The New York herald., 1876-11-26
A STREET RAILROAD MUDDLE.

COMMENCING TO LAY a NEW ROAD ON FOUR
TEENTH STREET WITHOUT A PERMIT FROM
THE PROPER AUTHoRITIEs-THE WORK EN-
JOINED BY THE COMMISSIONER OF PUBLIC
woRKs-oPPosITIoN OF THE CRossTowN
RAILROAD COMPANY.
Another controversy between competing street rail-
road companies has arisen which promises to furnish
considerable empo for the courts The story Of
the difficulty is as folows:-The Twentythird Street
Railroad Company commenced on Friday morning
to lay track on Fourteenth street, west
from Fourth avenue, for which they had
previously obtained no permit from the
Commissioner OF Public Works The TACT was reported
to officer late the afternoon, and Immediately
order gwen tho Police Department to stop this
work. This done at tive O'Clock on Friday aftor-
noon but yesterday morning operations were again
commenced, and in consequence OF their refusal TO
comply with the orders of tho Police Department
number OF workmen arrested and taken before
the Washington Place Police Court IN the afternoon
This cnec.ually stopped the work Of laying rails,
but subsequently 10 the arrests men commenced
TO replace that had been taken up from tho
street Commissioner Campbell, however, went up
there and put stop even 10 that.
The Commissioner claims that tho railroad company
has power commence laying road without
proper permit from his office, IL the company had
legislative authority He did order police 10
make the arrests, but they. OF course wonld
him enforcing authority. The work
entirely without the kuo OF the depart
ment, had they been ntereie ed with It is pre-
sumed that labor would have continued all Friday
night, order TO get the track down soon as posi-
BILE.
THE rwExry-TnrRp STREET COMPANY
claim that they required no permit whatever from the
Commissioner OF Public Works in order to build the
road They say that IN the original charter Of the
Bleecker Railroad Company q franchise
1ccnth street, and aso the power TO lease this right
Tns accordingly done 10 the rwentythird street
line, and upon THIS the latter company claims the
right TO construct Some time since a few Of the
stockholders OF the Bieecger street road claimed that
the lease invalid; but the Court ruled against
them, and said II the Twenty-third street road was
paying them rights which they Tho Beecker street
roadl had power to lease why, the more foolish
Messrs. Flanagan and Bright, attorneys for the
Twenty third road, say that this company not
the work on street al all but
on the contrary that they leased the right pur
chased by them from The Bleackcr street Railroad 10
the Christopher and Tenth street Railroad, and the
latter company Is prosecuting the work. Mr.. Jacob
Sharp President of both the Twenty third street
and Christopher and Tenth street roads, and AessrA
Flanagan Bright sockh IN and attorneys
for both. They deny tho right OF Commissioner Camp
bell stop the work. and threaten to put effective
Injunction that ofcer should he persist in refusing
y permit TO the builders
rns cRossrowX RAILROAD COMPANY.
And now comes another party Interested in tho case,
viz, the crosstown Railroad Company, OF which Mr.
J. B. Slawson Is the president Thcy denied, before
trc Commissioner Of Public Works, yesterday, the
right Of the Twenty-tbird street road to build
Fourteenth street, asked that before such permit
is granted they may be gwen hearing The matter
now lies in sfdu quo and Will be thoroughly nvesti
gated by the Commissioner OF Public Works, who will
nrst obtain advice from the Corporation Counsel
Mr. Simon Sternc is the attorney Tor the Cr0sstown
Railroad Company, and yesterday protested against
a permit beng granted until hearing could be had
from the Crosstown line Ho says the protest is
tered mainly the grounds Of existing constitu-
tona amendment relating 10 street railroads. which
prevents any street railroad IRON being built without
the Of properly owners and the authorities
that the where such road Is Intended
He says that under the amended constitution
there is no authority Tor building any street
railroads whatever, the amendment re-
fcrrcd to merely contempates act for
such legislation roads can be constructed.
The Twenty -ihird Street Company claim to have pHr-
chased from tho Bleecker Street Company right to
build IN Fourteenth street, which granted 10 the
latter company in ls73 Mr.. Stcrne CLAIMS that the
road has authority TO take such lease nor has
the other the power To grant H. Hc says they have
never applied the Crosstown line Tor their consent
and they cannot construct the line without run
ming into the latter in some part Of the
route lie says that he represents the
Attorney General IN this business, who opposes tho
permit through him the properly owncrs on
Fourteenth street. lie intima'cs that tine stockhod-
twenty third Street Company are equally In
the Christopher ferry road and that their
idea is TO connect The two IN some manner. Mr.
Stcrne also believes that the lapse OF Imc which is
limited the discretion OF the Court would prevent
the present carrying out OF the franchise, when was
originally granted to the Beecker street road