New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-09-17
RAPID TRANSIT PROGRESS.
THE METRoPoLITANs LEGAL BATTLES.


OPPOSITION OF FIFTY.THiRD-sT. REsIDENTs-A PRO-
CEEDiNG TO ANNUL CONTRACTS.
The suit against the Metropolitan Elevated
Railway in behalf OF number OF property holders In
Fifty-thr-st grew out Of a recent meeting called by
Charles A. sehermerhorn, Peter Kearney, Dr. Salvatore
Caro- and Emanuel Eising. at this meeting which was
well attended a committee appointed TO take aetion
TO prevent the Metropolitan Railroad from being built
and operated through FiftythrdSt. The committee OF
which Peter Kearney is chairman has secured subscnp
tons from nearly all the real estate on the street.
10 the extent Of 2 per cent OF the assessed valuation OF
their property for the purpose OF carrying on legal pro
ceediugs General Butler and Roger A Pryor have been
retained counsel and the first Of probable series OF
suits has already been instituted with Dr. Salvatore
Caro- as plaintiff, who owns two valuable houses IN
F1fty-thirdst., near sixth-ave.
Emanuel Eising, Of No 129 West Ffty-third-sL' sara
yesterday: 1--WE have delayed proceedings owing TO
many OF the persons interested being absent from the
city, but we have begun in earnest and intend TO
follow up the matter theoretically We have plenty OF
money subscribed and obtain more necessary ana
we believe that our cause is not only Just one Dut
especially strong legally Fiftythirdst between sixth
and Ninh-aves the part which the railroad company
purposes TO appropriate is built up with handsome
stone residences which principally occupied by their
owners There very little travel on the street. ana as
II is only fifty feet wide the operating OF an elevated
road through viii entirely ruin 1t for residence pu
poses. Already the prospective din and roar OF the
several persons occupying rented houses have given no
tice Of their intention to move out in October, Wne
others have already gone. Houses which have rented
for 81 900 are offered to-day for less than half OF that
amount and go begging for tenants at that IL Is the
best street along the route and will be the most injured
by the road There other streets where crossing
TO Ninth-ave. could have been made without causing
much injury. as there are very few houses on them'
notably Fify-6fth, but the railroad company wants
Ffyhird because presents less engineering difficult
ties We shall institute suits in the United states Courts
and Others for damages, nuncons, etc., and will secure
our rights, matter OF sefpIeservaOn II 1t is pos
sible to get them, and we believe IL is"
Another member of the committee said: 4" We took
steps begin these proceedings long ago, but were told
by the officers Of the company that if would not take
action and would aid them in securing the right OF way
through another street, they would not build through
Fify-thIrd. We found out our mistake, however When
Fiy-thirdst was opened and the property condemned
for that purpose the Corporation became seized Of 1t in
trust for the of street in like manner as other
streets then used There were no elevated rail-
roads those days. Each prOpertyowner was guarau-
teed unObstructed ngress and egress light etc, the
same as enjoyed in other at that time Planting
iron columns the sidewalk in front Of doors, with
steam cars running within ten feet Of secOndstoy
windows, causing stenche noises jars etc, cannot pos
sbly be called occupying street In any such way as in
tended when It opened. When the street was
opened the prOpertyOwners paid nothing for their
pensaton TO have the street put through but the Cor
poraton OF NewYork City engaged, by valid contract
with the Of lots and their successors that the
street should be kept open and occupied other streets
then kept open and occupied, and the building OF
elevated railroad violates that contract contrary TO
the Constitution of the United States"
A large property owner said; 4" The road lie taking
thousands of dollars from without any compensation
have lost 81 900 in the renting of one house with
In week. account Of the road. have been assessed
In with other propertyowDers. large amounts
anything about what 1t shall be used fort Shall few
prOpertyowuers lose half the value Of their property for
the benefit OF other prOpertyOwner in the upper
part Of the Island without any compensation Can this
corporation drive away from our homes, and deprive
us OF thousands OF dollars without any return is II
possible that such can be law and justice in this city at
Many other residents were visited and all talked in
similar way The feeling against the road was evidently
Joining together to institute legal proceedings and they
will work in conjunction with the Fifty Street
dents OF Sxtaye IL was stated yesterday. bad been
RIessseu 70 .S S1T Tays as s snS o.
dents, physicians and Others, including exSurgeOn-
yesterday in regard to this matter.
Some Of the Ftftythrd-st property owners together
with Mr. Virgins, OF the NeW-England Iron Company,
have prepared vOuminOus complaint against the New
York Loan and Improvement Company the Metropolitan
II. Pullman and G. K. Garrison conformity which has
been submitted the Attorney General. This move
ment was mentioned IN THE TRIBUNE yesterday Messrs.
Meade Pryor understood have been the counsel
Is. 4.
ler The AttOmeyeneral has been requested TO insti
tute action behalf Of the people Of the State plain
tiff TO force the dissolution OF the Improvement Com
pany and The annullDg Of the contract under which
the Metropolitan Road was mortgaged to It. Among
other things this complaint alleges that Messr Navarro,
Pullman and Garrison possess exclusive ownership and
control Of both defendant companies and that they
entered into contract with themselves IL were
10 build the Metropolitan Road without due regard
the public interest and IN violation the conditions OF
the charters Of both companies and that while $780,
600 mile would have been just and liberal compen-
satiOn for the building Of the road 81 100000 mile
Is provided TO be paid for the same 1t further alleges
excessive Of stock and bonds and claims that by
reason OF damages inflicted upon persons owning prop
erty along the line OF the Metropolitan Railway, such
citizens have become creditors Of the road and
titled just compensation but that the practical effect
Of such enormous bonded Indebtedness will deprive
them Of securing their rights It is under the latter
Of the complaint probably that the residents OF
Eythrdst made parties TO 1t under the claims Of
creditors.