New-York tribune., 1878-10-03
TIE ELETATED RAILROAD WAR.
COMMENTS on THE GRAND JURY'S ACTION.
WHAT Is CHARGED AGAINST THE MANAGES OF
THE ROAD-EXPERIMrNTs TO LfssEN TUE

NOIsE-oPINIONs OF COUNSEL OK BOTH SIDES
The old battle between the SiXth-aYe.
prOperty-owners and the Metropolitan Elevated Ral
road promises TO reopen with more than lls oris'ia
bitterness The Grand JuryS action gave rise yesterday
10 much comment. The opponents Of tho line are san
rupe that they can show that IL Is Illegally managed
aud is nuisance while the counsel OF the road are CON
hdent III the strength OF their cause
Edwin Meade, counsel for the property-oWner' VINO
made the complaint which resulted tho presentment
by the Grand jury said yesterday: The Metfopoh'Sh
Elevated Railroad has fulfilled scarcely any Of the pro-
visions OF its charter OF the laws relating 10 Sueh
a company We ask that sult be brought against the
company because Of the necessary noise and annoy
ance To proveryOwners That this Is fact we can prove
by the evidence OF largo number OF reSlden'S
along sixth-aye and in the oross-streets Oh
each side, Thon, too, the ROAD Is mo
gally conducted. Any company Is compelled 10
file a certificate signed by two principal officers that
25 pcr cent OF its capital stock mas been paid H.
The Cuuuty Clerk certics that such certificate mas
been filed by the Metropolitan Road report Is also
due 10y such II company 10 the State EngneeTs ONCE
The State Engineer said September 26 IN answer 10 All
inquiry The Gilbert Elevated Railroad Company nave
never reported this Office although report was duo
from them They liable 10 the penalty for delay
ing TO report, bu; tho seems never 10 have been
prosecuted The law also requires that they sail nc
once year an abstract Of the condition Oi inc company
Tis they have neglected do. Every provision OF the
law has been igucred by them Inen superintendent
Lamb OF the Bank Department, states that the New
York Loan and Improvement Company never made
report to his department This Is in tho face OF the pro-
vision which requires all trust ana Improvement eopa
MES 10 make o report twice a year"
at It's interesting also" added Mr. Meade, TO look al
the statements made by the two companles-the Loan
and Improvement Company and tho metropolitan Road
for they merely form company inside OF company
statement made to the COmmSsIOner of Taxes and As
sessments April 81. 1877, by the Gilbert Company.
shows the capital stock be 100000 There Is added:
tho capital stock issued has been absorbed IN paving
for patents, engineering, etc. The company owns no
property over and above It's liabilities No actual value
10 the stock This il copy Of the Orgine which was
signed by VIM Foster. jr., president Another report
for April 80. 1873, gives the capital stock
Maid IN AS S3275OO Now turn to the New
York Loan and Improvement Company. The caplth
stock actually paid In was given Aprl 30 1878 IN the
report TO the Comms soner OF Taxes, as Sl3O3OCO OF
this real estate Of the Elevated Railroad was given
az Sg75, 800 This signed by jose +. do Navarro
vicepresdcnt By these devices the road and the I'm
provcmeu Company have escaped the payment OF any
taxes IL may be stated In ronnd numbers that the road
PAYS interest S5OO0OO ana makes 20 cent over
III these things viii be brought out IA tho hearing be-
fore the AID think u VIII be clearly
shown that the road has been neither Out nor con-
Elwood f. Thornr. president Of the Sixth Avenue
Property -owners' A,socat H. sand yesterday that
the ASSOCIATION not directly Instrumental IN bnue-
ing about the presontmcut, nat II would do AL u
could to help the effort meeting Of the officers OF the
association and lew members was ieih last evening 10
devise plans for opposing the road Nothing definite was
decided upon. except TO give the present movement AL
the aid In their power
VIEWS OF THE CoMPASY's COUNSEL.
Grosyenor z. LOwery, counsel for ihc Metropolitan
Elevated Railway said yesterday " The railroad Is
not compelled 10 take any action In this matter This
merely presentment by the Grnnd Jury not an indict
ment 1t was given out 20 satisfy the preJudicea OF
OF the members Of the Jury hut moans nothing
II Ia
suit against the company on the score mat the road
makes unnecessary noise, aud also on the ground OF
with the Loan aud improvement Company. TINS b
the fret time in the history Of law since the Rev
oution In England government has been asked 10
inquire into compact between two private parties.
The great question, however Is about the noise Tho
pressntmcut dec that We contend
that the Is reduced 70 minimum. Dr. ford' &C
Barker said recently there noise III Mld
sOnave where ne lived, than In SiXth-ave. Al this
time a suggestion was mad, that seems 10 nave
point. A gentleman sad Here - the probem-,o
carry 80 900 people from Rcct0rt 10 Central PARK In
day with the east noise suppose We put on enough
Omnbuses 10 do it, do you thlnk the nose would be
"a point that must beost sight Off that the Grand
Jury which brings this presntmcnt was an untar one
on one Tuesday informed by the Grand Jury
tnat on following Friday evidence would be heard
preparation large body OF witnesses prop
crty-owners and residents-wrro gathered toEether.
-Four ouly were heard: theu came sew
eral for other side, and at o'clock the court ad-
ourned. asked II more witnesses were not To be called
as 1 al least expected 10 nave oHe ior Saon
special brancn ~ the com .aint Tue foreman replied
the fury ddn care to hear any more testimony,
they had got all they could digest Thus the matter
cnded'
EXPERIMENTS TO LESSEN NOISE.
Il has been generally understood thai tho officers OF
the Metropolitan Road have been making constant er-
periments since the finished To diminish tho
noise As nose the point OF attack In tbe pre-
septnept Second vice-Presdent Baird asked yes
eray IN re- gard 20 the experiments that are now being
made He sad: The company has spent much timo
and more trying 10 lessen the noise Inc prob
lem is entirely new one-to get Vrlocly ! WITHOUT
s0uud Edison has given valuable general Suggestons
but has had 10 10 devise any speclnc remedy he
has shown us where the noise comes ffom-whcn Is
great point The make less noise tiah thoSe OF
nv other road the wheels being OF papeT gVo
n dull thud and ring, when struck the trucks are
huIt so as not 20 cnter and the nOor OF the car Is od
with material which prevents II from acting u
board. Then we have tried all Kinds OF exprr
nens with leather, rubber, ielt wood hnd score OF
other Things, wheels and track, without success
ON tho west side OF sixtlaYe., from TWeDtYsecOnd
down Twentethsts, Hn experiment mas been tried on
the rnils- Broad fiat rails, with highly polished sur
face, have been lad down; under these came thin
strip of leather thick band OF rubber, small layer OF
lead and finally thick beam OF wood then tae to and
finally, under the ue another piece OF timber The
whole DOlted together. This did reduce the noise
bur it took much time 10 lay 10 down that II was
practically worthless Men have been here with rubber
tires Of an for wheels One trle his invention "a
hand-car; IL rubber tire IL took twice many
men 10 propel the car as before and they hadn't gone
,p he ~ yips The fire 1ew OF Nome OF these things will
last long It taxes tO put them down Within few
days man has brought In what promises to be good
thing Ho Ia Dane Swedc. His invention Is pat
ented something like this The fiat side Of
the wheel covered with concayo piece OF rubber hol
within; the space Inside Is filled with
rial which the vibration from the wheel and
absorbs the sound. If the comes in 10 morrow
shall Try hs invention on one OF the cars that are being
repaired. Az any rate IL will be tried this week"
The Attorney General this morning, IN one OF the Su
premo Court will listen TO the preseBtnent IL Is
undersJOOd however that the matter Will be postponed
n week, some OF the counsel have engag genents
which WIN prevent their attendance at this tlIne
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