The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-07-19
COMFY ISLANDS HACKMEN.

AN INJUNCTION SERVED UPON MR.. WANDER
vEER-LEGAL VIEWS ON THE cAsE-AN I'M
PoRTANT CONTEST FOR THE SEASIDE RE-
TREAT.
The hackmen OF Coney Island anxiously
awaiting on Thursday night the coming of their
legal Champion Mr.. James w. Ridgway. with the in
junction which he had obtained against Mr.. William
yanderveer for the protection OF the privileges In
front of his hotel which claimed by him. Mr..
Ridgway was detained in Brooklyn until late hour.
and . good many whip holders wore rather gloomy
countenances until his arrival as they knew that in
the injunction there stipulation that it must be
served upon the defendant before the following day.
Wien, however, he appeared there was considerable
jubilation. and shouts OF JOY were uttered The OPP
position had already got wind of the contemplated
coup d'stat. and exchanged frequent notes of warn
ing. When. therefore, the potential document
forthcoming the owners of the stage lines not
at all disconnected. Mr.. vanderveer did not well
succeed in assembling his wrath. The Injunction
which probably represents the initiative step in
important and interesting legal contest bears the
signature of Judge Moore. who. in the absence of
Judge Barnard sits as Supreme Court Commissioner
Supreme Court Judge pro tenn. 1t is as follows
SUPREME C,ounr, KINGS covsry.-Henry g. Pendls.on
summons and complaint in the above entitled action and
attorney for plaintiff it ordered that said
his agents and servants and each of them be
from moesatng interfering with the plain
Ing or having any hack vehicles carrying
carry TOR hire upon certain space
Island more psrsea'ay described and referred to
taking such in front of said hotel
in the from @ S h s
plaintiff or his said agents or any such hacks
soS
s "a a. n e Il . Of a n sse
o'clock in the forenoon soon thereafter counsel
s GoeTs msy sss% % Tn AS County
BROOKLYN, July II, 1879.
THE MER1rssoF THE CASE
somewhat similar question of public versus pri
vate rights that OF the exclusion of hackmen
from the sands belonging to the Manhattan Beach
Company Two important points of difference. how
ever exist. The Manhattan Beach has never for any
considerable length Of time been traversed by any
path which has been frequently used consti-
tute it in any sense public way. Besides this the
title to the land is vested in fee simple in the Man.
haitian Beach Company. The space claimed by Van
derveer, on the contrary. is. as claimed the COM
mon property OF the citizens of Gravesend.
For o number Of years, too. it has been
attorney Of the hacken that this usage extended
the period OF twenty years. which is to
constitute it public highway.
There other points which, in whatever way
they determined, will have bearing upon every
part of the island belonging to the people OF Graves
end. In conversing upon these lawyer who is in
terested in the case said yesterday to reporter:
1--WE feel quite confident that this injunction will
made permanent one. Our argument is based
vanderveer's Hotel, irrespective of its for
mer public use, which of course cannot
be denied. is public highway. The public
have the undoubted right to approach and enter q
hotel. and besides this they have the right to ap-
proach it and to leave 1t in vehicles OF their
choosing. The hackmen are not only part of the
public. but in plying their vocation they serving
parture from the hotel. Here two strong points
in favor of the hackmen. Mr. vanderveer admits
puted ground and excludes others He admits the
right of any one to enter his hotel. No; he can
more prescribe the approach and departure Of GER
vehicles than he can say shall go and depart
in certain kind OF shoes. The publicity of hotel
is not one sided as to apply only to people who
legged stage coaches. No more does it apply to
things themselves to the exclusion OF others OF like
kind.
MoSopoLIEs ON THE ISLAND
II think, continued the lawyer. THAT some pub
lie steps should be taken to check the graspng dis
position of the people who have obtained possession
of Coney Island. 1t is daily becoming more and
more conspicuous. One thing which ought to be
island to the other There is ten times more than
enough travel there to warrant such enterprise.
The public have the right to demand 1t. SO far as
the town OF Gravesend is concerned. it would in
the value of its title. and there should be
opposition in that quarter As it is, monopolies
are attaining u rank growth on the island and they
will Cypress any one who may come within their
REACH
These ideas are echoed by great many intelligent
and well informed citizens of New York and Brook
Ign. The hackmen mach incensed against Mr..
Stranahan, the Brooklyn Park Commissioner, for
failing. as they say. to keep certain promises in
gard to their of the Corcourse Pendeton in his
affidavit speaks of the space in front OF Vsnderveers
as 1.-THE site of hack stand intended to be estsb
lished and the erection of which has been COM
menced by the Park Commissioners deponent is
informed and believes This refers to the filling in
of hollow in front OF vsnderveer's. which is said
to have cost the city of Brooklyn $1,000 but OF
which the newly made surface Is claimed by
Vanderveer under his lease.
Mr.. Philip y. Crooke is to represent Mr. vsnderveer
in the contest on the injunction which Is made
turnaole on Monday next.