New-York tribune., 1877-09-20
RAPID TRANSITS VICTORY.
WORK TO BE RESUMED IMMEDIATELY,

WORK TO BE RESUMED IMMEDIATELY,
WHAT THE FRIENDS AND OPPONENTS or TIE ELE-
WAITED RAILWAYS SAY OF THE DECISION OF TIE
COURT OF APPEALS.
The officers and friends of the Gilbert Ele-
waited Railway accept the decision of the Court OF Ap
peas as a signal victory for rapid transit, aud during
yesterday the decision was the subject frequent
sment and congra ulaton jose 4. Navarro was found
yesterday busly engaged in the numerous matters de-
yolvng upon him connection With the work about To
be resumed he said that the decision Of the Court CT
Appeals was surprise to him, although he WAS en-
urey ready to acknowledge its great Importance 1t
seemed TO remove ali Legal obstacles, and he did be-
eve that further hindrar would be interposed The
work would now be pushed forward rapidly possi
ble with the intention Of opening the lower section Tor
travel within four months There might be unforeseen
delays but he believed that the road would DO open as
far as Forty-second-st. by January l.
gentleman conversant with the affairs of the road
said that the decision had been anticipated and that
every preparation had been made to take immediate ad-
vantage of 1t. The road divided into three main
sections the lower extending far Forysceondst
the middle from FOrtysecond-st. TO fTy-nn'h-St' anu
the upper extending Harlem. Upon the lower section
the work would be concentrated This was ltse III
three divisions each under separate contract ano IL
was hoped that IL ready for the public ana IN
actual operation before the osts were very deep In tDe
ground IL seemed as II all legal difficulties had been
removed enemies of the road might sun attelnp
TO proong their hopeless struggle. When asked II the
company feared trouble from the douole-decHer
on the Sixth Avenue Railroad, he replied mat ne sup
posed tha company would make as much trouble as pos
sole
+ q Delevon. attorney for the New-Yors Elevated
Railway said Yesterday "On careful examination OF
the records find that have now clean victory In
ali the points at victory which ought TO have the
effect of stopping all further litigation. The points passed
by tbe Justices covered both sides OF the cy the
Rapid Transit Act for the Third Avenue Road well as
the Gilbert project, and the Hustled Bill winch refers
more especially right to the title of corporation
upon the West side road I'm both the decisions ar
for us unanimously. Whatever future issues may be
brought up against US, / am confident tnat those
OF the past are successfully buried out OF
sight We have received an acknowledgment Of our
,ieht TO exist when is, after ALL our chief victory
hardly think there any for apprehension that
he Taird Avenue Railroad Company viii in the
United states Supreme Court for innaiIng ITS business
This issue has already been raised by the Ninth Avenue
Company and will be decided against it. Tie fact
MS clam OF the street railroad companies. that the
ity has a contract with them, is very transparent
lodge. JUDGED the citg authorities could not sell the
e Of hc Streets II tley wished to do So for they Only
lolI them for State The most they could do
would be to sue the city for damages. not US do not
think there is danger in this direction"
Crus " Field saJ Yesterday that The directors OF the
N-w-Yolk Elevated Railway Company would hold
ting TO cay and lay cut the WORK for the continue
aou the West side, and the beginning on the East
don't thDk We snail many more injunctions."
said Mr. Field IL George Law, or other Responsible
owners of le Third Avenue RI oad ask to have rs en-
joued we VIII make hem sign the Necessary bonds ana
heD them FOR the amount Rapid transit shall not be
trled with any longer" Accordin to Mr. Field, the
0nll ted road VIII double tracks from the Battery
10 the Harlem River. by Ninth and Third-aves, with
nh Cfr .vry
re Grand Central Depot, and Thur y-scoonl-st and
;!e East River. Wherever the streets narrow The
Importing columns would De put a line Will the euro
,tones, also in the New and Old Bowery, where tie
surface tracks thcky laid ~ Other points the line
Of columns will be placed in the streets.
PROMISE OF FURTHER LITIGATION.
President Batter OF the sixth Ayenu, Railroad Com
panY Ms thl: th.s decision VIII be- final, but that
the purpose Of the property owners 10 carry the mat
tic Uuited states supreme Court lie states hat
,he lmourinent OF any portion OF the PIope'ty o.
,ne railroad company is unconstiutlo al; this VIII
iOIm Tue basis Ut the argument DtiOre tnu Su-
preme Court. He contends that the rights Of
- a. coufquv. 80 fJr as tine 10 otdway is concerned eX
end tie surface upwad and pan, sucn as po-
uscd by the Elevated Railroad, stopping the running OF
,icl car, as tley shOud put road viii Ice uucOl-
sutuioual. Oc asserts tldt the Gilbert Eleya ed Ra-
road. completed ter The design Oi the Rapid Iiausl.
anins. .6rrs, viii Interfere materially Win puDhc
.riVel, aHd tust the luss uUOu real estate alone will
amount 10 upo.Ids Of S3O,O0OOJO Al any rate, ne
sus the ski Avenue COMPANY mas a per ctual inunc
uOu gist NC Elevated Road, aui Ibis Will lave De
cancelled before any work br done.
joan l.. Pa aODs. VINO has acted counsel for the
property OWucts along the lines Of tie proposed roads,
i4 .Id3y: The Only question OF nnpOr,ducc dc-
cIdcG d. JcuG Of appeals is That lie RAPID Ilaheli
Act OF 1879 is Constitutional, and that The proceedings
t.ts.n By the NeW-YOrk ElcSaied Railway COmpa,
undel ii. legal The fgt been the right tc
compensation Tor property which would De- injured ny
tlr constitution Ol the railroad. The Gilbert Railway
Company tId the Now-AUfA Ecvated Railway Company
nave AIMED thcy had the rgt, botH TIE
streets and avenues IA question, and O. do without
.Oin icisjtiou 10 Inc property owners have
cOut,sucu int ali tie rights Of lie tWO companies dc
pcuutd upon me i of 1870 and That thGt uu
cons Itgt4ouai Bat II tiis were not 50, then The
dLuCIu- OWUcIs must be paid by TIE cOlu-
laLi.s f0: tHe damage done To their property.
Iur question which remains now 10 be determined
whether companies eau The routes without max
good the cOu-t qdcnt INJURY. 1hc property owners
maintain tha ID tAet properly % 10 he sacrificed, tuelr
loss must be made GOOD IhLl question been before
lie Court OF COnlILou Pleas in Two brought
Dy JatCls hotel ana the OtncI by Rufus Story In each
the ISnc ItuIcG CONT has e1JJbed The NcW-NOrk El-
eyat,d Railway Company from Ons ructDg or operating
tneir road in front tle plIn.lhs premises. In the
Goclded DY the Court of Appeals there was no i'll
junction lar IS those were concerned, the
conn l1uics Jhsl able 10 proceed and build TIE
roads before .bc dccls Oi the COur Appeals
Tie property OWnOls have net yet considered whether
the case Wicn to the supreme Court 81 the
UmUd States. such On appeal, however, VIII ne unncc-
ssaly tne s,ory and Pteu cases, and such
cases my be- biOugh the principe sIll be affirmed