The New York herald., 1878-01-12
RAPID TRANSIT.
Progress Of the Work on the
Elevated Roads.
LEGAL POINTS CONSIDERED.
A New Charter for Freight Trans
portation Wanted.

Despite the incloment weather the work ON the
Gilbert Elevated Railway pushed forward ycsier-
day with great vigor. Tho OF supcrstruc-
ture which being completed from Forty second
street downward reached Twentysixth street last
night the section, which Is being built from
Twenty street downward, 10 now finished 10
Fourteenth street. There only four blocks
from rwenty-sixth 10 Twenty second strectto hnish
Ia order to join the two sections, which wi give
stretch OF road extending over two miles. On the
West Broadway section comparatively little prog
Is being nude, the iron Is wanting Mr. Pull
man, tho president OF the Loan and Improvement
Company land who, with Commodore Q. X Garrison
and jose f. Navarro, the greatest portion of tho
road) attended all day session OF the managers OF
tho enterprise yesterday and was hara AZ work dis
cussng the multitudinous questions that are con-
stantly arising.
LEGAL STATUS OF THE GILBERT ROAD.
She recent vacation OF the Injunction against the
New York Elevated Railroad, which prohiblted them
from building ther road In front of the Pacific Hotel
In Greenwich street, was generally hailed as re-
moval Of the last legal impeachment to rapid transit
While true, however. that tho New York Elevated
Railway Il. e.. tho old Ninth avenue elevated road
which is TO give New York also rapid transit struc
the Third avenue) is now happily freed from
all legal restraints tmpsdments, tile Gilbert Com
pany H. g., Sixth and Second avenue elevated rail-
way) is by means equally fortunate. II will bo re-
membcrcd that In tho summer OF 1876 Judge Sedg-
wick granted injunction against the Gilbert Ele
waited Railway the ground that the rapid transit law
under which that company were acting unconsttu
tional ''rhe Court OF Appeals" said the counsel for
the Gilbert Railway yesterday 'n an entirely diner-
ent proceeding between different parties was caled
upon consider constitutionality Of the law ana
declared that 1t was constitutional Judge Sedgwick,
in vinOh q
expressly stated that he had considered Of the
other objections raised by the horse company
against right Of tho Gilbert company to build their
elevated road, and thus II may be SAID that although
Judge Sedgwick's decision not formally ovcrrued
by the Court Of Appeals, whose judgment was given
in entirely different action, II was undoubtedly es
sentaliy ovcrruled. Judge Sedgwick's injunction
had to be formally dissolved and tnerc
fore appealed TO the General Term Of the Superior
Court composed OF Chiel Justice Curtis and Judges
Sanford ana Freedman. Tho question exhaus-
lively argued before them and their decision may
be expected daily. Judge Scdgwick's injunction
against us slll stauas but, pending the appeal, We
obtained stay Of proceedings from Judge Van vorss
Under ths stay we have been building the road, al
though the injunction still stands against u.s. showing
that iuli confidence in our legal position. In
deed, we confidently expect that the General Term
will finally Judge Sedgwicx's injunction, and
up,d transit ior NO lawyer DOUBTS that the horse
conpaLy's appeal TO the Court OF Appeals VIII be
wholly useless that Court has alreauy decided that
tho Rapid Transit law is CONSTITUTIONAL"
GREAT RISKS TAKEN.
'.But will the horse Company not bring forward
other objections Z"
'.Yes but there is substance In thom only
vexaliun aud delay. Thoy now say that their tran
chlse Is taken from them without npensatlon by
our building TINS road while VIC claim that there
nothing this elevated road which prevents them
from pursuing their business enjoying they iran
chi fpr II
their not altogether taken away It's value
al least is greatly diminished because their prolss
" i'll essaned. 10 that say lhut there Is nothing
in the constitution TO insure the prontablencss OF
anybody's avocation that wo know of.
s.Are the men who havo put their capital IN this
crprse then no longer running any legal risksY"
mo, none worth speaking oi, Tor The result is
now almost foregone conclusion OUT II should be re-
me n,berod to their credit that previous 10 the
csion the Court OF Appeals they were running very
great risks indeed. All this iron that Is being
put up for and made before that do
csion, II the latter had been adverse they would
have lost hundreds of thousands OF dollars. Indeed,
before that decision, 1t was little better than gam
bling. In OF the great risks taken by these men,
therefore, IT Is manifest that they are entitled "
good return upon their capital" ."
THE QUESTION OF DAMAGES.
"How about the damages To be assessed by tho con-
mission " hich was Instituted u lev days agUY'
"rhe first question they Will have to decide will be
whether the properly owners along the street have
title IN that portion Of It taken by our structure.
That we shall deny, except IN lew West
broadway where the land dedicated TO public
as street, but without passing tho title OF the land
tO the city. In u numbered streets aud the
absolute tle was taken by tue CITY aud paid for,
that city the streets and has perfect right
10 give Its public use to US The second question 10
be con sidercd will bo this COncodiug that Ia certain
cases-as on West Broadway, Tor instsnce-the title
land not passed 10 the city, has the abutng
own % more tnan u mere nominal ownership IN tue
lee simple of u streetY How much damage
caused his interests By tho erection OF railroad
peco oil land which he had forever abandoned
ior general public uscY Our claim Is tbat IN the lee
simple Of the street thc aoulting owner has mere
nominal ownership, incapable ot peinR appraised at
more than n merely nominal sum. We DO not expect
10 pay more than nominal damages N any case, II
was decided IN we'll known Brooklyn case In which
claimed 81, 900 from railroad Ior having taken
up the street front OF his land aid thus as he al
ihat The damages were CORRECTLY assessed aI 81"
rbc first meeting oi tho commission vii! take
place February 10.
the NEW YORK ELEVATED ROAD.
Mr. Field, IN reference TO published statement that
Mr. Philips. Oi the ihiTd avonue line had denied having
been negotiation whh him, showed the writer
letters from prominent director of that which
certainly referred to negotiations Oh foot between tie
Two comp inics Mr.. FiclJ's idea Is st That the
vcnicnce Of the puDlic would DO greatly enhanced by
q working arrangement uctween the Two companies,
enabling them TO Issue certain tickets good Tor both
lines. 'lL order 10 have rapid transit IN tho
meaning Of the word" Mr.. Field SAID, ''our trains
should not stop oftencr than once in every mile.
have alrcudy exp aimed how we propose having trains
stop at alternate stations Now, suppose you live
Forty eighth street ana VIC have station Forty
second. For ten conts we snould carry you Forty
second. But suppose also had aDoih her tickotsay
Tor twelve cclts-which would enable you IN addi-
ton to ride Forty second TO Forlycghik in the
first horse car tnat came along--w oud such an ar
rangement not be most convenient u the publicy"
FREIGHT TRANSPORTATION TRANSIT
The New York Elevated Railway inicnu 10 apply Tor
during tue present session OF the Legislature
to authorize them TO build cievaed road uud the
city uiong tho pcrs Inns road, Mr. Field thinks,
would remove the enormous obstacles 10 comm
the way ol nsporaton; ior freight
could then DO transferred from Inc great trunk rail-
ways the elevated road ~ the Harlcm River ana
brought directly TO the docks. But even the rnird
clcvacd road now icing built Is 10 be largely
used ircght purposes. Mr.. Field thinks that at
night when trans are not busy win the passenger
trhc enormous quantitieso OF freight can be brought
city by e elevated road winch viii havca con
siderable number OF iirei.n ut its disposal Ware
houses Will be established down along the Inc
Of road with sdings connected with tho elevated
railroad tr.Ck, SO that the freight cars can J1
swucnod of Into the lrst second stories OF these
buildings and the freight deposited ught tho
premises. Mr. Field coniident that the elevated