The New York herald., 1877-10-16

sbor,zed bv law was and that there was
20 adequate remedy Law tor compensation or dam
ages nor oss y on sns Canes eana appear ,sc ~
to which reference has been MADE above tnat tue
pann not entitled TO equitable relief OF mat "a.
turc That question remains yct 70 De determined out
by ITS decision that tho act In question is consttu-
iona authorized tho construction ot the deiend-
! ants elevated railway in the form In which II was
proceeding tho work, the ground upon which the
Judgment IN this Court rests would seem TO De re-
moved, and II the Judgment be upheid " appears 70
mo il must be on the other grounds IN respect 10
which no conclusion reached by Judge sedgwick
t,ons. they VIII wiihoat doubt be prcsea,ed to the
General Term or its consideration on the appeal buL
constl,asonaly Of the act Of The Legislature ques-
ton, Influences me in granting The <pciiahts motion
Tor stay OF proceed:ngs think that justice demands
until the hear and ANAL dcterm nation o. ihe pend
ing appeal, when an adjudlcsrou nay De e. nSo. as
Der he stay will be of short duration should tho re-
spondcnt then succeed. But think that should
inlorpose OF The stay that the defend
ant execute additional undertaking In the sum OF
$40, 900, with more suretes to be approved by
d ialge OF tas Court, conditioned TO pay all damages
the nIainrr may sustain by reason or the stay
have tho less hesitation IN making this order as u
may from time time be modified az Justice requires
by tho Court or aJudGe thereof
TIE NEW YORK LOAN AND IMPROVEMENT COM
pAYY's POSITION DEFINED BIZ ONE OF IT'S
oFFICIALs.
A HERALD reporter convsrsed yesterday with an
official OF Tho New Yosk Leas Aud Improvements Com
pany which holds the oonsrac for shs constrscton Of
the Gilbert road reference to the above decision.
This gentleman said that three had existed
aganst the company That from which Judge Van
yors. mas relieved ths was tho only o: tho three
been rendered by the decision Of
court, after tu trial. Judge Van vorst's decision
is not final IL is only an order staying all proceed
ings by tho SIKH Avenue Railroad Company 10 en-
force their Injunction until the General Term OF tho
Court shall Lave finally aecioed the case The other
TWO injunctions are temporary. They have been Oh.
tainea-one the supreme COURTS one IN The Court
oi Com mon Peas--by owners OF property on SIKH
avenue, near Forty second and Twentieth streets
TIey restrain The company from commencing their
work along the wnoe line Of SIKH avenue. Inc CON-
papy viii mediateIy endeavor TO get them removed,
ana has lear 0 failing 10 do so. The present case
was dealt with drst being the most important,
since il was rendered ornament ny the previous
cison Of Judge Sedgwck that tho Rapid Irausit Act
o 1875 unconstitutional
THE PROGRESS WORK.
In spite OF the many hlndrances placed in tho way
OF The Gllber, Company by tue horse car companies
and property owners their interest, . very con-
progress already been made In The work
OF building the elevated roau. The ABOVE mentioned
gentleman gave the following description 0f the present
oi the enterprise hall mile ol the road
has heen brought state OF competion lhls
covers Amity street from Sixth SCUM Fifth ave-
nue aud south Fifth avenue from Amity Prince
street. except the curves VI the functions OIL Amity
street with the Two avenues IN addition 10 this
foundations been laid along South Filth avenue
US lar IL Broome street. +,
AL present tue operations confined TO the
iaylne OF foundations on West Broadway, which is u
work OF considerable difficulty, because OF the damp
MAJ ure Of The substratum, which necessitates tho
driving oi piles wncreon 10 rest the foun-
dations Gangs a, present employed In
this work. and is expected that their numbers Will
be doubled before the cnd OF the week. The work OF
erection will be commenced along this street,
and will also be recommended at once on south tin
avenue AS reet can be obtained from the Two
inuncons still restraining the company they Will be-
gin Duiid several po,Dts along sixth avenue 30
as 10 hasten the completion OF the undertaking.
BE FiNIsHEDS
IN answer TO the question: ''How soon do you think
sufficiently large OF The road may be finished
Tor II TO 20 into active operation Z" the writer's
formant said, "Ihat depends to great ex
tent on the amount OF difficulty that these
FOOLISH property owners working N tho Interest Of tho
horse companies, may throw IN our way They
might, OF course, go on getting temporary fnJunc-
tons, winch would take about twenty days 10
clear away. II they ceased TO obstruct us we might
have u working section Ut the road-say from Forty
second 10 Chambers strcet-compiced IN about three
months We have at this minute all the pillars and
orders aud other work requisite Tor over
half mile OF the road lying finished
on the wharves at Wilmington, ready to
10 be So pped New York soon we are ready 70
set them up. You might also draw attention 10 Tue
fact these legal proceedings have delayed the pro-
cess OF building 10 most unavorabie time Tor the
public interest hich demands the speedy completion
OF The rapid transit line. The frost and snow OIL the
coming season viii certainly CAUSE much trouble, and
may even compel cessation oi work Unless somo
such delay arise the work will be actively pros
eculed aud brought to completion at an early date.