The New York herald., 1878-10-13
E1-Judss Portsrs Speech in Behalf Of the
Metropolitan Elevated Railway.
This ROAD is OUR PRIDE" !"
West Side Grumblers Have Their Final Say
Before the Attorney General.


announced that he must leave IN the afternoon for
Albany, and that the hearing would therefore have
10 be greatly shortened. The attendance yesterday
dwindlsd down to nothing compared with tho pre-
vious day, and only four property owners were pres
snt whom tho proceedings were opened
Mr.. Mcdonald, who appeared IN behalf OF Mclean
Shaw. the owner OF one share OF the New York Loan
and Improvement Company, ana also OF the property
owners. made lengthy speech. asserting that shaw
had not bought his share last July ordor to
serve dummy complainant In this case, but IN
good faith. He claimed that by its violations OF the
law the Nov York Loan Improvement Company
had forfeited It's charter aud had ceased 10 exist
The Attorney Genorai-What, then, IL us condition
nows
Mr. McDonsld-Ils nothing. nothing at all It's
absolutely dead
wuy sUIT3
The Attorney Gsneral-Then what is the use ol my
bringing this suit against III
Mr. Mcdonald tafter long hesitation and silence)-
we sir. believe the Attorney General has to spread
tho frc.s record that's all
Ex-JudGs Ashbel Green tdryIy)-He wants a certi1-
cate OF intsrment LauEh.er). You will fnd tho
Now York Loan and Improvement Company one Of
the iveliest corpses you camc across. aaghter
Mr.. McDonAld read from the law books to show
that the Attorney General had often ntersred against
moneyed corporations on account Of irregularities.
A STUNNING QUESTION.
The Attorney General-Evon couceding these de-
fscts irregularities the organ zaIion OF the New
York Loun aud Improvement Company It is conceded
that tho organization has been perfectly COM
peted that the company gone into business tnat
rs stock is ali paid ups that 1t has expended u large
amount Of money! that Its stockholders are all salts
ned, and that there are creditors. Now can you
show me any i which It has ever been held TO
be the duty OF the Attorney General interfere In
order to wind up In the midst OF its business SOL
vent mpany?
Mr. McDonald-I have NO such case in my brief now.
Mr. Mcdonald then went on &C point out the duties
OF the Attorney General at great length. when the
Attorney General courteously said these matters
were pointed out by the statute already and IL
needless 70 take up the time In this way.
Mr.. Mcdonald quoted from English authorities to
show that the Attorney General OF England
vested with visitorial and Kind OF inQuistoria
power TO 60 through corporations and peoples af-
fairs generally and whether they did right or
wrong
The Attorney General (calmy,-I don't think that
doctrine has come across the water yet.
''THE THREE coNsPiRAroRs"
Mr. Mcdonald continued reading extensively from
the law books TO show that II three men (Garrison,
Pullman and Navarro) got up conspiracy against
the public tnoy should be stopped and punished.
The Attorney General (wearily)-Oh. OF course;
there is doubt about it-no moro than IL three
burglars broke into a house.
Mr. Mcdonald went on reading, while the Attorney
General held his head wcariy between his hands.
Mr.. Mcdonald concluded with urgent appeal, as
tolows:-"We ask you to wipe tins thing con.
csived in SIN and born In iniquty."
Kx-JUDGx GREEN'S ARGUMENT.
Ex.Judge Ashbel Green said that this was an effort
part Of men who wanted collect their debts
thn n
private objects. II was cohesion OF public plumber.
They asked the Attorney General 10 destroy
this road, or, at least, to discrsdit tho
means which had established u as TO lead
to It's destruction. THIS bankrupt New England
Iron Company wanted the Attorney General to help
them coilsc, debt by threatening 10 break up the
Now York Loan and Improvement Company debt
which mad sumbered for years aud never had rpsned
Into judgment What public rIgnt did these gentle
men reprsseuty Was II not their private right be-
they feared tnat II they, property owners,
got Judgments against the company, they would not
bc able TO collect them, because the road was mort
gaeed He felt convinced that the Attorney General
would presume TO claim the visitorial inqus-
itoria prcrogaives OF tho Attorney General of Eng
lana when the property owners claimed should now
Tor the rs time IN this country be exercised
the Nsw York Loan and Improvement Company.
Ex-Judse John X. Porter now delivered u very pow
cru argument which closely riveted tho attention OF
the Attorney General and OF everybody In the room.
HIS loud, clear voice was ringing with Impressive
carnostness. and the manner OF his delivery showed
that he spoke with intense feeling OF what he eonsid-
cred 10 DO the justice OF his cause.
JUDGE PoRrER's SPEECH.
.'lt rarely happens sara Mr.. Porter, "that case
arises 10 which the governments declares war either
upon cilizens or It's own insttutions Tho case
must DO fragrant and an unusual one which will
be engaged the following year in undo DING tue work
o another depart mont the year preceding. You,
STR have not tnsd 10 see that The assault which 10
made upon us Is one that Is founded upon u law
bbnoxious 70 certain individuals, not upon the
ground that the work IN which We have been engaged
fatio NJ n N 1la pr0 and
expectation Of tho ia~-makiog power which created
snis corporation New, when we nave within the
city OF Now YORK hvs miles Of railway such
As cannot be exnibued elsewhere the facc
Of Tho earth. and the practicable operation Of
Il would, the difficulties that threatened this demo-
cratic metropolis and THIS democratic city with the
TO the position which existed between rival cities ana
municipalities; aud when for Ave years that Legisa-
turc @ has oesn engaged 10 struggle 70 produce work
hqusduct We ind that because = great enterprise
sannos bs employed Tor the pubic good without some
degree sf private injury another department Of the
government Is called upon to bare It's right arm and
70 exercise It's power tor The purpose Of tearing down
the GRAND yuRr's PRxsrxrxsxr.
81 Will refer, IN tins cohnectiou. TO that most extra
ordinary document which emanaled from that BODY
Of respectable gentlemen convened Tor tho purpose
punshing crime within the limits Of the county oil
srrs,rn ,no s,s.o sovsrnm.n ana Aa aenon"ees snss
which the Legislature has pronounced be- legal and
the representative OF tho executive department or
the government to retrace the steps winch been
taken 10 deisA. tho benign object tor which such a
contract has been made, and to destroy Tho road
which has been built 1y the expenditure OF millions
Of dollars, and TO connscsts Its property
sNow, the Grand Jury had no more power than the
District Attorney TO make public arraIg OF the
New YORK state Legislature or o the New York State
Rovsrumont aud when We mud II resort to the
u becomes Us consider whether such In nterisrence
with tue iaw-making power Of the State, as repre-
scented by executive and by the successive Iegs-
latufss dscorous; and whcn the honofed Court Of
Appeals OF tins State Is arraiened by the same Grand
Jury which now undertakes 10 arragn the legislative
executive departments of the government We may
well feel that It's purposes are TO be accom- mpsbcd,
u 70 because che w Of the people mas been expressed
again anu again the voice Of the ciizens u New
York In such q extraordinary official act OF
the Grand Jury travelling beyond its jurisdiction
should have the slightest weight
rsiSo ATTORNEY GENERAL
'No citizen is clothed with the authority OF the
Chief Magistrate VI the Legislature wn,ch repre-
ssnts the people, or the Court oi Appeals whom an
nounces nj susains the law and the constitutional