The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-06-28
Arguments Of Counsel in the Rapid
Transit Litigations.
Secret History Of the Blocker Street
Railroad Management.
HOW DIR. F00TE PUT HIS FOOT In II.
More instruments for the City Legal
Expense Account
AN ALBANY CORRUPTION FUND.
WILLIAMSON CONVICTED
AN ALBANY CORRUPTION FUND.
WILLIAMSON CONVICTED
The Scope of the United States Supreme
Court Emigration Decision.

There was continued yesterday before Judge Scdg
wick holding Special Term Of the Superior Court the
summing up argument in the SUIT Of the Sixth Avenue
Railroad Company against the Gilbert Elevated Rail
way Company. Mr. Joseph II. Choate, on behalf Of
The Sixth Avenue Company, opened the argument in
reply to Mr. Carter. He claimed that the Elevated
road had clearly power build any other road than
authorized by the Legislature With regard 10 Mr.
cartcr's argument that the modification OF the plan
proposed the road being supported on uprignts and
not covered OF the police power OF the
Legislature, he protested against taking for anything
else than what they to mean the words Of
sltutiona amendment intended for plain people Of the
State. The constitutional amendment January 1875,
says:-sNo law shall authorize the construction or
operation of street railroad except the condition
that tho consent of the Of half tho abuttng
property and the local authorities is obtained II the
defendants relied their subsequent he concndcd
that they must have such consent If the defendants
rely the power Of the Legislature alter previous
acts then the reserved power Of the Legislature must
yield to the expressed wish OF the people.
He discussed length the constitutional questions
involved in he controversy A clear analysts was
given Of tho voiumnous testimony offered both
sides, and he urged that this testimony showed con-
clusively that running OF tho Gilbert Elevated Rail-
road the track OF the Sixth avenue road, III the
manner proposed would be the ruin OF the latter
road complete notification OF its chartered
rights which, he claimed the Legislature had right
TO do without full and ample compensation.
ExJudge Porter replied behalf Of the Elevated road
He said the plaintiffs had already excluded every other
OF conveying the public in large numbers on
hat avenue except the proposed road If they ex
lude all other means then all who future will
rave occasion traverse that artery OF health and
commerce will have to travel their terms, and by
their conveyance They will have travel, 80 OO0 900
year them, two hours day standing nve miles
an hourct:zcns IN the midst VI pickpockets All this
Is OF no moment to the Sixth Avenue Railroad
but it is to tho courts and the community. It
10 OF NO moment to them that an hour and a
half day be rescued for business and the family
But the people, the press and the Legislative Commis
.oners have declared the necessity and IT is too late to
light against it, The question has been already nd
judged, not by capitalists Interested buL by men Of in
tslisct and men OF mark, who decided that it was
matter OF prime necessity for the city OF New York
that there should be rapid Sixth avenue,
and that the oorsc railroad insufficient the
nbus lines were before It, though 1t might be useful
auxiliary. That commission wcgnt and
authority, and Endorsed by who devoted
their lives the study OF ihe constitution aud the
wants Of New York. Judge Porter commented on the
readiness with which horses on tho terry boats get
cSssomoo % the thunder ana whistle o. an engine
horse up TO the mouth OF cannon There
Vas. not horse which not first
frightened at oninibus street car, steam
gne or steam WHISTLE or hasrsc or in crossing by
terry scow, procession with bands and banners,
be made noscless, aud signals be given by pneu-
masic tubes and the smoke be consumed in the
Rne The defendants have the capital and the means
TO do IT, ana they will havc elevators for the passen-
gers ~ every station He then referred 10 the nine
oe @ mrs, 70
that tho only question was. not whether the defend
ants were authorized TO make the road which was too
plain, but whether the Legislature could empower
them. Ex-Judge Comstock will make the conciud ng
argomens this morning on behalf Of the Sixth Avenue
The examination Of witnesses in the suit brought by
tho Ninth Avenue Railroad Company against tho
lerday before Judge Van Hoesen in the Court of Com
mon Pleas The further witnesses examined wcrc
George c. Coe Charles Demarcst, Thomas Dore Loss
Ing N Fuller Everett 7. Wheeler II. H. Claiin James
r. Taylor, John +. Luth. Thomas Flynn aud Edward
Flynn. 1t was simply cumulative testimony. In this
suit there have now been examined sxty-sevcn wit
Tor the defence against eIghty-scyen examined
for the plaintiff An effort viii be made finish the
examination to-day and sum the case up tomorrow
next day.
THE BLEECKER STREET RAILROAD.
The previously adjourned examination into the az
fairs Of the Beecker Street Railroad Company con-
tnued yesterday before the referee, Mr. Isaac Dayton
Mr. O. B. Bright counsel for the Twenty third Stree
Railroad recalled Mr. George wtzen, member Of the
Legislature during last session. who testified that he
The receiver in Albany during the session before
The Committee Railroads. on nation by
Mr. Kobbe the witness said he introduced bill 10 re-
receivers Of corporation properly the applca-
lion Of two-thirds OF the credtors the bill handc
10 him by Mr.. Sharp. whom he had known for number
OF years. he did think he asked by receiver
why he introduced sucn rascaly BILL and made an
that no could help It, he played poker with
Jake Sharp tho Blossom Cub--thc question on this
point he regarded without foundation hc remem.
bers OF but two bills having been given him By Mr.
Sharp, and those he resented for him.
John I. Conover, beng cross-examined by Mr.. Al
gcrnon s. Sullivan behalf or receiver, testified
that he was not the bookkecper the treasurer OF
the road and could give explanation Of tho pay
made under the head OF protection account;'
appeared on the book that some OF IL
was paid 10 +. K Butter, but he could
not tell who T. r. Butler was unless he was the
President Of lhs Sixth avenue road he supposes
mon.y was paid 10 some one 10 90 TO Washington and
keep force tho privilege OF charging
each passenger while the fractional tax remained in
force against the company; he aud Mr Butter formed
committee TO induce the newspapers TO advocate the
charge OF the extra cent; as such committees they
sailed late Horace Greeley. and explaining
TO him their business his answer was "Gentemcn
my experience farming Is that the price OF produce
10 coming down and under such circumstances
could not advocate increase Of iarc;''
the sum Of $1,000 IN the account
Seventh Avenue road; Foshsy around collecting
and said the road assessed that amount; the
Of 900 In the account WIS spent as TAR as lac Knew
Tor dinners and suppers, &c, al Albany tho same had
bcen the custom nearly every year. thor representa-
tive IN Albany being y. d. Conover; since 1913 they
had rcprestntative thcre hc Knew the 80 600
raised by notes Of the company, could say il
thu Tour So 900 each, introduced testimony
the used tor that purpose; he did not know
how much OF the Bieccker Street Companys ground he
occupied to store lumber or how much u was
worth; he did not remember instance Of propo
sition TO lease the Blocker street road when such
proposition did not through director OF the
road, but he did think they had anything 10
do with getting u up; he did not know that At
the time the receiver was appointed there
about 81 400 hand deposits by conductors which
has never into the hands OF the receiver did
he know what became oi IL; he never handled any Of
those deposits except TO The sums roll them UP
IN paper and scyd them INTO another with the
depositors name; the lrst night the
there lac kept set OF keys 10 the safe and witness
had another; when the recover took possession the
company three weeks In TO employees. and
bad continued for time prevlousy the current
expenses Tor salaries were abo $1,000 = week. they
had about 400 horses the the receiver came In
and about thirtytwo cars; his bonds and
stock he received from the but paid the CON-
pany nothing for them, having previously paid thcre