The New York herald., 1878-10-13


public decisions, and Al the lime told BY
my friend Mr.. Hutcnipgs that IL is your duty 10 do
these things II 10 with great desrence aud upon rare
ever arragnsd itself against the authority Of public
law and IL 10 only upon the clearest and most abso-
iuie onvic,ion that they pronounce law unconsti-
no Attorney General has permitted himself be used
as an agent OF private purposes unless there was at
Time case Of public injury. al least in mis-
opinion Aud oy public injury l mean an injury 70
the body politic tnwarting and subverting the law
under which the corporation Is created.
THE ASxoYANcEs.
"But they say such road makes noise Is II to be
who believed II possible 10 train oil cars at
such rate OF speed by steam power through the city
OF New York, and transport go 0OO passengers day.
SO tnat there should be no nolses fners was to
noise, and II was to discommods men. Did anybody
cut or tunnel through which myriads OF trains are
passing day oy day, laden with commerce and with
thousands Of human beings, would be OF no inson on
II would be q nuisance, except that the
State cannot commit nuisance. Where Tho
sovereign walks, IL does not lie with any
one beneath him. u does not lie with any munic-
paiity TO say TO him. rbus lar shalt thou go and no
farther That is the language OF sovereignty. The
citizen and the subject not permitted to dictate
TO The sovereign IN u frso republic, and IN such
government ours, whore interests regarded
II sixth avenue were a separate State; II II could
say, .Ihs is the state Of Sixth Avenue, then, IN
deed II could use the language OF sovereignty. But
lhe State OF New YORK holds this city be It's
merciai capital and every man IN this State 10 per-
mitted 10 Call upon the Stale TO furnish the
facilities which will enable HIM to visit the
commercial capital without incon nveniencs aud an
noyance. Moreover. the whole country approves tho
action oil the Legislature. Everywhere We hnd the
same feeling prevailing This road pride, and
he who would destroy this great structure would also
be favor OF sinking Central Park and OF tearing up
the rails OF the New York Central Railroad. Accord
ing the doctrine which they have advanced We
eral OF the state OF New York was called 10 that
office for the purpose of mousing through the cnar
.srs Of the corporations Of the state reading their
not some ground 0f assault by which he
could destroy what the law had created.
There 10 not, venture TO say. one railroad or one
bank In this State which subject 10 The assaults
oI tho government, an Attorney General could DO
found who was capable OF taking sucn action. Yet
they say that II is your duty. and my friend, MR.
hutchins, said yesterday, You must do it,
ABOUT COMMUNISM.
ssHe tells Your Honor that unless you would put
you rself, IN tins matter, In the hands OF Commun
ism.' il understand him correctly, you must .ako
Tho action proposed. anu unless you do SO you are
doing something oy way OF "innaming shis
and whicn prevails throuenout the coutry. Now
when counsol appeal to the spirit OF Communism and
to the controversies between LABOR and capital lei
York the side Of labor aud OF capital, and
that The very spirit wnicn carried this measure
through successive Legislatures, democratic and re-
publican. II The interests OF labor that riumphed
opposition Ia respect 10 The building OF This rapid
roao while road Invaluable ail citi
advan are most keeny fet and appreciated
by the laborinR men VINO lived prior to its erection
tenement houses and reared their children without
education Now they can have u home in the coun-
try, wnere rent Is cheap and where SCHOOLS are ac-
cessbe, and pass to and ir0 10 their daily toll and
save more thun one hour each day. lhey can live in
comfortable houses enjoy the advantages Of fresh
air aud sunshine instead OF in crowded tenement
houses where, times o peril, OF public disaster OF
nre or psstIence. there 10 no refuge. no escape,
either for themselves or for those who are dear to
them.
..lnese were tho that the
selves to the government that built this road that
planted these foundations and reared these columns.
And now alter the structure has been erected ana
road been put IN operation, these gentlemen propose
destroy 1t and TO deprive labor OF employment aud
unrk ninH -,
upon enterprise which Tor SO many
years has been eagerly wished Tor by the people
propose do they ask you be their attorney.
II their theory Is correct, you should find that
port, you are 10 take proceedings against u IN the
nature OF quo warranto Let US sec now that would
operate As alt securities ale vaueiess the Black FRI
day OF the past would bear no proper
ton TO the Black Fridays OF the future.
Every savings bank in wn'cn labor invests ts
nara earned savings would become bankrupt Every
railway IN this State, including those magnificent
works 10 which have referred. would be destroy ed.
No construction Of the statute ever adopted
ny any court and no such construction viii be
adopted, l believe, by the nrss law officer OF the
State.
This closed tho hearing In tho case.
THE ATTORNEY GENERAL GOES HOME.
After the hearing The Attorney General took the
Metropolitan road 10 IwenIy-tnird street, where he
alghtcd 10 hurry 10 the Fiith Avenue Hotel din
ner, and then took the afternoon TRAIN for Aioauy.
Secretary OF state John Bigeow, and the Secretary
inquring socially what had brought the Attorney
General mere, Mr.. SCuoOnmaker repileu Inat he had
just been sitting on The Metropolitan Elevated Rail-
road case.
s.l'll tell you, MI. Attorney General" Mr. Bigelsw
said, emp hatically, ''they may try all they
this road pulled oown Dut believe tnat II such
a thing were really attempted there would be tho
biggest riot New York has ever seem"
The Attorney General, wao is nothing IL not q
diplomat, could not DO drawn out oi his Official
serve into making reply which might compromise
his impartial attitude 10 the He mercy smiled,
and SAID nothing. SO careful and cautious Is the
Attorney General to reserve to himself full
freedom OF action this ImpOrtant matter that
courteousy declined to state when he probably
would render his decision. The horse car people,
the conclusion The hearing yesterday boast
according TO current rumor, that Ihc thing xed,
and 1t was only matter OF u little ums ueiore
the OF the New York Loan aud lIn proven ent
Company would be vacated through the action oi the
Attorney General and the road be pulled down.