The New York herald., 1879-07-28
BROOKLYN RAPID TRANSIT.

EFFORTS OF THE KINGS COUNTY 81" RAILROAD
TO SET ASIDE THE STAY OF pRocEEDINGs-
ANXIOUS TO GO ON WITH THE WORK. -.-
The announcements that the counsel for the Kings
County IL" Railroad Company had obtained an
order from Judge Barnard at Poughkeepsie, to show
cause why the stay of proceedings granted
on motion of Corporation Counsel Dc Witt
last week should not be set aside. pending
tho decision of the Court OF Appeals, created
excitement and comment in brooklyn yesterday.
1t will be remembered that In the early part OF
last week Mr.. De Witt who is counsel for the Asso-
citation of Property Owners on Fulton street. who
are opposing the Kings county road. of which Mr. II
G. Bond is president obtained stay OF proceedings
from Judge Barnard. sitting in Brooklyn. enjoining
the latter company from beginning their work until
such time the Court Of Appeals acts upon the de-
cision of the Supreme Court. General Term in con-
frming the report of the Rapid Transit Commission
authorizing the present route. The company is most
desirous OF going to work early pos
sible. the Common Council has limited their
time for the completion OF the road to August l.
1880. The order granted on Saturday last by Judge
Barnard Is made returnable on Wednesday next.
when the status OF both parties will be duly con-
sidered. or course there Is not much importance
to De attached to the latter order as 1t is merely
temporary preliminary to the hearing Of
argument which may be decided either way.
Ex-Alderman Jesse G. Carman who has been the
recognized agent OF the Kings County IL" Eailroad.
said to HERALD reporter ~ am not stock holder
in the company. but have taken an interest in the
matter OF rapid transit and in the efforts OF the
Kings County Elevated Railroad Company to estab-
lsh route here. The capital Is mostly that OF
Boston and New York men far, though Brooklyn
capitalists will invest rs the work proceeds. The
object in obtaining order for stay of pro-
ceedines is. should say. though cannot speak
for the company authoritively that they may take
advantage OF tho present markets for material aud
labor. They are anxious to proceed and lay the
foundations the pillars before the frost sets in
Then iron is going up gradually with the demand
for that material. An advance of s. per ton iron
would make difference in the cost OF the road to
the company OF between $5O0O00 and $500 900. This
material and other things must be taken into con-
sideration in calculating upon the progress work
of such magnitude" fr t
III this stay OF proceedings is granted now will
'Well, they would like to have all the holes dug
for the foundations Fulton street, from the ferry
to the city ne before Saturday night next If there
no legal objections; but OF course the law.
raad Company. believe is very uncertain. II they
have to wait until the Court OF Appeals meet in
latter of September the first part Of October
though they have preferred case on the calendar.
much time will be lost. and it would then doubtless
be very late in the season to begin work.
''But will not the Kings County Company
counter legal difficulties the crossings where Pres
ident Brutf. Of the Brooklyn Company. has already
nine points of the law 2"
.'Wel that will be matter for the courts to SET
tie suppose. Mr.. Bruf has put up few wooden
posts to secure the crossings He thought that the
than see him make any progress. he began to dig
holes and lay some blocks Of granite. He fell short
of money, However. and two weeks ago unable
to pay oil the wOrkmen employed. I don't think
GENTLY any Of the grand thoroughfares to invite
capitalists to invest their money"