New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-01-01
DIETING TIE COTRT.

BROOKLYN ALDERMEN IN CONTEMPT
PASSING \ RESOLUTION OVER MAYOR H0wELLs
VETO AFTER BENG ENJOINID BY JUDGE GIL-
Justice Gilbert. Of the supreme Court of Kings
County filed early Yesterday morning a decision
continuing the Injunction restraining the BrooiIyn
Aldermen, who voted 10 give the use OF
several of the principal thoronGhiares Of
that city to the BROOKLYN Elevated Rail
road COmDanV. from overriding NaVOr How
ellis message vctoiug their action. The Justice
states in his dec sion that the route Of the railroad
was lalddown by the Legislature which granted rs
Woolhavru, Queens County. Ii further gave the
company the right to construct its road on such
streets and avenues may be ordered by the Iayor
and Common Council OF the CITY OF BrookIyn as
being most suitable for carrying ont the object
contemplated IN the erection OF such railroad
Jrdgr bert Sayst that under the last clause OF the
section quoted. " the Common Council claims the
right to give permission for the erection 0i cie
waited railroad in Fulton-st, MyTtle-ayc. and
several other thOrOUgHiarcS not mentioned IN the
act Of Incorporation lie holds tldt the Common
Council has only limited power, and tha while the
Court cannot control the proper exercise oi It's func-
tons il has q right 90 IntcrpOse Its authority whore
private rants OF interests threatened. The RIGHT
to interfere with streets exists only under statcS
which very clearly laid down, aud these do not
dispose Of the OF the streets of the city To- rail
road corporations without the consent OF owners
of property does not exist ~ the Com
mon Council nor in the Legislature. Under
the charter of the Brooklyn Elevated
Railroad Company special authority IS conferred
80 far as the route is concerned upon the Mayor
and Common Council. The statute, Judge Gilbert
holds plainly requires the consent OF both Bat the
Justice thinks that even this power has ceased, aS
on September l. 1879, the company mOrtgagcd all
lis nights and became hs"E"hi: lie gays that
the resolution proposed j. plainly Illegal because 1t
not only permits the company 10 usc the streets
named, but 80 many others never contemplated by
the Legislature. In concluding his opinion, Judge
Gilbert refers to the fact that The company is IN the
hands of receivers and lh- mort cages upon it are III
.0l q prg are Dt gl
the Court and their duty IS simply 10 protect the
property during litigation.
DESPITE this decision the seventeen Aldermen by
whose votes the resolution was first passed at the
adjourned session OF the Board voted 10 override
the Mayors veto of their resolution. The proceed
lugs were had with closed doors, President Black
beng in the chair. Guards were stationed at
every door 10 prevent any but members from ell
tcTug, for the assigned reason that the Aldermen
feared that another injunction would be served
upon them. They evidently hoped that Judge Gil
bert would dissolve bis injunction, IN winch case
they we're prepared to override the Mayors veto.
he news of the Judges decision was, however
carried t. Them IN session great crowd OF property
owners and politicians filled the corridors OF the
binding, and much excitement prevailed rs 10 the
probable action of the Board When, after sitting
Tor an hour, tie Aldermen emerged one by one, they
declined to say what had been done, but it
soon became KNOWN l-aI thc ,Eeto had been over
ridden by vote OF II to ;. The members were OBJ
served to avoid the Shcriu's deputies to guard
against the possibility OF arrest Tor contempt of
court. Alderman Dryer made the motion to pass
the resolution Jhe veto, and the previous ques
ton was ut once moved to cut oil all debate. The
MOTION vas carried by the following:
Aguinst-Dm0l, Jones, BIaCk-3.
T6I-Dwyer, McCariy kanf Weir o Conncl, Casey,
Donovan. Lefine. Doyle, Allison sclIui.,, Waters,
Bowers. Roberts, seaman. Kelly, Armitagc-lT
AbSel1t-Ma!colm, Merge, Baird, Hacker, Frltz-5.
motion to reconsider the matter was lost by the
very same vote There is great Indignation among
property OwneTs at tus action, and action Will prob
ably be taken at once by their counsel. The full
punishment Tor contempt OF Court is a fine Of $50
or imprisonment for thirty days, or both Al tine
dcclctiOn of the Court. II was believed that the
men have retained Winchester BrittOn, cy-Dlstri,t-
Attorney as counsel. Mir. Barrett. the counsel ior
the property owners, said yesterday that ne was
Judgo Gilbert on tuesday. Several of them IL is
SAID, have left the city.