New-York tribune., 1885-01-03
no CHANGE IN THIRTY-FOURTH-
WHAT is TO BE DONE IN THE NATTER

TIE RAILROAD PEOPLE BLAME MR. CRIMMiNS-IiiS
BOTHER BLAMgs THE ROAD.
The Thirty Fourth Street Railroad war re-
mains UNCHANGED The Injunction obtained by ex-Juige
Russell .on Now Years Day has causei suspension OF
operations by the railroad company. Thcsargumen on
the Injunction will take place Monday. The company
threatened to mako effort to have the Injunction re-
moved or at least modified before that tlme hut their
council advised them that Is host to await the re-
suit OF legal proceedings already begun In the
meantime rooplo living In Thiryfourth-st. between
Firth and aycs will find little pleasure In looking
upon the unsighy piles Of paving stones and dirt that
ao the roadway and consolation I'm gazing a, tie
ugly looking ditch that has been made In their street
n the final result OF tho legal proceedings, however,
fayorshem. oil this will only unplcas ant night
mare the other hand. II the railroad company are
successful the delay caused by the injunction Will not be
noticed and II thoy inccessu they Will know that
they have been only sufferers While the oppos-
ing parties quarreng the matter, the Italian
army %, ahoiers who for time. at least. have been
iouted will earn "a livelihood elsewhere, aud conten'edy
ent their macaron drink their stale beer with their
usual relish
ExJudgo Russell ia confienttha the courts will Dc
eide that the franchise held bv the company Is vaIuoless
because IL Is unconstitutional. The other side claims
that ali arguments OF Mr Russoli were placed before
the Mayor and Aldermen before the franchise was
granted and that they did not consider them sufficient
Mr. Russell believes however that thes'uI Court Is
the better place to test LEGAL point Dewitt Apgnr.
the treasurer of the Thryfourth street alroad Com
pany conversation with TRIBUNE reporter yesterday
said:
ave have not been rightly represented There was
no undue haste about this matter. far beginning
the work time when II might have been difficult for
the property owners get out Injunction is con-
ccrned Neither there any delay our part as
obtain permit at such IA time Ihe maj action ny
the Adermen on our charter w@s not t'en n b psse o
Der 90 Then the Mayor Kept u week pelote o sseu
t. The following Monday We applied To tue ooinnls-
sioner OF Public Works for permit to begin work. ne
referred IL To- Corporation Counsel for examination
The Corporation Counsel returned II on Wednesday, stat
Ing Ing 'a aHy9oo %Srs o fnsn after 70 %so % W.
began WORK and Intended TO Ish u ~ raphiy ~ oss
bic 20 IA interfere unnecessarily with tho tramo
of the street PERMIT hal beer issued on Aonay
should have begun work on tlat ga! IL was i no
comes in on ne other size In stopping our work by aa
Injunction. or course we expected H. Dut II u was NOT
for tho influence OF c1Judge Hilton and eN-Judge kus
SELL exceedingly popular we could even get tne
consent OF tho majority ot ploprrN HWers y, h ~ad
No we have not yet obtained tho consent OF the other
companies operating In different parts Oh lhiIy
pleted we undoubtedly could get that consent. Mr..
Crimmins the conctor did not do as he agreed TO- or
pietcd Io did not put on large force, nor did no
Continue tho work without intcrnissIon he said he
would. II did not have good case we should DO
more inclined than wo arc to lind fault with hun" A.,
T. T. C,mmps brother OF the eontraeto, &c M AMI n the
who had charge OF tho works. waa seen at his oce
No. 1907 rhId-ave; lie said; The company hnd
eeal lS have TAKEN np the pavement clear through from
81 xth to Lexington-ayes aud could hnvo inado ms
agreeable for every living along the street. Ihnt
would have hurried matters any for we did not have
the material to construct tho road repeatedly tee-
phoncd to tho Ollce OF the company on Wednesday.
asking II should order the necessary material, and up
to O'clock the answer was No. At o'clock notice
came In n hurry that should begin work II was too
lnte in tho day make much preparation. and II my
brother had been here the work would not have been
begun as II was. At midnight wo quill work and did
not intend to begin again until after New Years Day
Tho representatives OF the company camc to several
times In the course OF tho day. Thursday and wanted
me to resume work They said that II looked badly To
stop as we did II the company could not on, ana
lot of other rtu said that had no mon to send OUT
that IL was holiday and were not working. Finally
toward evening dozen men came In mere. The com
onny wanted them right of, and said they would take
charge OF the work. and Il is he company that is re-
spohsble for taking up the spayement at the flh ave
crpssing not we. There IL truth In the insnuaons
Of the company that In c0usion with the prop
erty owners delaying the work. If the company ex-
pecod TO run their road through that street without op-
pn they must have bccn crazy and there was no
use for rs make II any Dpeasan for the people
than was actually necessary"