The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-03-30
Proceedings Before the Assembly
Railroad Committee.
A FURTHER DISAPPOINTMENT.
Waiting for the Decision OF
the Court Of Appeals.
[Br TELEGRAPH TO THE HERALD.


ALBANY, March 20, 1871
Ata meeting OF the Assembly Railroad Committee
this afternoon General Egbert L. viele aud Mr..
simeon Z. Church appeared behalf OF the opposing
interests in the rapid transit question; but General
viee said that he unable to proceed however per-
goay DESTROYS OF dong because he had had no OPP
portunity confer with his associates
Mr. Church said that since the last hearing given
them by the committee March LAY another injunction
e had been granted by Judge Larremore against the
: Elevated road the application OF Ruus story,
restraining the road from erecting its structure in
front OF his stores, Nos and Front street. AS there
arc 400 tho line OF the street there are
jast SO many inJunctiors ahead If the courts are
. IN be permitted irec OF those
INSTRUCTIONS He said IL the necessity OF
prompt action II the people of New York city 10 get
the benefit of the recent Rapid Transit act He then
filed with the committee the decision of the General
Term OF the Superior affirming the constitution
, atty OF that act
THE APPEALS.
Mr. Gilbert, the chairman OF the committee, said that
If the opposition the bill favored by Mr. Church de-
sired further hearing they would keep the question
open Tor while longer leaving 1t TO General Vele
and Mr.. Church TO say If such hearing
necessary AS a hearing on the appeal from the de-
cison OF the supreme Court, General Term. iavoring
rapid transit will be given Tuesday, April 3, be-
fore Court of Appeals, both sides viii be disposed
10 wait until OF Appeals decides tho question
before seeking another hearing from the COM
mittee.
It Is confidently here, excellent authority,
that the New York horse companies have entered
into agreement to assess themselves IN proportion
10 their capital stock raise the sum OF $1,000 to
defeat the hopes OF rapid transit by buying
up legislation. This expenditure OF corporation funds
being looked upon wholly illegal and an outrage on
the rights OF the people Of New York city, measures
have been 10 bring the subject 10 the attention
of tho Attorney General and the matter being esao-
sbed 10 his satisfaction he Will have bill drawn up
10 OF such roads discovered to
have engaged in this method OF influencing legislation
OPPOSITION.
The bills in opposition TO the full fruiton oil
rapid transit Bxbys, Wasstaii's and Hayes The
two in favor are EccIesne's and Selkrcgs, which,
however, are alike. Hayes bill is the most pernicious,
would practically reesate rapid transit to re-
mote posterity.
TRUSTING THE CHAIRMAN
Mr. Church has confidence that Nr. Gilbert. chair
man OF the Railroad Committee, Will show himself u
friend OF the long suffering people ot New York, and
report possible the only bill That opens the
way TO rapid transit by rendering impocnt the 10 wcr
for obstruction of certain accommodating judges
BILLS IN FAVOR AND ADMINISTRATIVE 8,
EccLEsINE's AND HAYEs-A GENERAL TALK
ON THE SUBJECT RAILWAYS
AND THE GILBERT ELEVATED ROAD.
The bill introduced by Senator Selkreg on rapid
transit that calls forth variety OF opinions
to it's exact position toward rapid transit proper 1t
claimed by instead Of furtheriEg and FOSTER
ing the roads that will give the city the much needed
relief IL Is aimed at rctarding their advancement
Others again consider that the bill is in every way
good one and that its effect will be the promotion of
all proper interests II is similar in almost all
points with the bill OF Mr. Ecccsino before tho
Assembly and chiefly provides that II property owner
applies for injunction the road shall give bond
OF $4,000 proceed with the work. If the Court,
t..l,a t1,a
damaged the road will be obliged to pay. 1t is thus
Understood that the bill the protection OF the
rropcrty owner aud ut the same time prevents the
ROAD from beng stopped in its operations.
CONFLICTING OPINIONS.
The writer Yesterday called upon several gentlemen
prominent rapid transit matters aud inquired as to
wha. the opinions were among them,
the requiring Of bonds rs concerned when inunc.
ton is asked lor but the Sekreg bill is that
10 be the interest OF tho Greenwich
street road only. For instance the bill states
that only roads In actual operation shall come
within It's prov sions, in that way entirely shutting
out any roads process OF coustructon-such as
Gilbert Elevated Railway. The giving oil $40 900
as indemnity does not prevent tho parties who ieel
themselves injured in any way from sucng for dam.
ages II only postpone the granting OF an injunction
the SUIT finally heard or tried Nor does ii DO
this without requiring bond OF $40, 600 IN case the
Injunction is finally made permanent The bill Is SINH
lar to the introduced IN the Assembly by Mr. Ec-
cesne except that only provides for roads in opera
lion leaving those IN process OF construction,
s.rhcre 5 a similar law. said another, "in operation
State OF California, and " works satislaC-
torlly every way" DIR Gilbert, chief engineer OF Tho
Gilbert Elevated Railway. thought that tho $4,000
clause ana the principles Of law involved in tho bill
were cminently proper inasmuch as 1t permitted pubic
work 10 20 forward and thus savo delays sometimes
necessarily cntailed by obstructonists. Az the same
time IL maintains the rights OF property owners.
Dr. Gilbert further stated that IN his opinion rapid
transit generally would he better OIL II let alone. No
legislation at all would be much better
transit line intended to improve rapid transit
had bad rather an opposite eject RAPID transit mas
lrou vary ain
by much legislation. whenever IL seemed, " SAID
Dr. Gilbert, that rapid transit was about to be accom-
plished, would put in new bill at Albany to
change the situation, aud another set back would be
toe result There some bulls now before the Senate
which, if passed. would have only the effect OF killing
rapid transit, especially that introduced by Dr. l. l.
Hayes"
agitation the subject OF underground railways; have
you given the matter any attention Z"
in my 6rst Efforts to secure rapid transit for New
York city devoted two years TO the study aud invcs
CATION OF underground railway prospects. and have
now in my possession the plans anu surveys OF the
first underground railway which were made as carly
1866 The road TO be constructed botn sides
OF the city, under Third avenue aud Eighth avenue
Aftor a careful consideration OF tho whole project with
competent engineers whom N. o. David
son, an engineer at that time Of the Croton Water De-
prise was nnsnc,aly not practical on sc
count OF the great cost and the inter-
terence with tho sewerage system and difficulties
10 be the lower portion topographi cay
speaking OF the island. There have been since then
less than four charters granted Tor underground rail
ways, incuulnE Underground Toau pusscu
In 1872 with the ampicst powers and privileges, aud
none VI them bave been aolc TO raise money to build
the proposed roads. Finding that this not pos
sblc turned my attention accomplishing the OBJ
jcct by system OF elevated railways, Tor which |
. charter was subsequently, granted and to pro-
vide feasible, safe and speedy means OF establishing
rapid transit route was laid out on both sides OF
city equidistant IRON the centre and the rivers by
\ commission named the charter. The plan has |
boon approved by some oil the most nnent engineers
IN this country and Europe, including b. Baker,
Associate Engineer OF the London Underground road
X n. Ordish, OF London; j. ;. Bcrgbem, OF London