The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-08-08
PRICE TWO GENTS.
SEEKING FOR PROTECTION.
RESIDENTS or FIFTY THIRD sTREF7
COUNSELLIN0 TOGETHER.
what Measures were Proposed TO Compel the
Elevated Railway Company TO Cea.e Work
orto Pay Damages TO the Property Owners

what Measure. were Proposed TO Compel tho
Elevated Railway Company TO Cen.e Work
orto Pay Damages TO the Property Owners.
Rows Of CHASTITY looking lights close TO
the ground. boarded sidewalks. and upturnod
pavement showed last evening where tho Sixth
Avenue Railroad Company have already begun
their branch track along Fifty-third street from
Sixth to Ninth avenue. Opposite st. Johns
Methodist Church the disturbance IL moro than
ordinarily noticeable. and the church itself was
lighted inside not by the company indeed. but
by band Of Fiftythird street property holders
who had met to adopt some means to stop tho
work which Is In active progress
Thcre were lust twonty persons present tive
OF whom were ladies'. and they were assembled
in room 80 small as to afford but scanty &C.
commodation for Its occupants. The doors
leading into the church lecture room were open
and. prayer meeting being in progress. the
hymns, speeches, and petitions came floating
in with degree Of force and fcrvor that o.
casionaly drowned the voices Of the property
holders.
The residents Of Fifty third street along tho
proposed line OF railroad met once or twice boz
fore TO arrange some plan for the protection Of
their joint interests but nothing definite was
done. Mr. Jarof Lawski presided last evening.
and. having explained the object ofthe meeting.
he introduced Counsellor j. Herrick Henry.
who in a long address pointed out to the proper
tyholdcrs that the railroad company had no right
to build a road from Sixth To- Ninth avenue, or 10
cross Broadway farther down town. The case
under discussion, he said. was entirely different
from any that had yet been tried, but no would
advise that n suit be instituted. not by any OF
the residents OF Fifty third street. but by somo
one who was a nonresident. but who owned
property in the street. by that means the case
would be tried In n Federal. instead Of n State
court and all old issues would be avoided. He
"a "a nj tfttt tba
from proceeding with its work had better 10
applied for at once. aud. though he did not de-
appointment. he would say that tho application
would be- succcseiul. He reminded his hearers
that funds would be required for the protection
Mr.. Charles VI. Hall, who is also lawyer ana
owns property in Fity-third street. submitted
inatiOn, tending to extract from him rea-
son why ,thr, suit Of q Fifty-third street
ccssiu than ' those YD Of Various DS'0 o sHs
persons who had cndcnvored TO protect
what they esteemed their rights and failed He
said that SO far rs the crossing of Broadway by
tho elevated railway was concerned no had
been Informed that the thoroughfarc at Thirty
i3urth street was not really Broadway. but
Mr.. Henry explained that the suits heretofore
brought against the company were for such
grievances ~ noise, sm9Ec, and unsighty APP
p"lraucc Ot the elevated railroad, but hero, re
said. was absolute damage 10 property. from
which the persons threatened were clearly en-
itlHd to protection.
While Mr.. Horny was speaking the closing
hymn WAS sung. and the beucdiction pro-
nounccd in the lecture room. and several Of the
congregation went into the meeting.
Mr.. Hal waa not satisfied. He suggested that
instead Of trying To obtain mn Injunction the
property holders should SUI for damages.
Mr.. Peter he"rncy. no connection OF the Call
fornin agitatur. but the owncr of three houses
on Fiitythird street, asked Mr. Hall il he pro-
posed to wait until the rnad was finished. and
! advise property holders to sue mt once and ut
ne end 81 two weeks e. sue again; and Mr..
| kearnry responded Oh. YES: you, as law
yer. would probably bc glad 70 80 on suing all
| your lie. but amt afford it,
a general laugh followed this sally and Mr.:
| kcarney won't ON TO express his utter disbelief
~ ever Obtaining n cent from the company in
the shnu" OF dAma.rs. As he sat down. tho
two ladies arose. and. despite DR., salvatore
Caro- entrcaties to them t. resume their seats,
they passed out of the room. DR.. Caro- said he
feared If the members went away in that man
Nor the meeting would break NJ as those pro
redinx i had done without anythin. being nc
cpmpii-hed.
gentleman who had come in from tho Ice.
turc room at the close II tho services ngreod
with Mr.. kearn"y that il would be- Useless tO Sue
would unlcriakc To- put into his eye all tho
money ., that could be obtained in that
a ny, III Sc Ys 'sr at.n, for nome houses q
road They had rented for $500 year
nei9r ~ G roql WIS bul't' ami they were now
damages could be- obtained from tho road.
cXcept; perhaps. by the united effort
assured TINT in three years time. there
" lull not DO a vcstige Of the elevated road
| It. but that result would b. achieved by
thccXcrton- Of AL the persons owning property
on the streets through which II ran. and not Ivy
meeting oi lttlr men Of Fifty- third street.
Mr.. Janof Lawski. the Chairman. urg, upon
the meeting the necessity OF Immediate action.
He said. too; that the best remedy for thc evil
lay NJ the polls. Tho voters of New York had sent
u the Legislature and given the responsible
OF chnmpionins their Interests mon whom they
would not at any time have trusted with a Ave
dollnr bill
DIR. Caro- suggested that the opinion Of cmin-
cnt lawyers be taken. and an assessment Of one
per cent. On the value OF all property in Fifty
third street be- made 10 cover expenses. lie
800 The members lookcd rati"r 'A 5lant
At this. Mr.. Hail thought such
foe would be about rig.it. aud aftor speeches by
Mr.. Myers and others. a collection Of 81 head
WAS taken up, and tho committee previously
appointed authorized to take lawyers opinions
~ to the po-pcct Of succeeding IN the applica-
tiun Tor an injunction.