The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-11-09
THE RAPID TRANSIT FIGHT.

PORARf INJUNCTION AGAINST THE GILBERT
ELEVATED ROAD AND THE SUPERIOR COURT,
GENERAL TERM, vACATEs THE ORDER.
The work on the G,lber, Elevated Railroad in sixth
avenue met with rather unexpected check on
Wednesday by order from Judge Speir OF the Supe
rior Court temporarily restraining tho company from
making further excavations on that avenue, and
accompanied with order 10 show cause why an
attachment should not issue against the company
for contempt This proceeding was taken behalf
OF tho Sixth Avenue Railroad Company in their suit
against the Gilbert Elevated Railroad Company, which
TO have been argued on appeal yesterday before
the Superior Court, General Term. The order
obtained parte upon andavits setting forth that the
plaintiffs sustaining special Injury account OF
the excavations their line made by defendant
oBsTgucrISG PLAINTIFFS TRACKS
Lewis Christian made Que OF the afiidavits upon
which the order was granted He stated that he re-
No. 500 sixth avenue and IL in the employ Of
the plaintiffs; that the 5th OF November inst q
large force OF aborers appeared sixth avenue, in
the neighborhood OF Forty street. and began
making excavations said avenue for the foundations
OF the Gilbert Elevated Railway, and that ZINE
tho work OF making such excavations has steadily
continued; that twenty-five such excavations have
already been made and arc now open between Forty
second and Thirty nith street, the easterly
SIDE OF The ccuIre OF said avenue, the same being
about feet deep, aud made close the track OF
the plaintiffs road that sidc SO near that 10 pro-
vent the track falling or giving way the worKmen
employed placed pieces oil timber over the
westerly coge Of tho excavations and against
the rails of plaintiffs that there piles of
brick beng Deposited The excavations and the
foundations Tor the support VI the Columns
OF the Gilbert road tnat deponent to-day (rhursday
counted forty nine men engaged IN making such ex
cavaLons and layin. such foundations between Thirty
nth street and Forty second street, anu on inquring
among them their foreman, was referred 10 per-
son who was acting That capacity anu in charge OF
the work. being aL the time engaged III taking meas
ures AMI directing inc men where 70 uie ana
he digging those holes Tor, ana no replied Tor the
Gilbert Elevated Railroad; tnat deponent also saw
similar excavations on the westerly sue OF sixth ave-
nue., between Twentieth and Twenty second Streets
and in like prox mity TO plaintiffs track, aud that
those excavations ure seriously interfering with the
running OF plaintiffs cars on said avenue.
Upon the foregoing affidavit aud one made by
Thomas b. Butler presidenL OF the sixth avenue
roau TO effect, Judge sper granted the order
To snow why an attachment us Tor contempt
should be ISSUED, granting temporary Injunction
The meantime, such order being inaue returhapic
YACHTING THE ORDER.
Ex-Judge Porter ana Mr.. Lowery, counsel Tor tho
Gilbert road, into tho Superior Court General
Term, yesterday morning and moved ex parte. uudcr
section Of the Colc, TO vacate TINS order Ex.Judge
Comstock asked auj0urn ment OF the argument
on account oil The absence oil Mr. Cnoate AT Washing
Ion, but THIS the Court refused 10 allow. ExJudse
Portcr male briei argument, cOntending that the
Injunction clearly illegal express violation
oracr Of Judge Vun Worst staying all proceci-
ings on Inc Judgment and that moreover, the in
Junction would work the deienuants irrcparAblc in-
jury without III amy way damaging Inc plaintiffs.
brie argument the Court concluded TO vacate
this injunction, the defendants are thus permitted
10 resume then without further moiestatloh
Meanwhile tho appeal from Judge sedgwick's judg-
mcnt will como up Tor argument this morning.
WHAT SENATOR-EcECT ECCLLSINE SAYS ABOUT
THE BuLL-pozING HoHsE CAR CoMPANIAs--
LEGAL PROCEEDINGS ALREADY TAKEN.
The plucky light in tho Eighth Senatorial district
tnl
test, which before had been a waiting ono between
Mr. John NJ. Bixby and his opponent on the rammany
side, Mr.. I. C. h. Ecclcsine has now become IN az
gressive warfare tho par, OF the latter, tn tho
interests OF rapid transit Tho attempt TO control
the votes OF the employees the various lines
OF city railway has aroused tho Indignation
of tho men who have boon Entrusted with
tho defence OF the peoples rights, and the
statute brought 10 light in the HERALD OF yesterday
seems TO have awakened them TO "a lively sense OF
their responsibilities. Section Of title chapter q,
part volume OF the Revised Statutes Of New YORK,
Is the iuiurc legislation, destined 10 play an I'M
portant part 1t explicitly declares that II any per-
son. by bribery, menace or other corrupt means,
snail attempt to influence any eector oil the State IN
giving vote or ruilo or deter him from giving the
same disturb hinder nm IN tho Tree exercise OF
the right OF suffrage he shall upon convicuon, be
adjudgcd guilty oil misdemcanor. and be lined or
Imprisoned, according 70 the discretion oil tho Court.
Ii seems then, be only Question oil proof OF such
bt aatiun In order that the guilty parties should
be brought TO justice.
rug HORSE CAR COMPANIES ssBULL.DozIxon
RumoIs reached the HERALD Office that Dir. james
W. Foshay, president oil the Seventh Avenue Ran
way Company had ISSUED an order TO tho drivers and
conductors his limo TO vote tor certain candidates
who we're supposed to DO 10 favor Of his road, but
UPON INQUIRY hsso reports could not DO
Mr. r. q. Ecclesinc, however the ScDator-eect from
the Eighth Senatorial DISTRICT and the especial cham
pon OF rapid transit found at his office, No. 1v4
broadway he did not rciu.e to give the norma-
ton Of which the writer was IN search Mr. Ecce-
sine is a gentleman OF perhaps forty years. with a
head white snow and eyes as bright and un-
almmed az those which look out from the soul OF a
boy He said TO the rcporier:-
mo do not refuse 10 talk think tins question
is yet settled, although the elections are over Mr.
Fo.hay has clearly brought himself under the opera
ton oil the law you have quoted 10 me and with ch
was familiar before you brought II so clearly 10 my
notice. deem Il u duty TO my constituents 70 SEQ
tnut the ordinary provisions OF the law are put In
operation tor tho protection OF poor and rich alike
An offence has been committed and propose to have
the offender punished rho nitatory Steps have been
Instituted, The afhdavts have been prepared ana they
viii speedily be submitted 10 tue Grand jury Of this
be considered tell you the Grand Jury cannot az
lord 10 disregard them unless they are prepared TO
brave pubic opinion and disregard their oaihs. In
fact with such evidence uin prepared 10 submit to
tcm they cannot honestly refuse 10 haict the guilty
paItics."
questions? 7" asked tho reporter.
ale Is the sworn officer oil the people, was Mr.. &c
cesne's rcpy, 'bound 70 enforce the laws against his
duty he 10 liable TO Impeachment"
Nv hat remedy have you u Ie refuses TO prosecute
ncglccts his duty ~
ut Is not without precedent that whore tho ID strict
Attorney hostile 10 prosecution the Attorney Cen
era u has been substituted. Corporations are
by the people Tor The service oil the people, aud
when they tncr power to defeat the wishes OF the
people they have ceased TO DO useful and should be
abo shed"
.'You confident regard TO the final results OF
RAPID transit"
II am indeed. There Is no surcr Indication that
Tue sense OF the people Is right than that the udg-
mcnt Of all the judges ON every principle OF law and
cquy has sustained H. ii had friends In any horse
car lines should advise them TO sell out iher stock
rapid transit necessity vi tho people and must be-
come accomplished iact. In the whole history OF
the world, wherever tho rulers have cndeavorcd 10
pat their will before tho wants and desires OF the
people they have been defeated. Egypt IN the days
Of Scsostrus is example, Rome Is an example Gau
Is an example, and hope republican America Will oe
an example that where ogarchy attempts to defeat
tho peoples wants they wiil failignominlousiy iaL
Ii the horse car companies get on without repeal Of
their chart they will DO lucky"
REDUCE THE CAR FARES.
Tue agitation In Jersey City over tho eight cen