The New York herald., 1877-01-09
RAPID TRANSIT.

PROBABLE APPOINTMENT OF THE CoMMIs-
sIoNERs To-DAY-THE SIXTH AND NINTH
AVENUE COMPANIES sUIrs-GooD PROSPECTS
FOR THE ELEVATED ROAD.
It is understood that the Supreme Court, General
Term, will to-day positively announce the Commits
sioners to be appointed under its recent decision up.
holding tho constutionaty OF the Rapid Transit act
and injorsng the report OF the Com mmissoners ap-
pointed under such act recommending the Gilbert
Elevated Railroad plan as within the scope and mean
ing OF such act Tho presumption, OF course rs that
whoever may be appointed the will be carried to
tho Court OF Appeals for final arbitration, and thus
sompo further delay out the ,n rapd a transit
earnestly and persisenty resisted by the horse rail-
way companies
THE SIXTH AVENUE CoaPAyr's SUIT
Meantime the SUIT OF the Sixth Avenue Railroad
Company against the Gilbert Elevated Railroad Com
pany s already in the progressive stages Of appeal
from the decision of Judge Sedcwck, OF the superior
Court adverse to the Elevated Railroad. Voluminous
notifications and additional findings as proposed by
the Sixth Avenue Railroad Company were. yesterday
submitted 10 Judge Sedswick Tor his approval These
additional findings cover moro broadly the grounds OF
complaint set forth in the original papers, They de-
sire Tor instance TO DO clearly stated proven that
IN the building Of their road they have complied
mon Council except so far as constructing the road
above Fifty-ninth street, which, however, became
impossi6ii'ty, the resolutions OF the Common
Council having been passed June 4, 1901,
through subsequent appropriation Of the land above
Fiiy-nlnth street Tor Central Pa1s They wish the
fur rther fact TO appear the rec6d that they have
expended large sum in tho buiidin and equpping of
their road aud rolling stock, the bulk of which, IL is
alleged, will be lost 10 them II the Gilbert Elevated
Road Is built over its track in the proposed.
Special emphasis is laid on the alleged lacts which
they also wish TO have Incorporated IN the findings,
that the passenger platforms 10 be built every hall
milo apart will in addition TO tho supporting posts OF
the road, infringe materially upon lands vouchsalcd
them in their franchise; that the building OF tho
proposed road will be nothing moro less than a
puoic nuisance and VIII do them far greater injury
than benefit to the pubc that such elevated road
would deter people from riding IN their cars, aud
although not positively prevent their running, their
would take away the profits OF tho
road. They finally ask TO have facts recorded
of danger TO passengers fright OF horses, and nsit
also upon the oil drippngs scattering Of cinders and
other like dsagreeabic and damaging features
gard which, will be remembered tho most
vouminous testimony offered. As tho matter
stands all tho findings OF fact will doubtless be fully
agreed upon within few days, when, already
stated the Will be taken TO the Court OF Appeals
NINTH AVENUE CoMPANY's
Tho suit OF tho Ninth Avenue Railroad Company
against the New York Elevated Railroad Company Is
also being rapidly pressed forward for argument
Hoesen, OF the Court OF Common Pleas before whom
the tried at Special Term. Everything ind-
that this all absorbing question OF rapid transit
will reach final decision in the court o last resort
within u very low weeks. Meantime 1t only remains
Tor the public to patiently await the laws delays in
the hope that all the legal obstacles thrown in the way
OF rapid transit will have been overcome and rapid
transit reach further stage than findings OF TACT and
become o fact in reality.