The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-04-03
NEW YORK HERALD TUESDAY, APRIL ls77-TRIPLE SHEET

suit has been finally heard tried nor II do this
without providing the ampest indemnify in bond OF
$1,000 10 pay all damages II tho injunction Is finally
made As said, It prcsumcs that the law rs consttr-
tonnl. and the acts OF the companies under 10 law
iu unii The contrary Is adndged, instead OF starting
OH with tho presumption That everything Is unlawful
or unconstitutional until that Is otherwise adjrdged.
And ot this the dictate OF reason, aud of justice and
FAR destng, and when tho interests OF whole poople
are voIvcd Is 1t not the dictate OF absolute rights
II Is the theory OF all our law that shall have
Judgment against another until he has shown him.
sell entitled to H. That also The theory OF this bill
~ interposes obstacle whatever In the way 81 any
person, or any number OF persons. IRON going INTO
any court when, ana AS often they please 10 obtain
damages Tor any injury. redress for any wrong
which they think they have sustained; but, as IN all
hsh Their right TO the judgment before they
gel tn other words, that they shall show
themselves entitled to an Injunction before
Injunction let them give adequate security Tor IL; IT
they are not wiling TO give tho security lot them
until the end Of the suit, and sec whether they are
entitled 10 the Injunction at all. II they are they
WIN then get the injunction without any security at
ALL u they are not they will be saved from the dam
pose them; while they are amply protected
against amy temporary injury pending the SUIT by the
Is protected, tho work viii 20 on. aud the people WILL
IN some reasonable tinic have their long sought for
rapid transit
This is IN no sense n controversy between these
property owners aud these railroad companies II IS
controversy between these few property owners and
the people OF New York-not OF tho oity OF New York
but the people Of the whole state.
For IL rs controversy to whether tho people OF
tis state shall have The right TO use hcir
Tor their own purposes, or whether they have really
lost their sovereignty them and they surrcn-
dercd to the dominion o private property owners
horse car interests.
We have heard much here about invading the rights
OF these properly owners and Selling their property
without compensation.
sir, u is high time popular dclusion which seems
10 exist IN some quarters on that subject should DO
exploded Tho stroets IN New York do not belong 10
mo property owners upon them ia any sense what
ever. Thcy do not even belong to the city OF Now
york; they belong TO tho Iooplo OF the State OF New
york ana no owner VI properly fronting upon them
such ownership Than has the humbest c,tzen In tho
rcm0tcst corner OF the state. They the properly
oil the whole people, In which ali rights common
aid all are equal When the people OF tho
State, therefore, by solemn cnnclr ncnt Of
their Legislature determine how they Will use thor
they were acquired, It is act OF their own soy.
ercgnty, over their own property, aud from which
there Is no appeal Tho law should, indeed bo tender
u tho Interests Of adjoining property owners when
determining lis own uscs OF its own property, and
have pointed out how careful this rapid
mas been made 1t decree OF sovereignty
IN obedience to tho public veal 10
winch all good citizens must bow. IL may. pos
sibly be. that IN some peculiar instance OF
ciso OF power some private property must suicr.
therefore, depreciation; but IS not Tint the common
incident OF oil property 0Lc man builds n brown
stone front on his lot thinking TO commence u lrst
class ncighborhood, and MS neighbor builds factory
next 10 HIM. Tho brown stone 'front.' Is injured, hut
must tho ncighb0r be "enjonedn Tor that reason
may not be cnloincd from occupying his property
as ne shall deem best, shall The whole people be shut
out from their streets and forbidden their use
NJ ALL or only as tho adjoining owners may dictate