The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-04-28

The desperate attempt now making by the
confederated horse car interest to cut the
ground from under all the rapid tram
sit roads either in operation or in course
of construction, by suits in the Court of
Appeals, ought not to discourage the sup
porters of rapid transit in the Legislature
or cause them to relax their efforts. Nothing
is easier than for litigious persons or liti-
gious corporations willing to spend money
in desperate contest to maintain suits in
the courts. The efforts of Tweed to defeat
justice by this method are signal illustra-
ton. Tweed has parted with q great
deal of current money to no purpose in vain
and desperate efforts to shield himself
against justice, and the desperate horse car
railroads are emulating his example. They
have too much at stake to spare expense,
and they did the best thing in their power
when they subsidized Mr.. Evarts to advo-
cate their rotten cause. He accepted their
retainer before he became Secretary of State,
and we are sorry that he does not feel at
liberty to withdraw from his engagement
since his acceptance of that great Office. 1t
is spectacle of which no American citizen,
and especially no fellow townsman Of Mr..
Evarts can feel proud, to see him deserving
his important post at Washington, at time
when foreign affairs are SO deeply interest
ing, as the paid advocate of local corpora
tons, whose interests are hostile to the
interests Of the city. We trust that his
success in behalf of such clients will be on
par with that of Mr.. David Dudley Field
as the counsel of Tweed. We do not grudge
him his large fees which the horse car COM
panies are abundantly able to pay whether
he gains this suit or loses it. We have too
much confidence in the Court of Appeals to
believe that it will be swayed from justice
and law by any ingenious arts of advocacy.
The only point which we now wish to
make is that the pending suits in the Court
of Appeals should have no influence, one
way or the other, on the action of the Legis-
lature. The decision of the Court of APP
peals, whatever it may be, will not be de-
livered until after the adjournment of the
Legislature. In important cases that tri-
bunal always takes time to deliberate, and
the session of the Legislature is so near it's
close that the judgment Of the Court of APP
peals is not likely to be announced until
after the adjournment. In such state Of
things it is the duty of the Legislature to
assume that the laws in the statute book are
constitutional and to act on that assumption.
The fact that SO able and careful lawyer as
Governor Tilden approved the rapid transit
law is a strong prnd facie argument in favor
of its constitutionality. The Legislature is
bound to regard it as constitutional until
the Court of Appeals decides otherwise !;
and the fact that the horse car companies
have employed able counsel to make the
worse appear the better reason" is no reason
why the Legislature should doubt what
seemed so clear before. 1t is the clear duty
of that body to pass such laws as may be
necessary and proper for facilitating the
completion of the rapid transit roads, quite
irrespective of the attempt of tho horse car
companies to break them all down in the
Court of Appeals