New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-12-06
INVADING THE BOULEVARD.
pAvEMENTs TORN UP FOR A RAILROAD.

TRACK-IAYING PREyENTED-JUDGE VAN WORST
OPPOSED BY THE CORPORATION COUNSEL
Judge Van Worst of the Supreme Court, yesterday
issued an order retumabe at his house at $50
D. m to compel the city to show cause why the Nintn
Avenue Railroad Company should not be permitted
to lay railroad tracks in the Boulevard. The order
was read at the meeting of the Board OF Aldermen
The order is in pursuance Of an action begun by
the company to restrain the city authorities from
interfering with the extension OF its railroad from
Sixty-fourth-st. to and along the Boulevard, FORM
erly known as the Bloomngdale Road, thence
along Tenth Avenue to the Harlem River. com
mittee composed of Aldermen Kirk. DeLacey and
Finck was appointed to confer with the Corpora
ton Counsel as to the position of the Common
Council In the matter.
The CORPORATION Counsel, George p. Andrews, at
I'd m. called upon Captain Ryan, who was in
charge at Police Headquarters, and requested him
to send out the following order to the police:
GEORGE W. WALLISG. Superintendent Of Police. -
ing TO interfere with pavement railroad tracks
on the Boulevard slxy-fourth or si1ty-fnh ats.
Disregard order OF court OF Judge autnorlzhg
such Interference with pavement or laying o. tracks.
Such order II granted will be without jurisdiction anu
nullty. GEORGE T. ANDREWS, Cofporsuoh OoulSol
CAPTAIN RYAN sent cut the order to the police.
WHAT DEPUTY COMMISSIONER HAMLIS SAYS.
Frederick H. Hamlin, Deputy Commissioner OF
| Public Works who was found at his home, No. 500
Madison-ave said that he left his Office at later
hour than usual and up to that time no papers had
been received in the case of the Ninth Avenue Rail
road. "The history of the matter" he continued,
" is simply this What is known as the Ninth
| Avenue Railroad Company some twenty yearssag
obtained the right under franchise granted by the
Common Council, and soon after con-
| frmed by act of the Legislature, to lay
railroad track in the old BlOomingdale
IL. q. na1 HAL tax n
| the bounds of the Boulevard. Last year the com
j pany applied to the Commissioner OF Pubic WORKS
for permit to extend Its line from Nlnt TN TO
| ingdale road to renth-ave and up Ienth-aye. 70
Fort George. that is about One-hundred- and
ninety-seventh-st. The Commissioner, looklHg
| upon the matter as of peculiar Importance III
view of the beauty and use of the Boulevard, re-
ferred the matter to the i Codpora tboi
the act of the Legislature passed
twenty years ago, and never enforced could not be
! Common Council renewed the old franchise. Again
the Commissioner referred the subject 10 the C0rpo-
ever got into the courts upon the suit OF the com
pany to obtain Judgment against the city unde the
terms Of the original franchise. MIR. Andrews then
simply put the reference of the Commissioner ASIDE
to await the decision of the court. Some
time ago Judge Van Worst, OF the supreme
Court, decided that the company had the Tight
TO extend its road and that the Department OF PUB
lie Works could not interfere. AS said have no
official knowledge of what was done to-day, A
by Judge Van Worst. But / know nothing In re-
gard to any directions given to the police. -,
." believe the demand for the extension OF the
road is general on the west side. The people who
favor the road insist that the slow development
and sparse population in their district tId,
The railroad company 1 am bound to say, has.
so far as know acted decently in the matter The
Corporation Counsel was beset by numbers oil per
sons who wanted the road. He referred them to
Mayor Edison. | think deputation OF citizens met
the Mayor last Saturday and presented their views
| of the matter. The Mayor took the subject INTO
consideration and | think, has not yet gwen ms
reply. The objection to the laying Of the railroad
track by those who opposed to 1t Is that II VIII
spoil magnificent avenue"
MIR. ANDREWS EXPLAINS HIS ACTION.
CORPORATION Counsel Andrews found at the
Union League Club, and said After the decision
by Judge Van Worst the railroad people attempted
TO play trick on the city and committed, in my
opinion. a serious blunder. They entered a judg
ment which restrained the city from interfering
with the work of laying down the track. but they
served no notice of the judgment in my Office
Upon the strength Of. the Judgment aaSa
met Of the Boulevard and had carried
on the work for about two blocks when heaTd
what they were doing. took an appeal from the
Judgment and that was virtually stay OF proceed
ings. To-day they obtained from Judge van worst
an order returnable at his office at $50 p. M re.
curing the city TO show cause why they should not
be allowed to lay down railroad track over that
portion of the Boulevard which they had tornGnp:
lDOu examination II appeared JDdJ lHe pOTIlOu VI
the Boulevard which they had disturbed was
never in the old BOOmngdale road and that even II
the Judgment was "A correct one, 1t gave them no
right to lay tracks where they proposed to lay them.
No court has the right to authorize the laying OF
tracks there any more than in Flfth-ave. or Broad
wav If Judge Van VOrst's order had that mean
ing it was null and void. At the place where the
pavement was torn up, the old BloOmingdale road
covers the west side of the Boulevard the river
line of the old road running almost through the
middle of the little parks That was shown by the
evidence in court, and especially by map which
the company itself had prepared But the pave
ment torn UP is on the east side of the boulevard
considered 1t my duty TO request the police 10
protect the street and prevent the laying OF railroad
tracks which might be merely a nuisance. / ana
this as a precautionary measure because believed
that il the facts were fully known to Judge van
Worst he would refuse TO grant the order asked Tor
to-day | think the judge was thOughtless IN
making the order rcturuabe ut his house Ill the
night instead Of in open court in the day-time. III
looks little like IA return to the procedure OF Judge
Barnard | also in tructed one of my assistants To
attend this evening at the house of Judge NanN orst
and present the facts and oppose the granting OF
the order" q,
number of policemen were stationed at the
Boulevard and Slxty-ifth-st. last night under in
structons TO arrest any persons who should attempt
to tear up the roadway for the purpose of laying
tracks there. Up to late hour no such attempt
had been made.
REPUBLICAN, RE-ENROL MENT