The sun., 1878-10-13
DEFENDING RAPID TRANSIT.
THE REPLIES TO THE OPPONENTS or
THE METROPOLIT1N ROAD
The ,ney-Cenerni Drops the rresent-
p,ent Of the Grand Jury-The compnny's
LAWYER CrIticIses the Property Owners.


ment of the Grand Jury-rhe Compnny's
Lawyer CrIticises the Property Owners.
The Attorney-Gcneral continued the hear
ing Of com plants ngainst the Metropolitan Elc-
waited Hallway in the Aldcrmen's Chamber yes
tcrday that room having been chosen in pref
cronce TO the City Library because 1t affords bet
ter accommodation for the public which had
manifested much interest i'm the first DAYS pro-
cccdings. SO many did not. however. attend.
aud the lawyers used M the entire session in
arguing dry technicaities TO which nobody lis
tened. The only interest that attached to the
matter Ms far a. the people Of the city were con
ccrncd. lay in the Attorney Generals disposi-
tion Of the Grand Jurys presentmcnt OF the
road as n nuisance Mr.. Schoonmaker had said
in effect before beginning the hearing that
presentment was legally neither fish. flesh. nor
fowl. not being an Indictment and having no
legal standing I'm the courts. The property
owners at Fridays proceedings only contended
that the road was obnoxious to certain individ-
uals. and was therefore mcreya private nui-
snncc. to ahatc which the mnchinery OF state
was hardly necessary. Nobody appearing 10
present other points against the road. n that
remained for the Attorney General was 20 allow
the lawyers to try to brcak down the Now-lork
Lonu aud improvement Compuny's charter, in
order that property owners suing the Metro
pOlitan Elevated Hallway for damages might not
be- obstruc,ed by tho Loan Companys prior
flul'n on IiF EhiFNhu. lNiN Slluhllbl pl hllulFS
hrld the discussion. down to tho. technicalities
suggested by Mr. Meade's complaint that was
read on Friday.
The arst speaker was Mr.. John Mcdonald, n
lawyer who has been employed In many Of the
rapid transit iitigntions for the past five years
He represented the interests of property own
ers on the line ot the road. After recitng the
failure OF the Loan and Improvement Company
To- complete it, organization, by securing ten
per cent payment on its capital stock, by neg
le"ilhg To make is reports to the state Comp
troller and the Engineer and its non-compli-
lssH A..
Donald said thnt the Loan and Improvement
COMPANY had not only invalidated it, charter.
hut TINT the charter was void and the company
WIS dcad-ahsOlutely dead.
Attorney General Schoonmaker inquired II Il
was set NJ TINT tho company was dead why IL
WAS necessary to ask taat suit be brought
Mr. McDonald replied that IT was necessary to
take proceedings In order that u decree might
b. entered in due form.
Mr.. Schoonmaker-I understand that even
organization Of the Nav York Loan and I'm
provemcnt Company did occur, rs you insist 1t
j. now conceded that the organization has since
been perfectly completed. that the Company has
gone into business. that its stock is all paid up.
that It has expended "A large amount OF money.
there are no creditors. Now can you cite any
case n showing IT TO Do the duty oithe Attorney
General acting for the public interest only. to
midst Of It's business?
Mr. McDonald-I have not covered the case in
ny briei in Just the way the Attorney General
Mr. Mcdonald made the further poin, that
the railroad company had misuscd its franch -
/ rs u mcncyed corporation. which he claimed IL
tu be. The company received its charter with
tho understanding that 1t should .construct a
safe ana feasible rapid transit railroad. The
general railroad law authorizes II. II its capital
WAS sun ;ieut, to issue more shares but il had
done more than mat and multiplied them Ia
excess. Tho stock hnd been issued 20 an
am 'unt that was excessive bevond inag nation.
and this WAS productive 81 infinite mischief tO
thr people Ut large. This question was 81 inter-
est 20 the whole community. interesting because
OF the evasion ot taxation hy the road and be-
muse 90 the wrong done TO many citizens. The
unlimited issue Ot bonds must DE stopped or the
ruad Will become insOlvcnt. IL steps were moi
taken now Il would soon be too late and the
e ef ~ bdr P TraoS Te"y amy an955 iea
irUm the law reports t. show that there were
many precrderis for a suit II the unturn OF the
| one the Attorney General was now asked to be-
Mossrs. Fthian and Hui,hins spoke briefly on
/ tchnli 1' the romplhinuuts.
kN-JUiEr A~ab.i Green. counsel for the Loan
ana lmproN"n-nrC Compnny, submitted nn elab-
/ orW" written hricf. which ne did not read. Ho
TWO corporatl 0us was like the cave ~ Adullum
Wherein were collected all the discontentcd all
/ eNpeount who lad ucSlled their grievances as
kcarney pooled his issues. in the hope OF
/ breaking down rapid transit.
EN-Judge John X. Porter made the closing
/ argument on behalf OF the Metropolitan Ele-
I NWcd Halfway. The prcscntmcnt of the Grand
jury. hc said. WIS a most extraordinary docu-
u'ht body of men convened to prose ute
Grim" hal gone on - arraign state. Their
u'iion was lud"'urous aud inconsidcrate They
dld not uudcrstnud what they We're doing. and
i u Wns not 70 be expected that laymen should
/ understand H. Tho State could commit no
nuisance. The State is sovereign. and 1t does
NOT lie ia the power Of the subject the citizen
/ 60 say tu the state, Thus far shalt thou 20
/ and no farther That is the language of SOW.
"rcisnty. MIR. Porter said that II these corpora
/ there wns not sank nor a railway that could
/ not ne assaiied II an Aiorney-deneral could be