The New York herald., 1877-07-07
RAPID TRANSIT.
More Observation-Disclosures Move
on the Legal Ohesr Board.
THE GILBERT RAILROAD IyJuyCYIoyS
A Pursuit Of Profit Under
Difficulties.


less observed that In vicinity Of Forty frat and
Forty streets excavations being made aud
sierous looking OF iron here and there rest
on the roadside as II awaiting future use connected
her.wth These holes Intended for the reception
OF the columns on which eupcrstructure Is 10 be
built by the Gilbert Elevated Railway, similar TO that
which is to be Greenwich sweet and Nin,h
avenuc The law. however, has again been appealed
to by the obslruciionss, and TOR the momsn--and t
IL to be hoped only The inoment-work IN front of
one premises has been enjoined n.
reporter OF The HERALD yesterday called ON Mr.
Edward Lauterbsch who Is OF counsel for some Of the
plaintiffs, ana IRON HIM received the following clear
and comprehensive review oil the situation from his
standpoint fHH te IifA
LOOKING ovga rns BATTLE FIELD
Mr. Lnuterbach said. -"Inimediatciy upon the de-
cision OF Judge sedgwick IN the superior Court. the
effect OF winch was to cnoin tho Gilbert Elevated
Railway Company from constructing in the centre Of
the they originally proposed 10 do they began.
or rather contemplated II construction OF dnerent
character, which involved the digging up of tho
sidewalk in 'front.' OF the Harvard rooms
the of Sixth avenue and Forty
second street, owned by our client, Mr. BENJAMIN
j. Hart soon as they began 10 break ground pro-
cured injunction from Jndge Donohus, restraining
them from proceeding with the work in front OF the
premises. This the 10Th OF June. This In.
er,y, and tho next day tho company proceeded WIN
their work front oil the adjoining premises owned
by Mr. Harishornc, when, believe, they have not
yet been disturbed. observed that application
hnd been made TO the Commissioner OF Pubic Works
by tho Gilbert Elevated Road Company Tor leave to
prosecute their work all along the avenue the permit
under which they began extending thor privilege.
however, only from foryirst to Forty second street
ON west side: side beiua under the turis
vet gwen the tearing up OF tho sidewalk.
believing that tho work would be further prosecuted
soon that permit, obtaiued secured another
injunction iu the Court OF Common Pleas ron Judge
Van Hoesen restraining them from Interfering with
and SIKH avenue winch has frontage OF scventy-nve
feet the avenue, and ,he plaintiff IN which ACTION 10
NEW QUESTIONS
The questions In tneso new cases arc as tollows:-
The plaintiffs claim that II the rapid transit act known
as tho 'ioslcd act Is constitutional. rs tho Snpreinc
Court has hed Il TO be- the Gilbert Elevated Hallway
Company arc precluded from constructing tneIr rai-
way upon any other plan than that which they oris-
inalIy contemplated, aud from dong which they have
been enjoned by the Superior Court, because, by
agreement between tho Gilbert Company aud the Com
missioners OF Rapid Transit, oi whom Mr. Josenh
Sellgman was The Charinih. the scee,on OF one OF
four plans OF construction 10 that COMPANY.
! The lime Tor tho selection and coTnpction, unless
| cnjoincd ten months from tue 1st Of October,
/ 1875. Tnc company was only enjsInod by tho Sixth
Avenue Railroad CJibp ny from prosecuting one OF the
four plans ana that was ths they had initiated II
provided two o columns Ia the roadway 0ftho
street and supcrsruciure carrying two tracks upon
orders Tho time select either OF the
remaining three plans there ore long EXPIRED
aud Tho plan which the Gilbert road was about con
struc,ins when snioned by these plan,iis-,hat II
row oi columns upon ths line ot each curb and the
suporstructure carrying two tracks upon trans
siruers spanning the Streets longer open 10
them Tor scIocton. ft .anH Hi
SOME OF THE DIRECTIONS
The adoption OF THIS plan II perintled by tho prop.
crty owners would prove 4 much more serious icon.
venicnce and nuisance iban tnat which originally
contemplated By the Gilbert Elevated Company. An
erection OF structure OF character from which we
n IA.
avenue to even awofsc condition than that which ia
now observed in Aiiy street aud South Filth avenue
The other plan 0f evIstructlon WHINE n might have
been less desirable by the sireel railway company
would certainly have proved FIR less injurious. Tho
reasons Tor this obvious In the nrst place lignt
win be completely shut of from tho stores. Secondly
the rails OF inc road viii be laid uncomortaoly near
| to the houses ana finally horses viii be much more
readily frightened py the noises over their heads. the
cause of which cannot be discerncd by them a. they
might DO III the posts were located nearer the centre OF
the street .f
THE VAULTS
Another importrnt point IL to be considered The
properly owners VIII be deprived by tho structure as
now contemplated vi the use OF vaults, the rst to
use which was granted to them by the city. As the
Gilbert Company proDoso 10 erect their columns on tho
sidewalk these vaults which have been built at much
expense Will bc necessarily rendered absolutely
less. wn'e, however. we the counsel Of thu
| Third Avenue Railway Company we are not making
merely to prevent serious irjary to our clients. and
one for which equitable if no; legal. com ponsatou
should be pad Ii tie Hustled 70 declared uncon.
stitutional the pianuts ~ those actions will clam
us has before been CLAIMED, that the Gilbert
no right TO bud any railway except tubular railway,
operated by atmospheric pressure and that tho ums
to construct even that has long since expired.
TiiE BACK TRACK.
'Whic am an earnest advocate OF rapid transit nnd
believe that It Will prove Of great benent W the city
aud the company that shall successfully marguerite
it ana while ainit tnnt tho rights Of the icw should
way to the advantage OF the many yet thc INJURY
sustained 10y the few calls Tor earnest legal
sdorat0u OF the subject with view to the damages
thsy may sustain ana the compensation ncccssary-a
compensation that should be paid by those who
bche1tcd--by the cty VI Ncw York and by the con
pany who seek to avail themselves of tns valuable
franchise.
ISJvxcrioSs ONLY TEMPORARY.
~ may add that the njunctons obtained are only
temporary, aud that the argument Tor thclr cohtnu
ancc. both IN The Supreme Court and the Court 0i
Common Peas has been Il ted TOR fpcxt Monday oh.
that tho supreme Court has adjourned subjeci
| 10 call AT any time during the sunmer vacation.
This is unusual, and, know OF no cause OF great
inporancc that would oal iUr prOviso o that KIND
In The order OF adjournment, assume that too rapid
transit cases arc subjects OF consideration on when
decision may rendered prior 10 tho regular uieslins
| OF the Court. "
ELEvATED ROAD.
The Elevated Railroad, during tho month of JunA
carried 200 2j5 passengers, gam o! W0I5 over the
snnIc month in 1876 In this month"; lor the hrse 70
days. - 300 passenger were carried, gAn OF 9,i.9
| over the lfst live days oI July. 1875. u H'f ~ %
LApID TRANSIT IN BlOOKLHN.