The New York herald., 1877-10-03

izcd 10 construct, complete. extend and use such
road IN and through the streets and avenues de-
sisnated in the respective grants licenses
resolutions or contracts under which The same have
been 80 IN part constructed, and 10 that END the
grants licenses and resolutions aforesaid are hercoy
confirmed" The contract referred 10 IN said act
der which the sixth Avenue Railroad Company de-
rived and holds Us authority contained The following
provision THAT said parties on being required al
any time by tho Corporation, and to such extent as
the Common Council shall determine, shall take up AZ
ihcir own expense said rails such part thereof q
shaN DC required. ana on ailcre so 10 do 10 ten
days after such requirement the may be done at
Their exnense by The street Commissioners" The
said contract also contains provisions which have
never been complied with by said SIKH Avenue
Railroad COMPANY especially a provision In the
following words:-"rhey shall lle with the Comp
irollsr statement under oath, OF the cost OF each
mile OF road completed and agree 20 surrender. con-
vey and transfer the said road to the corporation of
tho cty OF New York whenever required SO do
payment by the corporation c the cost OF said road,
as appears by said statement, with ten per cent ad-
vance thereon
rne defendant has been advised ana deponent verify
believes that under tho grant and provision above
the air or alongside OF It's tracks, or IN front OF LIS lots
ns IL now claims aud mas also beon advised aud be-
ovcs thai the building Of It's elevated railway In the
manner prov .ded by law would not constitute taking
OF any right or property OF the sixth Avenue Railroad
Company when wonld infringe any provision pro.
tcctve of private property or tho obligation of con.
tracts As TO all actual property Of the Sixth Avenue
Railroad Company winch tho defendant may hereafter
require Tor is stations, depot grounds Otherwise IL
has never claimed the right TO take tho same, except
ARGUMENT couxsE~
Mr.. Lowery, alter the reading Of the above afDdsvt
argued At considerable length Ia support OF s state
menl lie contcnded that II the now code OF procedure
applies 10 tins case, the stay kod for by order
a matter OF right which has vested In tho defendant
ns course n consequence OF giving the undertak
ing aud II the new code does not apply the old code
expressly provides tor the granting OF stay IL was
claimed that tho effect OF the stay would DO
enlon The Judgment, but 10 postpone proceedings
enforce H.
Mr.. choatc counsel for the Sixth Avenue Company
followed IN quito iepsihy and elaborate argument,
contandlng that tho whole object of the motion was
TO prevent proceed lngs against them contempt in
case they should dsobcy the OF Judge scagwick
perpeiually enjoining tho building OF tho road ae
AppcnIs did not cover tho question OF damages to
property owners, whose rights he asserted. were
sacred The sixth Avenue Company had valuable
would be materially damaged and which the Court
should protect.
commencement OF the effort to build this Elevated
Railroad they had becn compeledto resist most per-
sisent cxcrtons TO build the road first and try the
right 10 build II atterward He did underrale the
opinion Of tho Court OF Appeals. HIS opponents by
that decision had gained legal standiug before tho
courts; they have now tutona law TO proceed
under but this did not give them the right rido
roughsbod over property rights. The Court OF Ap-
build, work your own way with tho property owners
aud proceed with your scheme. His opponents
wanted thls Court to say IN advance that they
would not be punished II they disobcycd tho order
OF Judge Scdgwick perpctualy cnJoning then iron
building their road uppc cation unknown Juris-
prudence. IL contempt proceed ings against them
judicay stayed by their appeal from that order why
execution OF Judgment pending AN appeal provided
they conform with the statute. A court had also a
cht 10 stay its own Judgment, but tnat power was
not so absolute rs the opposing counsel claimed.
Coun sci cited several support OF his posIton
stay may he obtained by appeal. but no motion
oi the judgment Judge Comstock continued ut some
length, disposing OF tho strictly legal questions n-
volved
About hairpast three Judge Van Worst adjourned
the Court until this morning AT which time the arsu.
men' will be resumed
THE NEW YORK ELEVATED RoAD-opiNINa THE
CONTRACTS FOR THE EXTENSIONS TO BE
MADE.
The New York Elevated Railroad Company received
scaled proposals yesterday for completion OF its
double track extension along Ninth avenue. from
Sixtylrst street TO Eghtyhrst street. west sde and
for Its double track from Whitehall street through
Front ana Pearl streets, the Bowery and THIRD
10 Fity-ninth street. with branches, comprising alto
gcthcr about three miles OF single aud SIX miles OF
OlUuble track.
As regards tho tho cast side, which viii
connect with tho west side road u South ierry, tho
route proposed already stated Is through Front
Pearl street. thcnce 10 the Bowery anu Third
t. Fiity.ninth street Branches will also be cou-
structed Connect with the lerries and
terminus oil the East River Bridge and with The Grand
Central Depot The yice presiuent Of the company
Colonel Pcon, announced That Us as the bids of
which there were cighy.oDc, eau be tabllatcd aud
ex,mined tho contracts Will be awarded and work
Immediately begun Every effort Will bs made 20
the Iincs competed by the lst Of next Janu.
ary; but should that not be pracuca5ie. the
road Will DO sufficiently advanced, particularly
the east side, to afford large additional facl.
itics to the travelling community. The cniet engi.
peer, Mr. Courtright in submitting his report to tho
president aud directors declared that the capacity OF
tho present be increased izctoriy
short Of Ing II u double track. The cunstruc.
ton OF double track tn side Of tho city
the South Terry TO Central PARK, distance Of nvo
miles, with equipments aud appointments necessary
TO It's full running operation, he estimates NJ Of
1928 0UO s32j 900 per mile. In tins estimate Is
included sixty passenger cars twenty-five dummies,
eight stations to the mile aud engineering TINS est
mate include the OF $215, 900 for
tate, car houses machine shops, &c., making total
of 81 300 0O0 Ito estimates the number OF pas
scngers per annum at Ia 100000 ana the receipts
81 $50 900,