New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-12-02
OPPOSING A FIFTH 4VENUE ROAD.
PRoPERrY-owNERs WANT AN INJUNCTION.
APPEALING TO THE ATToRNEY-GESERAL FOR PRO-
LECTION.

APPEALING TO THE ATTORNEY-GENERAL FOR PRO-
LECTION.
ALBANY, Dec. 1 (SpeciaD-The property owners in
Fifth-ave New-York, asked Attorney -Gener@
OBrien. through Clarence a. Seward. today, to
petition the courts to grant injunction against tbs
construction of street railway in the avenue. There
also appeared before the Attorney General several
lawyers representing the recently incorporated Fifth
Avenue railway Company for the purpose of protest
ing against any opposition to the railway by the At
torney General The lawyers representing the rail-
way were Aaron J. Vanderpoel, Wheeler ii. Peckham,
Simon Rosendale and Samuel Feischman.
Mr. Seward made the opening argument, saying "
represent the association for the protection of Fifth
ave The question is one not of sentiment but OF law
section 70S of the code authorizes you rs Attorney
General in the 9th section to bring action to annu
the charter of corporation if 1t violates the laws Of
the State section sos Of the code prov ides that
where the Attorney General has to believe that
section l 79S is not being obeyed it is his duty to
bring suit for the dissolution of the corporation sec
ton 913 authorizes the Acknowledgement to bring
an action against a person corporation that under
takes exercise n thority forbidden by law These
are the sectors under which we desire yOu to act
railway company has been Incorporated 10 bud rail-
road IN Fifth-aye. We owners OF property III titth-
ave. To the number of 800 or GOO. do protest against
tbs construction of this railway, and ask you 10
petition the to grant injunction against II
construction Mr. Seward read long list of decisions
of the courts TO the effect that the Attorney General
has the right and il Is lis duty 10 apply 10 the courts
for Injunction TO prevent the construction OF the
railway in Fifthavc. lie also called attention TO the
law of $50 which iorbds the construction ot street
railway in Fiiih-ave. lie continued: &" Our Common
Council in undertaking to consider this matter Lch
II cy have been FORBIDDEN 10 consider Is disobcyng the
law. We TO You for your aiG AT the beginning OF
this conflict pTcicrfng 10 lean upon you rather tlan
that broken reed the Board of Aldermen of New
York" Mr. Seward argued that the Stale OF New
York aud not the city, had the night TO say ho should
IL. 40. CAM t tfttTfIf ,t.UH
hc sale to intervene aud ask the courts 10 cnion this
Board of Adcrmch and hi, corporation fro disobey
ing this law of $50 long ~ 1t remains on the stat
utc books" Mr.. Seward argued az great length that
the act of 1850 was constitutional
Mr. Pcckhln followed. sa,iug IN suhsiance; II l. a
doctrine OF law that iniuuctip~ should be granted
unless an ii!cmediIblc damage j. thlcItgucL ms
railroad company before It can put IT, tails down ~
Fiuh-ayo and thus invade it, sanciF, has io obtain
authorities oi The judges "i TIM Sirieuc CONT -"
that We have 80 face the clu-tit nay of this act M
thc courts. There ave two in;cir.t Involved. fir~t
j. the muncirll authority Ihlt rpnratiOn dcclde>
"uce II does not consider thc con ttu ion'iy of the
law. What do these tiith ave. f',idrat- AK Aou ~
do They ash 10 cuuiu the Common CoGnch
against considering wh. thor I'll, at would coz would
not hc hcucat 10 the a.s of pc lc ho desire To- Use
Fiith-ayc Then they a-H YOU 10 cul'u ~ from asking
III" consent Of The propr rhulrr. io the hudlag oi
this road. do NOT tut IL tic duty of TIE Attorney
General 10 prut,c DO FL h-,'c. people from their
own fraty. There fccu- O. "r % disposition ON ia"
part ot SOME pcupl. 90 riu l,ic io: al protection .
stead of f.ulug tl,u-. Ives. iud ~ t.i~ I'iiho.
tie assertion by the rctt.oir.- That THE t"lro.d
would Icudrr uuir lahitlu.. th'.r iout ioIH-. Vow
wish a. cil foHr atlc Won 10 tLt Itr tLt thcc men
recently incorporated railway for tli'n-arc. Many
ol them i've n VI ADDISON and IouIth aN', IN as hand
me HOUSES as there arc in Fiti-uHo tiltl-INc. D..
changing it, character rnpi.lr o. broadway ms
done or ten years IT. ooMmeIc pl character d, plain.
PROM Fouriccuth.> south u IA almost abandoned Tor
residence purpose North OF that street r. rapidly
l,clmiu. commercial. because few people stu I've
ip IT, q street railway must not Dee put o"NH upon H.
md the multitude oi Nrw-Ioik nurt Ha'k for many
block
Here Attorney General Oliricn post oncd The fur
thcr hearing of Tho Application TIL tomorrow morning
Mr. Wander, Del Will then make uu .I2 Wcnt ia or
position to tie futh-ayc. property oWn,is truii"h