New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1876-03-23
LOCAL MISCELLANY.
RAPID TRANSIT.
RAPID TRANSIT.
ARGUMENT IL TIE SUPREME CoURf ON TIE Hhro"i
oP THE COMMISSIONERS.

ARGUMENT IN SUPREME YUM N-' 'A-'- ''-
OF THE COMMISSIONERS.
After the rep0rt of the Commissioners ap-
pointed by MAYOR Wickham to decide generally on the
s,,or n, rand transit IN application made to the
Supreme Court, General Term, under the oatule Oh '
ground that the consent Of majority OF the properly
holders along the proposed route could not DE
for new Commissioners TO decide whether noWl'nStd"
ing such lack of consent opposition on the part u
propertyowncrs the public interest required tht INC
road should be built The substance OF their report III
favor of building the road through Pearl and Chatha
s,s tbe Rovery and Third-aye, with many branches,
and for est side route, excepting the part IN Ninety
second-st and Eighthave above that street. has beeh
already published. The motion to confirm that report
came yesterday before the Supreme Court Geherai
Term. ,.
tho rood fron Ninevsecond-s and the upper part OF
Eghtaye be either adopted by consent or sent PACK 10
the Commission to made conclusive IMAM the r.
port Is now Consent was refused
lanes Emott presented the report made, and bilchy
rpcting the proceedings submitted 1t to The Court
Joen l.. Parsons appearing FOR a large huinDel VI
propery-holders in TnrIye., opposed the report lie
declared that the Commissioners had decided that y
could NOT pass on any question Of route the Mayors
Commission having decided that question, ana so t'y
had adhered to route which would Inlet damages ~
the extent Of s2O,OOO,OO0 They had not allowed orH
testimony but had required aidGv5, ana 80 hau 'cn
the directors TO getting up printed All iavlts which ha
urally had little effect. The question being whether
the road was desirable, they had thrown Oh INC
olJectors the bmden Of proving that 1t was not
desirable at such cost to them They had not passed
the plans Of the structure or the Iodu, no y. ,
matter was all important In deciding the alhOdhO 90 %
age 10 be DONE aud the question was whotner or no. %
damage would De conprnsated by .he pDlic -,
the ptopcry -hoilrs were opp"'ed 20 .lie , in NJ
men ike Lewis G.. Morris, VINO owned properly az ~
IsaAia Il Aad been so%m py w. ecic2 OF
ali tiucou that The "Oneczgcd bridge "Ou.d io sun
serve tue desired ppost OF rape o'S.', az" va li'r
uisslOucis !ti II 10 tic IiIol lnlhPII!J ~ l,,,
or Wcld adopt that structure II hl btlh -hoHh
that the ~rconu-aye. rouoc would serve Tue pose u
sired equally or better, without destroying the most
valuable street la Ncs-lOrh, not excepting Br0a4"ay'
Il had been shown That IOurtu-i!e. beuS nicauy on
structaI, and the Gilbert Elevated COmpdhy htNhE
rIgit 10 build Srcoui-yc. access Ion many puiP"',
To- the east side OF the city wouid BE- pdctIcdJ 'dt
Off II had been shown that IN, rouie tlc Eiitt5
presented fatal obstacle unless at some points ito
face OF a uis inc Conan, - nal nrIs tIrf r'oi,
Tine Consultation conferred on AL pr"rFtS-nlucts 80 c
i , 'a nrd.i and ON tho form ~ tue proceed
lug There was here notice 10 property p cIa "a tu
49, ,r y. c, Il ,i,. any culnm-s Onel. II Ubjrctiuna
b, There MAS no lu. hearing. Only eight days we're
t,i, ~, ir,ii, IA ,rI, Iv ycry slight advertisement
az the meeting 81 the Commissioners and prepare inc'
objections. city has ucgn pdil DS tht ploI'tty
owners Tor the street and for is grading aud paving
and this which 1T least gave them some Mint was 10 DC
wrr-trd nom them without comp gn'ai,h. Ia, Coil'
sion. ~ had not decided rpur, since u't az" nor
whether the ROAD 10 be IN Tue s"e"aN OF III we
roadway TDey said tucy had no right {" 'ti1e tottr
Inc Mayors cUmms,I having passed "h mat 4c;
tey rejected part Of tie routc at Auc, secondai &c
,IIrl ON ny That mmls-ioI
Mr. prcAham. on behalf 81 propertyoTHrr' IN Tue
EpNc.t aud Joseph g.. ChOatr, ON bclai' ~ property
holders IN pcarl-,t. urged similar objections;
Henry 30 DAMS, A. j. Ndul'rP'cI. ana |ii hnot re-
!.i ii Length. claiming that tn prop ry-oWn'r7 alDhs
street. had right o. properly III iL' 7ieet, thy "u'
ever right LcY had TO app ar an JJ't Q" the use VI me
street ilr public purpose nuch ~ street railway OF
au elevated railway came rom tag 'tatug, anu
Wis rrI tcd 49, statute. The Legislature h"I power -
ap.ult the tribunal and scribe the notices 10 p'
..,i and p.uusa L, De uaI Tor me purpose u sSI-
fr..u, M crested die Do. IlnS and the pI5'ecdi1' OF
In. tomm.--.p were regular AMI Justified.
I'M InuIl I,s.IAul M, loo SION.