The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-04-03
RAPID TRANSIT.
The Measures Aimed to De-
feat 1t.
\ BRIEF BILL TO SAVE TT.
An Argument Before the Legislative
Railroad Committee.
ALBANY, March 81, 1877.

which certaia OF obging judges grant inuuctons
TO every Tom Dick and Harry that makes tho appca
ton. of course everybody Is aware that horse car
railroad companies at the boom Of twothrds OF
these applications, and the zeal OF ono or two
judges to carry on. their wishes by above
Suspicion. The people, not many years ago, rising In
their majesty, threw OF tho incubus of tho Tammany
Ring, and several Tammany judges to wander dis
graccd and branded about the world they quito
able 10 rid themselves II they 10. or tho
gcous street railroad combinations and their oblging
friends upon the Bench who stand in tho path Of rapid
transit. Year after year tho agents OF tho Third
nue. and other roads have infested Albany tho look
out and with the purpose 10 defeat any measure
designed forward rapid tronsit As already stated
in the HERALD they have this year concluded 10 raise
such sum OF money AS they think will buy over all
oppositon and put quietus rapid transit for all
time to Thor agents in tho Legislature have
Introduced bills aimed death blow to rapid transit
and they appear feel confident that they can sue.
coed. Provision has been made 10 watch tho opera.
tons OF these enemies OF tho peoples interest," aud It
will not be very difficult 20 yacate tho charter OF
any street railroad in New York that may BIO
proved to have contributed money influence lcgsla
ton.
ACTION CoMMIrTEE
Mono OF tho bills affecting rapid transit way or
the other has as yet been reported Thcro nothing
however, very suspicious In that fnct because the
committee resolved TO give tho fullest hearing to both
sides OF tho question long u hearing WINS desired
or demanded. Tho ultimate action OF tho committee
it Is impossible to determine. Human nature has
changed none since an adverse report was gwen on
Kian's "No seat, no fnren BILL and II needs no
ghost from tho grave 10 toll US what brought
about that result Tho bill which tho friends Of rapid
transit hope passed is short and concise. 1t
the whole Of and little than, tho ground
covered by the Ecclesine and Sckreg bills and is as
follows:-
AK Acr to regulate tho granting Of njunctcns In
The People Of tho State Of New York represented In
Mns%s s .ss
under any special general lag Of this STATE shall DO
under parsa"ncs This State no iaanc.
ton shall be granted BY any coar, Judge thereof
any,
nrs, had notice. unless tho plaintiff shall die
the judge he penalty q moi less thu" sco6
to pay 4. damages w, lhs defendant may us,.n
don after hearing trial hal aessrmin.ti"n
shall hs ike security in The Ike amour, as Required Of
TO he % i" sss % he
in the action tho Injunction prayed for shall DO
T r TO "ss Ses sa, BY the
SEC. 3. This &c, shall take effect Immediately.
MOUNTAIN OBSTRUCTION
The bill which the friends of rapid transit hope to
take northwest passage to everlasting oblivion Is
that introduced by DR.. Isaac l. Hayes. II provides
that person corporation shall DO allowed TO
build, construct operate or use any elevated railroad
upon along, above, through, any public
street, rond, avenue, highway public place any
tho cities. towns villages Of this State except upon
previous payment OF compensation, to be ascertained
and determined in tho manner provided In this act
tho owners OF and 10 all persons interested mort
gagccs, cssces otherwise any property, real or
personal, which may be injuriousiy affected by any
such elevated railroad, or by the u.s. or operation
thereof TIE second section provides that whenever
tho construction. maintenance operation
elevated railroad shall dcprcciae the value or other
wise ,njuriously affect any land, building other
property, real or personal, on or along tho of
any such elevated railroad or IN It's v,cnity the owner
or owners OIL and all persons interested as mort
gagces, lcssccs or otherwise IN any such property
the value, use or enjoyment OF which may be inuri
ously Affected by the construction operation OF my
such elevated railroad, shall DO entitled 10 maintain
action or actions IN any OF tho courts Of the Of
record In this State 10 recover therein damages there
for against the corporation or company, person or
persons engaged IN the construction, maintenance
operation OF any such elevated all
such actions shall DO tried by before jury not
otherwise. la every such action the jury shall give
such damages TO the plaintiffs or parties commencing
the action the jury shall deem to DO
fair and just compensation to them
and consequential, sustained liable 10 be suffered
by them respectively by reason of The construction
maintenance, operation or OF any ssuch elevated
Railroad aud after and verdict rendered
shall be perfected in ike manner, as other actions
tried by jury, and sucn Judgment sha be- pa In full
before any such elevated railroad shall be allowed TO
be constructed, run operated or continued IN use
The third and last section provides that whenever The
construction OF any proposed elevated railroad shall DO
begun, any person. or corporation whose property
real or personal, corporate or incorporated likely
10 be injured or deprecated by tho construction
maintenance, operation or use Of any such pro-
posed elevated road, any and every person
interested therein mortgagce lessee or otherwise
shall DO entitled, commencing any action for ro
covcry OF damages or CON pcnsation to All injunction
which snail be granted 6y any judgc OF The cour in
which sucn action sha be commcnccd TO and
prohibit the further construction Of such elevated rail-
road until such compensation shall have been
nj n mn ms 10
ANOTHER OBSTRUCTIVE BILL.
The obstructive bill Of Senator Bxoys !, In ono
tion and reads that mo right OF way granted
by virtue OF any act Of The Legislature OF the State
New York, passed five years or more prior to the pass
road or horse railroad purposes which right not
already been exercised by occupancy aud use. shnl
hereafter DO exercised, and where such right has been
exercised by occupancy and use. not wholly, but in
part the part not already exercised shall not hereafter
Here 1t will DO that II such bill became inv
the Gilbert Elevated road could never proceed beyond
where II now stands, and the Greenwich Elevated |
would have to stop nj Finy-uinth street, IN place OF
ARGUMENT or MR. CHURCH
Tho remarks made before the Committee on Rail |
roads by MIR. Simeon +. Church on tho necessity OF
rapid transit and tho nature of tho bill introduced TO
moro fully promote and secure IL clear forcDlc
lie gard the bull Is intended put
inJunctions But, while u recognizes and tho
rights OF the pubic aud OF these ions no nrc
seeking TO serve tnem, u denies In particular tho
rights OF the humb'est property owner or citizen. 1t
passes act almost nnously ny Ii did this and IL
Is signed by tue Governor, then something should DO
presumed in favor OF the validity and usc fitness of that
act ut least until there something adduccd assa IT,
And when great public interest Is dependent upon
act and capitalists invited by II and relying upon the
good talth ul It's provisions have millions OF
dollars under H. In the bona Hd attempt To the
great public interest which the intended to
promote, u is submitted mat enough presumption
should 20 with TO protect IT, and those netting
IT against the assaults OF men who. acting under tho
most selfish OF motives. are ready TO stop BY techEi
cal legal appliances At every step OF It's progress Thus
The New York Elevated Railway Company was cnjoncd |
IN April upon petty bond of $1,000, alter SIX |
months litigation and damage OF than 500 900,
the injunction dissolved aud the company permit.
ted TO resume ITS work. again was enJoincd BY
Spadcr, and alter nine mon hs' thradom and equal
resulting loss has been again released sun nnotcr
injunction remains undetermined, and, though Il re-