The New York herald., 1877-03-20
RAPID TRANSIT.

ITS ENEMIES THREATENING LEGAL STUMBLING
BLOCKS AND MAKING PIrEoUs APPEALS
THE UNDERGROUND PRoJECT--MR. WILLIAM
H. VANDERBILT WILL HAVE NOTHING TO DO
WITH IT.
The principal weapons OF attack In tho courts against
rapid transit injunc,ons Hardly Is one disposed
OF before another Phgnix like, arises from its ashos
and thus the ball OF legal controversy Is kept rolling
The latest injunction. temporary one OF course and
way deciding the merits OF the at issue,
was granted yesterday by Judge Larrcmore. OF the
Court OF Common Pleas, restraining tho New York
Elevated Railroad Company from continuing its pro.
posed east side track in Front and Pearl streets Mr.
Rufus Story who makes the complaint, states that he
the Of Nos and Front street, east OF and
whitehall street, and he socks 10 have tho
structon OF the road In front OF his premis en-.
joined until the right or the company to ercct
the has been fully determined. He staiea
that his title to tho premises referred
to Is derived through two grants from the city, one
dated December =, 1873, aud tho other May o, l77a
Tho promises conveyed by these grants extend from
Dock street (now Pear the exterior line. He
alleges further that tho time the property
cred by water but that tho samc was subsequently,
filed up by tho grantees, and street called watou
street, the present Front street, opened. He says
he the street In front OF his premises to the
ne subject only to the ordinary uses of street. He
charges that the Rapid Transit act Is uncons utional
claims his absolute right tho Of
the elevated road.
Accompanying the complaint there numerous
alldavits describing the runous effects upon properly
from tho use OF tho street for an elevated road.
Among tho atidavts are those OF James f. weyman,
Of No. 146 Pearl street; Henry H. Tabor.
OF Nos 1877 l3o and 14 Pearl street, worth $ls000Oi
Fred G. Smidc, owner of Nos 1872, 1S4 and 1856 Pearl
street, cost STAG 000 James W. Murphy owner OF l20,
1873 and 135 Pearl street. valued at 100000 and Fred
Meade OF Nos. 13S and 14l Pearl street, valued
at 100000 There also affidavit by Mr.. Edwin
Shepard stating the arrangement OF the company 10
build the extension.
Judge Larremoro, after perusing the papers which
were submitted by Messrs. Mann l. Parsons, promptly
granted the ordor Of njuncuon thus putting quctus
upon the work for some timo to como. Tho whole
facs the WILL OF course, bo thoroughly venti.
lated when brought up for an argument on the order
TO show cause why the same should not DO madc per.
manenI
THE SIXTH AVENUE ousrRucrroyIsrs
Tho Railroad Committee OF She Board OF Aldermen.
which consists OF Mcssrs Guntzer Reilly anu Cowing,
set down two O'Clock yesterday AS the time to hear
property owners ON sixth avenue in opposition 70 The
Gilbert Elevated road and also oil the
North Side Association In advocacy OF rapid transit.
When the hour arrived Tor tho meeting about aty gen.
tlemen we're present. Alderman GuDtzer was tho only
member OF tho committee in attendance, aud conse-
qucnty the matter was adjourned over for few days.
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Somo OF the Sixth avenue property owners pro.
cecded to tho Mayors ofcc, headed BY M g. A. Nor.
rison. These were the same gentlemen who caliod
upon Mayor Ely short time since to request his
aucncc IN preventing tho continuation Of the Gilbert
elevated road, on the ground that i would result In
the destruction OF their property Yesterdays visit
was intended rs supplementary effort In the same
direction.
Mr. f. A. Morrison made n fow remarks on behalf Of
| tho delegation he said that they were not BY any
means opposed to rapid transit, although arguing
against tho construction oil the Gilbert road An un.
derground road would meet with their appreciation
Mayor Ely answered that hc had under consdcra.
tion tho resolution oi Alderman Purroy a. to the
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Forty second street TO tho City Hail. He (the Mayor
was in favor of such project Rapid transit was
already an accomplished fact far Forty second
street, and It's continuation for about two miles would
bring II down to the CITY Hall Hs was under the
impression that the underground road could be easily
built In conversation with contractor lew days
since the cost was mentioned as about s. 600 o0O
elusive OF purchasing the right o way. Commodore
Vanderbilt had originated this idea, but had been
compelled to abandon II by reason OF obstructions
E aer.aEns was now under discussion with Mr. William
IL Vanderbilt and tho speaker thought that some con-
clusion would be arrived at within few days.
Mr.. Morrison and Mr. James Galway called attention
to tho depreciation OF property IN Amy street by rca
Of tho construction OF the Gilbert Elevated road
| Mayor Ely said that tho road undoubtedly .
great injury TO property IN that vicinity. the streets
| being SO narrow. Commissioner Campbell would
suit with Mr. Vanderbilt the underground project
ard report the result OF tho deberaton Tho delega-
MR. vAspxRnLr DECLINES
The officials at tho city Hall and the political quid
nuncs generally were busy yesterday morning with
new rumor which ascrbed 10 Mr. William II. Wander.
bit newly gained determination to build,
possible, Underground railway from the grand Cen.
trail depot the City Hail The story believed by
some. while others disputed It's probability on tho
ground that tho Fourth avenue line OF horse
cars was paying so exceedingly well that Mr. Wander.
| bilt could scarcely desire 10 embark IN .
new enterprise involving somo millions, and which
could but lesson the busine Of the horse ne In
order ascertain its truth fasity personal inquiry
| wns directed to be made Of Mr. William H. Vanderbilt
and that gentleman unhesatingy gave the rumor its
| prompt Quietus. Hc said there wac 40 truth In Il
whatever. When asked whether, during the lifetime
OF his father there had not bocn an intention 10 build
| QnCh PnuH Mr. Nnnd VIVA
but had been definitely abandoned The next query
that followed what Mr. Vanderbilt thought
| OF tho prospects OF rapid transit generally,
but he replied that he had not given a
thought to tho subject, as he had 300 many
other matters to attend to-" To the general remark
that many people had hoped he would give the city
this muctdcsirc underground railway, Mr.. Wander.
bt gave reply OF the Same tenor, indicating that he
too busy with his extensive Affairs TO launch into
such new project.
HOME FOR DISABLED RAILROAD MEN,
Mr.. Vanderbilt was also questioned respecting the
home for disabled railroad employees which 10 TO be
established IN accordance with the deceased Commo
dore's wishes. He said ''that tho will had not been
settled up yet," and that some dcdnite measures
would bo taken this spring.