New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1884-08-20
STREET RAILWAY WAR
THE CABLE COMPANYS lNJoNCirONo
THE POWER OF THE RAPID TRANSIT COMMISSION
TO RE TESTED.
INJUNCTIONS.

THE POWER OF THE hNfAD '''"
TO BIZ TESTED.
Conr,orts in suits begun by Charles j. Shaw,
I'm hehnf of tho New-York Cable lway Company
against the Second Avenue Railroad Company and
lie Forty second Street. Manhattanvic aud 1t;
Nicholas Avenue Railroad Company, were served
Yesterday on William = Thorn, president OF the
Former, and George NJ. van MORT, preSlueht Vi INC
latter corporation together with notice of tempo
rsry iniunctions granted by Judge Allen. OF the
Court of Common Pleas restraining the deiendants
from continuing the construction OF rallioads on
routes claimed by the plaintiff. The Second Ave-
nue. Railroad Company has begun The construction
of an extension of its road in fuSt-aye.' ana the
other defendant has Land q portion OF It's track IN
orty-seCOud-St., upon which it's cars are atealy
running. Both of these streets are claimed eXclu-
sively by the Nev-lork C9b!e RAILWAY oi4BanS
as parts Of routes established by the hapu
Transit Commission. Mr.. shaw is alSo pio.
pairing to bring actions against various
other railroad companies, aud 10 apply Tor ~
functions restraining them from obtaining consents
Gu routes claimed bv the New~l ork cane halIW"y
Company. On Monday at IL o.coch' IN ,ne o,C Cu-
irene Court and Court of Common ficas algu-
mentS will be heard on motions TO MAKE ne ln
functions permanent William NJ. Evaris' KoneIt
Sewell and Frank LOOMS have been retained 10 APP
pear with Nh. Shaw on behalf OF the CaOie 'om'
pany ia all these suits. , ~,
In reply 20 iuQulrcs of a TRIBUNE reporter MI
'l In NS%'Yo-k Cable Railway Company, finding That
varous raj road franchise. hunters connected WIN INC
sSisipg city horse railroad lnc' and otherwise arc
m King Systematic attempt. under the r'neial surface
, a. "sar ~" VI the surface h6os liked
by the Rapid Transit Commis'lcn, through
term ned to appeal the Courts FOR protection Inc
claim of the Cable Com any m as ioUnNs; fUS. nc
RAND Transit act of as. under viii the elevated ra
roads were bm has bscu declared constitnllQhu ana
valid in every respect by all The Courts Of The state,
Second-Thc ac stood upon the statute pOoR Wnch
Mayor Elson appointed the RAPID transit Cominss ION
iat November nll far "a The CITY or Now
York was subsi anti lly ~ II was pisaeo y
the first section Of the at It was provided lha the oo
N, snnld have full power aul authority 10 do and
rroyide a thai they thcrcuatter In said 40 directed
L. do and provide AuOuR these powers are 70 heeInne
the necessity ads the laying Out OF VIC
routes aud he organization OF company, al OF which
bas been done. 1870 =, .,.,.
Tue tablc Company IA now preparing 'pcrs To- omoli
oil oiher persons who are applying under tho Genelsl
Surface I,a road act for tho consent OF tho tomh"
Council aud ropcrS-owur 10 thor C.hnru ing ana
GENERATING roads it, fouieA shtrdh ny thr Nhh IanHl
Comm sion, prosecuting tuch applicH Ion lhct
ptoocs nga are Intended thoroughly 20 tHt mo question!
~ 10 tn power Of the Rapid Transit Commission W Nht
H. tho New.lurk Cable Railway Company ia" cfcnHlFo
fgh 10 apply and obtain con scnH nom tNo o'hl h
hOfti,s property 10 construct ava operate
their rat WAYS on the iuos liked by he Commission