The New York herald., 1878-10-12
A Farccal Onslaught Upon the Metropolitan
Elevated Railway.
THE ATTORNEY GENERALS HEARING.
Mr. Loweys Argument in Defence o1
the Road

people and other obJeciors rapid transit
were present. Mcssrs. Meade, Mcdonald, Hutchins,
Pryor aud Fithian appeared in bohalt OF the New
England Iron Company. The property owners aud q
shareholder Of the New YORK Loan and Improvement
Company, namod d. Mclean Shaw, whiie ex-
Judge John X Porter, exJudge Ashbsl
Green, Grosvenor r. Lowery, G. +. Stone and George
Wingate appeared for the Metropolitan Railway
and the New York Loan and Improvement Company.
The leading officials OF the last named two corpora
tions-Mr. William r. Garrison, the president; Mr..
Foster, the woe president; Mr. Baird, chief en-
gincer and general manager; and Mr. jose f. Ma.
varro, vice president OF the New York Loan and I'm
provemens Company-watchsd the proceedings with
interest.
NOT WANT TO BE GOVERNOR.
The Attorney General, being questioned tbefore the
proceedings were opened) as to the threat that he
did sign the present application and beg leave OF
the Court 10 bring scit against tho road he would
have chance OF ever becoming Governor, laugh
ingly replied, Hrhen 1 certainly won't, for don't
want to become Governor
Mr. Meade opened tho ball by reading from very
long printed com plant, tho substance Of which has
already been pubiished. He urged that If tho Attor-
ney General only his auty passengers should be
carried TO the Park for two cents. (Laughter)
The Attorney General desired TO hear The views OF
the property owners present. and Mr. Eilwood Thorne
claimed that II they now near the road
they would not be able to bear themselves think
tLaughtsr) "Attorney General said he, ~ ask you
indictment b. the psople?"
Al this there some laughter and the Attorney
General gave broad smile at the query. Mr. Thorne
complained that the property, lives and the pursuit
OF thor happiness had been taken rom the property
or saying, "By your leave" or .rhark you"
(Laughtsr) Mr.. Thorne concluded in . significant
tone that they" meant to hold to strict accounta
bty the puolic officers II they did not prosecute this
case.
AFRAID HE WILL DIE.
Mr. Robert Seweli, lawyer stout, hearty looking
gentleman, said his mouse was not palace and yet
no must leave IL he would 30 iorth homeless wan
derer, tramp (LAughterL Continued existence
near the road was impossible.
ExJudge Green-You don't mean to diep
Mr.. Sewell-I believe will (LaughterC
He went TO sleep IN snatches oi one minute and
halI and when the running OF trans stopped at mid
nIgnt he actually was kept awake by the strange 81
Mr Lowcry-If we'd haul on the trains altogether
Mr. Sew oil asked Tho Attorney General to file bill
forbiddng the running OF trains after seven P. N.
and before seven A. NJ at whloh there wus consider
able amusement
Msssrs Baliers, stirn, Schemerhorn and Hoggins
then stated their grievances as property owners Mr.
Strn thought the road would drive all the people on
Sixth avenue into the aims houses
LowEKYs ARGUMENT.
Mr. Grosvenor r. Lowrey, counsel for the railway,
after ding great necessity rapid transit
IN New York, owing 10 the peculiar conformation Of
Iic bens6t be enjoyed the people who hal pen
to bear tho inconvsnisnce OF u erumDie. Like bols
but their own tLaugGter) In Tho nrst place every
body wanted rapid transit, then tho Legislature au
tnorized II, then the Rapid Transit Commsslonsrs
located the route OF this company (the company did
moth and they prescribed the precise kind OF struc
turo to DO built, down TO every bolt This was the
structure which was built, and Mr. Lowery went
10 show how the engiacs were constructed SO AS TO
reuder the dropping OF coal-asserted by ono OF the
spsakers--phy siealiy impossible This being an en-
trey new experiment 1t was no wonder that many
dificultles presen ted themselves A. hrsL
..fhese difficulties winch naturally developed them
selves" Mr. Lowery declared WIN earnest veheme nee,
anu dwelling with particular emphasis upon every
word Il take the liberty OF saying navo been met by
ae 10 "A N.
stanty recurring fire oi unntelligcnt GRANT crit
clsm VITA Aaelity 10 the general pubc ana an utter
disregard Of tho amount Oi money required TO euro
these defects and with an Intelligent determination TO
give 70 tho poollc OF The ey Of New York the very
best railroad modations In the word,
Will gain Tor them the admiration aud praise OF all
men.
SIXTH AVENUE MORE PRosPERoUs THAN EVER.
"lnstsad of depopuiating Sixth avenue (as the At
torney General had assumed, TO save umsnt) the
Lowery alluded the crowns OF ladies topping
every fine Gay and The eneumorance Of he wdewaiks
avenue we're beng deserted or dspopulated Il was
easy Tor ew property owners Interested the mat
ter 10 come down mere anu complain; ou. II u were
| General would have the effect OF stopping the road
hali the people OF New YORK would come 70 the CITY
! MIR. Lowery TOOK up the charges made In Mr..
Moade's complaint against Messrs. Garrison, Pull.
man and Navarro that tney were "conduits" and
"lnstigators," AID SAID this was 1ew charge, re-
minding him OF Cicero's GRAFTON Tor Ligarius-..A
aud, until TINS day, unneard Of charge, Caius
C9sa natn my friend, QuIptus Tubero, presented 10
| thee-Damey, that Quintus LlRarius has been IN
| Airica.n ti.eud iaugnter.) Mr.. Lowery then "went
ior shaw and his last July oil one share OF
| the New York Loan aud Improvements Company In
oraer 10 serve as nominal com MT in this case,
II was evident, ne said tnat this Now England iron
| company, a Ioreign insolvsnt company VINO had
broush suit against tho road Tor alleged breach OF
| contract, the property owners who wanted damages
and the aggricved shaw who complained that the
company, OF whsh he was shareholder,
| were making excessive profits, thought
the Attorney General a nero puppet to DO in
motion whenever their Interests demanded Il. Tnc
sat- fortn in an anidavit by Vice President Foster,
| which he read Mr. Foster swoars That every means
cure capital Tor building tho gilbert road, but
| without success "fhe company" Mr. Foster goes
on was utterly without means even TO procure coun-
sci or take single step toward carrying out us enter
prise In 1879 appealed 10 Messrs. Garrton, Navar-
ro Pullman and otbcrs, who are named as defendants
III THIS action, TO Induce them TO look INTO the matter
with view OF advancing out OF their private iunds
sufficient TO bud tho road Tor cash, taking thsir
compensation such securities as had TO offer. with
| the view of retaining them until the entire COM
| pietion OF the road, OF sucn other time as they
| might be able TO reaiizs from them a return
adequate TO reimburse their expenditures
| win suitable profit Tor the risk invoves." Mr..
Foster then states at length the nuaucia reasons Tor
under the name oil tho New YORK Loan aud Improve
other Responsible persons look the enterprise on
any terms whatsoever, aud The Gilbert Company
| would have been compelled 10 abandon It's cnarter
had It's snaecrs not fortunately been ablo 10 ipducc
the gentlemen above mentioned TO come IN, and, alter
larry acquiring from the then owners ali Outstanding
|
out OF tner private iurs, looking soely TO the fu-
ture with all the chances and risks OF litigaoa and
| other opposition, Tor tneir reimbursement" Mr..
Foster on TO state that the cost 0 the road with
It's expensive litigation ana the blocks oi lana be
| bought Tor repair and macnine shops. viii be very
largely in excess OF The amount named In the CON-
| plant.
ME Lowery said that from 500 600 900 400 0oo
damages were beng claimed against The road, ana !,
renamed TO DO secu whether II would really be such
| a profitable enterprise.
colonel Wingate said II was prcpostcrous that tho
Attorney General snouid tver entertain sucn propo-
| sition AS that this company must be destroyed IN
| order 10 bring iarcs down to two cents. The New
York Central, the Erie aud every other railway could
be broken up N The same way II 1t were thought al
! It's proh were too large This man shaw
dummy The action was not brought Ia good aIth and
| should nave avery speedy termination.
Tne Attorney General now ussired to hear some
| thing about tba presontment oil the Grand Jury.
Ex-Judge Green SAID " was the production of a
body oi men with their private grievances, who had
| got INTO tue GfaDd j ury room
Mr.. Hutchins is denounced the ssverv worst or m