The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-10-16
OUR CITY RAILROAD WAR.
THE Ii TEST DECISION Nv THE GILBERT
Dictated RAILROAD CASE
Proposing to Go On and Build at once-Presi.
dent Bpticr OF the Sixth Avenue Road
Ohiects-Whot the Property Owners snv.

frcposfng to 60 On and Build NJ 0nce-Yresi-
dent Bpticr OF tho sixth Avenue Road
ohiects--Whot tho Property Owners Any.
Judge Van Worst decided yesterday that
the application OF the Gilbert Elevated Railrcad
for II stay OF proceedings upon the Judgment
rendered against them by Judge Sedgwick in
the suit by the Sixth Avenue Railroad Com
pany should be granted.
Mr. Charles II. Clayton. the Secretary Of the
Gilbert Elevated Railroad. said, ON learning
Judge Van Norst's decision. We shall 40 on
and build at once There were two causes in
the courts. One was carried up to the Court Of
Appeals-this is the other. The Court Of APP
peals decided that the law Of 1875 WIS con-
stitutional. and now this decision giving
us The right TO go on. under bonds.
leaves nothing believe, to trouble us. ehave
q quantity OF iron ready to begin with stored
IN yard up town. and ut the Atlantic Stores.
There IA sufficient 10 finish the structure from
curb to curb In South Filth avenue To Canal
street. and in Anity street. There WIS some
trouble about tho corner property nj Ainily
street and South Fifth avenue. but that is set.
tied. | think. Our charter forced us TO build
from curb to curb: but according TO the law Of
1870, We need only build OVER the cruirc ol the
street. When We come to cross Canal street.
ana follow West Broadway 20 Chambers street,
we shall build only oyer the middle OF the road
way When we begin work in sixth avenue.
suppose we shall encounter moro troubles.
those two-story ours Will hit our structure. you
know. They pr" too hiah for thcT own road.
ana nave 10 be switched on TO other tracks nj
Barclay street: hut whether the courts will -u--
tain the horse ear company when II comes 10 a
test. rcrlalns to w. seen. Judge Com-tOck. YOU
know. said in court that the rights oi the sixth
Avenue Company extend from the surface of tho
street to the fixed stars That gives that COM
rnny room for biz bill Of damages. doesn't
President Butler Of the sixth Avenue Railroad
was reading Judge Van Norsts decision when a
reporter visited him. He had not yet reached any
conclusion rs to what the Sixth Avenue Rairond
would d1. lie would consult with coun-cl. II"
had no doubt that further action win he taken
10 cnlOin the Gilbert Company. Or force IL 10 pay
for the damage 1t may do to the Sixth avenue
roud. The franchise 81 the Sixth Avenue Conn
pany Is "a part Of n contract the company made
with the Government. BY providing all ncc''--
sary facilities and fnithfully serving the pubic
the cOmpanys part Of the cOntrac; has been full
iilled. Ii would be a breach q! contract ON the
other side To- permit any impairment OF the
company's rights without enforcing proper
compensation Ia bc mndo franchise hn~
been decided to bo property. and ii cannot he
Injured any more than Il house or n plot OF
ground unless the amount Of damage is made
good. II would he Lreat injury 10 the conf
puny alter two millions have been spent IN tho
rond to have it hemmed in hy iron posts and
covered w by iron framework. The Sixth
Avenue Company is the owner Of rrnl estate
also in sixth avenue. and the value 81 this is
threatened. Between Fifty-cichth aud Fifty
ninth streets. on the east side of the avenue the
company owns block and in front Of it. only
pany propu-c to huiid a structure $50 feet long
Mr. Butler said that the sixth Avenue Com
pany could not stand inactive while such inIu-
Junction that has Just been dissolved. the sixth
Avenue Railroads counsel offered many strong
points In argument. but Judge Sed.wck grant
ed the injunction on one-the unconStitution-
atty OF Il clause in the law Of ls15-saying that
that was sufficient. Tho other points h. aid
not pass upon, but they yet hold good. Mr.
Butler thought that the property holders along
the sixth avenue might hive resolved upon a
course OF action. Tor they are as determined rs
the horse railroad cOmpuny
Mr.. William Moir the jeweller at Sixth ave-
nue and Twoniy-thrd street. n cons picuous
officer Of the Sixth Avenue Property Owners
Association. SPOKE for that body. The Do
c.ion OF the Court of Appeals that the law ~
1873 WAS con-i tutIonal fell like q thundcrioN
on the prop rty holders. lac said " Iury
thought that the Gilbert Railroad WIS an out
rage aud nuisance. and felt certain that the
law would not permit II TO be- erected" Accord
in. 10 llr. Muir. sixth avenue property would
be damaged from thirty-threc 30 fifty per cont
killed. But New Workers want rapid transit -
much that they seize on any plan that IL offered
The rnilroad men offer the elevated plan be-
cause It can be built NJ the expense OF the prom
crty owners" Mr.. Mor continued 80 the
public saws. Let them fight il they think them
selves injured. An Underground road that
would not iniure u We would not oppose. hut
the cost would fall on the railroad companies.
50 II Il not Undertaken" Mr.. Mpir .niu that
the property holder~ business what is lnr n
the street. but eN-Judge Com-to. thinks very
differently H. says We can secure damages.
To him the property holders Will appeal and 10
he says there j. an opportunity lef. for u- to ss-
cure our rights We viii keep up thr h.h,. We
are indignant and have become united and we
VIII defend ourselves with strength.