New-York tribune., 1879-05-13
A1EGAL BATTLE IN THE STREET.

pointed about year ago.
LEGAL BATTLE IN THE STREET
President w. +. Bruf. of the Brooklyn
Elevated Railway Company, originally chartered as the
Silent safety Elevated Company, together with num-
ber of engineers and workmen, went yesterday morning
10 the junction OF Reid and LexnCtOn-aves. and began
TO make surveys for excavations for the foundations OF
the pillars OF the road Before the Work
OF excayatiug began, however, Acting captain
Dunno of the Ninth subPrecinct Police, IN
formed Mr.. Bruf that his orders were 10 pre-
vent any opening the streets without permit from
the Board of City Works The work then suspended
ana Mr. Brnh hastened to Police Headquarters
where he held conference with President Jourdan ana
Superintendent Campbell Mr.. Bruh explained that the
companys charter gave the right to proceed Win us
work, provided that Its plans were approved 10y lhe
Chief Engineer OF the Board Of City Works Ihat aP-
proval had been obtained General Jourdan replied
that the Police Department was distinctly erjoned to
prevent the opening Of street without permit rom
the City Works Board Mr.. Bruf then visited the De
partment OF City Works, where he was informed t'a'
no permit could be granted except by the cohsen OF INC
Common Council. Mr. Bruf stated that he would not
make application to the Common Council as under the
charter o. the company permit TO open streets was
necessary and expressed the intention oi resunhg
WORK at . O'Clock in the afternoon.
At that hour President Bruf Chief Engineer NostIand
and Contractor FloydJones were on the ground sur
spocistors Captain also present with ser
ceant and squad Of police. After marking on seven
polu-s at which work TO be begun, President bIu
mounted tool-chest, and said: 81 represent uhe
Brooklyn Elevated Railway Company and We are pre-
pared to build the road and employ thousand men
IApplausel The Aldermen have seen fit to prevent te
WORK and You can settle with them IN November nave
this day served protest against the proposed ponce
interference There is much money ALREADY hNesleu
10 give up this work. and the people want It, promise
legal protection and permanent employment II we sue
ceed to all the men who will 20 to work"
In a few moments President Bruf called upon
the contractor to begin work at once OF 10
Give m his contract when Robert NJ FoydJones, the
contract or advanced to the curb ana IL SiIh EoC
shouted, {" command all the men 10 begin WORK AZ
once" The pck-axes were aziy tossed into the street
and as one stone was looschcd ana ~ ~
with the shovel the workmcu quit work and looked nm
plorngly to the policemen for the arrest which snuES
followed The officer making me ISt arrest sIouCoG
the piCk-aXe and shovel when Captaln Duue st"ppCv4
this heavy part of the work. saying that no physIca
evidence required Nbtn sixteen sY9 - Ia, %
DlIpc arrested President BrGf aud Contractor t.VG-
Jones on charge OF melting e men 20 and in
The city ordinances DR. Bum was nuSu'i., %l', m
loud voice said: q protest against TINS uhWa'lau
aDe o,sd and said Captain have cigar.
You are tine best follow have ever met
a COMEDY IN THE POLICE COURT.
The arrested persons were al marched to Justice SEM
leIs Court where Captain Dunne stated that be had
made the arrests on an order received from sernten-
dent Of Police Campbell, saying: Under no circum-
stances will you allow the streets TO be torn up Tor ee
waited railroads other purposes without proper per-
init from the Board OF City Works"
Mr. Bruf IN answer TO the plea, denied that he had
done ANYTHING more he authorized TO do by the
Legislature He said that when he applied TO City Works
Comiulsscucr Faherty aud Chief Engineer van buren
nit Was necessary, and That work could go on. He
added maintain that this Is perfectly Illegal trans
action and that outrage 10 prostitute the ponce
W. Ht @ m iiIofe reasons behind this movement which
l.I4ffr "a ftf
from day TO day shall employ 1000 men, u nee9 De- 70
uro,ccae tus work until give Brooklyn actual RAPID
transit" Loud applausr.l
Jusf co semer-YOu coIne before me informally, ana
v0ur ,plgnatIon accept plea OF not guilty VIII
disch,e the your personal SssuIance that tuey
will bc present when wanted.
Mr. Bruii-I prefer 10 give bond in each case as i
propose institute damage suits and make the tax
Ttre SeGieI@TGcic Is 10 doubt in my mind that
your charter allows YOU TO open The street, without
for 10 try, but as the law sta 7 on i, DOORS
there doubt that you have the sht TO lay your
Captain Duune-I certainly insist upon making COM
plant. -, I'D, ,,,i,,s+ ooc, ,,o,,
The los 10 NV company to-day l. $4,000 and
propose 90 make the taxpayers settle H.
thing too out of so many bonds. y
Bal was Gwen IN 800 each by Joseph II York, Rich
ara G.. Puelps and Mir Bruh and tae examination Was
set down ios MAY 10. at 3 a. III. Il
ROUTE OF THE NEW COMPANY. Il
The route of this line begins al Washington ana sands
ets running along Sands ana IOrt-stS H1dsOu-aYe, Il
on-st and Broadway to Fulton-ave at East NewIork,
aud on to Woodhaven, Queens Co. branch is also au
tLOrZed 10 begin at OF near Hudson and Horksts, and
10 rm along HuGson-aye., Plymouth. Main ana Water
SIS to or near the Fulton Ferry. The charter WAS
granted IN May 1874, aud 1t Is claimed that Oy an en-
abng act OF $40 the tine Tor completing TIE road was
extended until 1881 Three years ago i've excavations
were presence OF the Mayor and Common COun-
II was officially stated yesterday that the foundations
were Oring shipped from the quarrles III Maine,
Massachusetts aud Connecticut, and that each Is TO be
block o. granite weighing not less thah Tour tol. the
frsi lot to here Cn Thursday Ten dhefent con-
tracis have made for the superStrucure and The
contract with 3r Floydo ones compels nm to bulld not
les. fuan milo In forty days. ana ne has given n
guarantee 10 complete the entire line by December J.
The structure is TO be similar TO tnat on lhrdaEe put
lighter Ia appearance and the cars are - run aOuG tue
middle Of the streets The bonded debt on the road Is
The directors yesterday authorized the president TO
ins proeerty and Hr Bruf stated tha he should earn
estiy support the ogden or D per cent damage bill!
FAVORABLE REPORT on RAPID TRANSIT.
The Committee on RalrOa IS OF the Brooklyn Common
Co{prl Yesterday presented report in favor OF the
construction Of elevated railroads the routes laid out
by the Rapid Transit Commission which Was appointed
about year ago by Mayor Howell The routes are very
nearly the those recommended by the report OF
the id Transit Commission appointed by the General
Term of Supreme Court which was made two weeks
ago but which has nOtye bcen confirmed by the Court
The Aldermen aid not discuss the matter yesterday bur
tue subject o. rapid transit the special oroer Tor
next weeks meeting.
Ihe committees report states that RAPID transit mas
become "a necessitg in Brooklyn; That the advantages
offered the methods OF transit IN Ncw-1ork have
already hcgun 10 drain BrOOkiyns population In the
committees opinion the construction OF elevated roads
will greatly increase the value or taxable properly
Throughout the largest portion OF tho city but Its mem
b believe that compensation should be made 10 The
owners Of property damaged DT ths elevated roads II
In the course Of three years such property should
not return 10 its present value. The opinion
s. also expressed that the company which con
struct elevated roads should pay into the city treasury
portion its receipts whether not there should be
damage 10 property. The report provides mat the
company building these roads shall DO required TO give
bonus for 100000 tnat II will into tns city treas
ury SUBSTANTIALLY cent OF It's gross receipts and
also bonds for 100000 for the payment OF damages
caused by the construction and operation OF the roads