New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-12-03
HORSE CARS IN FIFTH-AVE.
ARGUMENTS FOR THE C0RpoRAToRs.
HEARING BEFORE THE ATTORNEY -GENERAL-wHY
A STREET RAILWAY IS NEEDfD.

A STREET RAILWAY IS NEEDtD.
ALBANY. Dec. 2 (Specid1.-The corpora
OF the Fifth Avenue Railway clearly fear that INC
Attorney Will ask the courts to dissolve their
corporation, that he will pnt injunction upon INC
Board of Aldermen OF New-Yor restraining the mem
bers from authorizing the construction of railway IN
the avenue. The railroad was represented
by Aaron j. VanderpOel, Simon W. Rosenuae
and Solomon Floischman Mr.. Vanderpoel salu III
substance: "Of course the hands Of the Fifth Avenue
Railway tied till it gets things in certain position
but 1t protests against hands being tied by the state
If doing anything and against the interests
OF the property of Flfh-ave ample provision IL
given for their protection III the their own
appeal Mr. Seward says there painful features 10
this busness that prOpery-owners haveibeenconpeed
TO here and ask your protection. Stuf and nom
sense! What New-York Deeds is north and
south transit We want to get to the
annexed district. Take Broadway. 1t used
to be lined with private dwellings. There is not one
now They have been abandoned. Why Because as
dwellings they bring $1,000 year but as stores $4,000
What becomes of Governor Morgans house, his pride
when he avel 1t is converted INTO n store or
gigantic fiat. And so go other beautiful homes. IL Is
not question Of sentiment but OF law as MI Seward
says my opinion the of 1855 is unconstitutional
We heard great deal in the NowYork newspapers In
regard to the repavng of Flfh-ave but nothing was
said about foTbiddiug the construction Of railway IN
that street The subjects distinct This prohibitory
provision put tho tail end Of the act for the repay
Ing OF the 1t good deal like those old acts
passed by Congress, relating to the Indian Ter
ritory ending up with the statement that shant
build ships. We are going up Fifth-ave
with railroad, although it may make
the sleep Of the people IN that little un
comfortable" Mr. NanderpOel then presented on
opinion OF cXIudge Dillon to the effect that the law OF
1855 unconstitutional embracing two subjects.
Mr.. VaudCrp0el then continued: "The pTOhiDitOry
section covered all OF Ffthave., while the remainder or
the law only referred TO portions OF the street Inc
street paved here and there while portion
OF it be invaded by railway You are not here
to begin actions There Is reason for your III
reference doubt il there anything in the case de-
maudng your 1ntcrf renee. / doubt II you find that
this CORPORATION has exceeded it, powers"
"That relates to the question whether this corporation
has done enough for interfere. | certainly don
want to begin law suit TIL 1t Is tme said Attorney
General OBrlen.
I've can't do anything at present." said Mr.. Wander
owners. They say that we can't get that
consent Then shall have TO go
the Supreme Court, There decision
Will 30 reach tho constItutiouailty OF this prohiD
give such decision The property holders are all nos
Tile to the road. Therefore shall nave 70 go To the
supreme for ITS consent for the building OF TINS
road. There the cOnstitutlOnay Of this law VIII De
passed upon"
Mr. Roseudale and Mr.. Flcischman made similar argu-
meuts.
Attorney-G eneral OBrien then said " should hest
good deal about ing that the act OF 1850 IS
prccrdc that. which Will examine carefully. III you
about putting a railroad down upon the street II
would present different question. but shall not act
hastily or rasnly upon this application. As you
say Mr. NundcrpOc the night OF petition Is granted Dy
thc constitution
This ended the hearing.