The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-04-28


macadamzed, or, II the expression had been
bular ways and tramways u would exclude all tram
would be n contradiction In terms. There IS
mention by the Legislature OF tubular
a,, s an' ,nenmac sn n all
way has existed. anu such term is known
either IN scientific language or popular parlancc
Nothing he clearer than that Il railway, rs that
term is universally undc stood Is tube way, an
enclosed cylinder within winch wheels cannot run,
and lie equally obvious that railway Is IN no
proper sense cyndr cal case ncloscd in tube aud
moved back and forth by pneumatic power Such
that the Legislature ~ such the plan would have
gwen 1t the niisnolncr in tho title OF tho bill OF the
Gilbert Elevated Railway Company, ana proclaimed
that title that II was to provide feasible system OF
ccivabie that any ono but an inventor. looking
only to tho single dcsdcratum OF speed
could SERIOUSLY rn spp lss ina. human beings
shifting conrivnnco Tor the sake o! obtaining speed
Of SIXTY miles an hour luis also very significant that
Judge Sedgwick was against the another
ground, found rs matter Of fact, that the Gilbert
plan referred 10 in the charter that OF open
steam railway tor passengers, In combination with
pneumatic tubes for parcels. Thus VIC show that IN
the language o. the constitutional amendment,
and prior 70 IT'S adoption, tho Leg isaturc
did grant to this corporation tho right 10 lay
railroad tracks, and did authorize the construction
and operation OF street railroad by tho respo ndent
at time when the legislative power was unreslraued
in this regard and no consent The property
the street equivalent authorization required
and this vested right has never been forfeited or
voked.
Tho alterations In tho mode supporting the rail
road track, IN the SIZE and condition OF tho columns
and in the dminution OF fares mado under the rapid
transit did impair affect the identity OF tho
Gilbert Company and Others similarly situated, OF
vested right to construct and operate street RAIL
road on the route IN qucstion--a franchise which
has never been forfeited revoked. Alter citing
authorities this branch the CASE judge
Poser proceeded to argue that the restriction tho
eighteenth section OF the thrd article Of constu
ton, ms amended IN 1875, requiring u consent OF tho
adjacent any equivalent anthorzator by tho
the construction operation OF street railroad mad
no application TO cases where tho right had. been
granted under aptecedent laws, and Ind already be-
vested right OF property so far rs tho consi-
tntion in the right or tho respondent under
the previous laws authorizing the construction and
operation OF elevated railway these streets with
consent OF tho ada cent owners, vested,
complete ana absolute
WHAT Tnx RAPID TRANSIT ACT MEANS
The RAPID Transit act Is not private or local'iaw
the eighteenth section OF tho third article OF
stituton. On the contrary, IL is general law MS
passed in Obedience TO express constitutional
mandate The Legislature did not iEtcnd 10 permit
road TO DO constructed except where 1t was iarly
necessary. IL intended tho selection routes SHOULD
be governed not by the suggestion OF sentcrest, but
by lust regard Tor the public and Tor all
private that might be affected II Intended that
no road should DO built except such form should
secure tho public safety aud occasion as little incon-
vcnicnce possible. 1t intended that the plated
privileges should be conferred upon those only VINO
could furnish satisfactory guarantees OF their aby 10
prosecute tho enterprise. anu IN order TO accomplish
this did all that 1t could do, and just what was
commanded TO do by creating in general law The APP
propriato machinery for cfecting this object. Tho
transit neither private local II not in
Tended Tor the private advantage Of c9rpora,lons or
not affecting the interests or The whole
community. Tho extends In its operation to tho
whole body poli,ic,s territory wen rs ts individ
ual mcmbers IL provides for tho whole public, en-
bracne every city and county in tue State. IL docs
not violate the provision OF tho constitution which
prohibits the Legislature from passing any
private or local bill, and It is Tor tho
very rcason that such corporations not
pri,yn rf In
clause question that the State cOnfcrs upon them
the right to exercise the sovereign power OF eminent
domain the one hand, and the other retain
supreme control over the exercise of franchise that
belongs to- The State tho people in their sovereign
commodious ways Tor the OF tho pubic large.
The order Of tho Court below should, therefore, BIO
confirmed
ARGUMENT ny mox. WILLIAM NJ. rvAnrs
regret, u Your Honors please, to be situated In
the distribution ." tmc Tor this argument that thcro Is
no opportunity on my part TO make up Tor any en-
croachment oil timc on The part OF my predecessors
represent, II Your Honors please under rcaincrs Of
many months DURATION tho property owners interested
in opposing both of these attempted encroachments
upon the occupation OF the streets OF tho city Of
New York-thc ono known the Elevated
Railroad. and the other MS the Gilbert Rail-
road; and also represent with other counsel, tho
controversy betw cen street raroad-the sixth Ave-
nue. Railroad and The Gilbert Elevated Railroad-com-
mcnced and sun pending ~ the superior Court oil the
Of which appeals have in either OF these cases.
not tho interest OF The Sixth Avenue Railroad
any other street railroad They arc tho controversy
between property owners on the routes which are
sought to be occupied and in defence OF their
rights as owners OF property under our con
st'iution and laws aud protected by them
They have special relation 10 tho attempted
cncroachmcnt ana disturbance these routes OF
properly which belongs to the abuttng owners whose
land has been takcncitncr their land the land OF
their predecessors IN title has been takcnor the
pose ana under public trust 10 be forever kept open
as streets are ana OF right ought TO be- Much has
been said OF the great interest Of tho public in COM
n"ys ana opu0us a rms S,as 70
opment, tho health OF the pcoplc aud tho
prosperity Of the State all demand that rapid
transit shall DO executed at whatever cost TO prop
euyycs. agree ut whatever cost to property, where
ev~r property protcccd but mt no cost TO property
10 guarantees OF tho constitution, which is tho
Tor these adventurous asprants 10 nccomo
owners Of property as II IL Tor those who now own
property ANA II .nis great that they spouse
l. 20 impor, the commercla ami popuo Gus por-
ton - ins state the interest that defend Is
,na, they seek to ,ravcrs. this n.cres. s''s Z
great snat should lrampc over a. utug proprie-
tors, the interest that represent tho OF tho
abuttng pfoprietors for ali property everywhere to
protect II alainst tho violation OF law and Oh the
siiluton Is less true the developed government
ana civilization and justice OF freedom than 1t was in
Rome under unwrittcn CONSTITUTIONS
FIGrRArfvE INTERESTS.
Your Interest stake when your neighbours
house is on IRE and all the streets ia New York and
all The property the cities OF the State all tho
property IN tho rural districts of the State. This ag
taton touches their property, for II great public IN
tcrcss be executed, 1T whatever TO other
plc III this case, they can, when the arises In
any other case. am not amazed, am amused, at
tho indifference which these railroad corporations lee
for the property OF other people where that TO be
sacrificed TO the advancement Of their own gains IL
Is like the absentee IRISH landlord, who, when ma
balm wrot6hi i'm from tho oil the collections OF
rents that unless he reduced hts rents he feared he
should not be able 10 collect them, that the ten.
ants had threatened HIM that II he persisted these
demands his life would DO safe, the landlord ro-
Piled, collect all rents do not abac a shilling OF
thcn aud as for tho threats against your life they
VIII never move mo from my purpose" Now rapid
transit MI abstract matter, Is attractive to every
interest
RAPID TRANSIT or THE NEWSPAPERS
Ii was In reference 10 that cspousai, SO vigorous
public prints OF rapid transit in the abstract that
TO produce an nGnlhilaton OF time and space, that
former argument venturcd TO illustrate by cumpar
Ing with tho Arabian Nights fiction, That by seating
yourself a carpet and wishing yourself transferred.
your wish was accomplished. That is The rapid transit
vi the newspapers; that Is what they are all IN
favor OF. But when you conditions
ncxorabc OF time and space and eng nccrng and cost,
thon you must submit 10 those limitations, both or