use. oeinre Inc Cour. ~
u dDUbic CAPACITY. m vested Win Vciy valuable
rEl.s In tituer f,r o.. Of lrs-eutl ion. IL ald A
cor crate franchise trOn tue "a coming vi niu
TIE Seunlli1n II prnp,r,, ani L. n.d lur,utr
w W. me s','ast Ell , cay ct rper;, o% o er
invested Ia ucc .uati ms which Laa lrJyu az
iro.N t"e rec gniI u chiric,cr OF tno ayenut.
Tue rLAIN1IFfs INTERESTED.
There was no ques ia that the ercc Ton
OF me prop ,sei elevated road w1ud ue
~ yist acclt'nulited m we to that property.
he plairt'n owner Of large numner Of lots
In crest IN ITS franchile ne claimed 1t hdd "a
con rsct lin tie CITY. afterward uhirned Hnd
| made ieel aid absolute 10y the l-si-lature
| Under tnat cnutric. they II d ri-h' u run ca :
IN tue s.ne wy they had been dong, aNd M
| hat usnt tucy 81 itned - nave sup-tluI pro
| lection rpm the ecu L, excluding ANY inter
| r~uce or cuftailineuis. Tue cons rucuon ct a
road uJon or around h"in WAS taitiug away OF
ia, ir ri-nts 81 pro ~r.N wnicn even tnr L-ei-li-
tnr- wa not Competent 10 Go witn at 60 npen-
u
nutluR oNIci' on lhc avenue ~ the hct OF
1866 uud wnicn the avenue vs. opened, "a
~ had Oeen cie,te Which fend .uts pro-
to,ed 20 iainplc uu"n-tnM tie street sho nd
oe pt forever open for the purpose II my o.
wa,. ihe use now ptupOseI Tor the street
deceived " almost ausnlu. 81 Of any f. ttirc 81
nature Of q hi.nw " Il wa, puoiic nuisance.
uuiig special inJdr, to them, b tn - uNnets OF
IN fr,ncniss ana Of prom r.v on the street, uu-
less dcteuda It's MAJ seer fuzzy aitn M al to
on-truct the road. aud they bed not ulaer Tue
acts 81 tue Ls-i-lAtdte acquired any 81 IA Law lu
authority. Ineir charter Of le,2 oIie prIpo,ei
| the buhllng 81 a tuhul, rodu, and they wcr"
r stricteu la IN III muu, OF Construct Ju, wnicn
" 3 To rest iron columus or arches from curb to
euro On supports ~ tAs u,iIdic ~ tne street.
| iue cOnstltutio al amendment Of $50, req iir-
ius tle cnnsent Of ona NAT tie prooer1y owners
ON tdr route mai nos been complied VITA, even
| thnuyi there W = legislative authority. Tue nc,
~ TX. } Wns void because II delegate, legisl awe
| powell Ga COMMISSIONS. TIe soil Of tue street
b-iHg unc properly the act OF 1878, wa n ap
| proprated IL to "A local use, WAS VOID, because
| no. SEQ oy two-thrd vote.
ThE RIGHTS OF THE PLAINTIFFS.
| Mr.. Anderson In reply sid very little had
| been I'd and vtnihg assumed To the
rigut 81 The plaintiff 10 ask tue Intervention Of
tue Court. Tue ollY contract between u and
the cIt, was tue consent ~ the Common COun-
ell In lejl - lay rats uppn certain streets, and
that tuey run cars thereon. In- comp nv. IL
Ell ed. were r'quiied, NJ any time when
directed, To take up tncir rails az their own ex.
tense. and the legislative act II 1854 only affirm
ed tue Authority gwen Oy the Common CIuncii.
Inc trust, under the act Of 1913. WIS To Le eXef-
c sed tor the benefit OF the penple II the State,
aul they, turuuln tue l. 'gs iature having Hu-
ina f,ul'. MIR. Anderson arsu ~ lenIth, In
conclusion, tna the comoauy mai tuii lrg-l =
Luve authority to construct the road as pro-
DO ed.
He was followed by MIR. Carter. The argu-
Il Gu vii. be closed to-morroN nv tx judge
J IN Il. Porter fur the Elevated Road. and
Aies rs EydIts ana COipstOck Tor the SIKH Ave
uuv hOaJ.