New-York tribune., 1886-07-09
MORE BROADWAYLITIGATION
DENIS O'BRIEN GOES TO SCHENECTADY
JUDoELASDoN GRANTS AN ORDER THAT AsroyrsHEs

~
tho Broadway Surface Railroad Company. lre haa
abandoned Judge Parker. OF Kingston and has gons 70
Schenectady. where. before Justice LIndon. he has
brought an injunction proceeding against everybody
who could possibly have an interest in the effects OF tho
| Broadway road. He includes Receiver VBrien Among
his list OF defendants though that merely in order To
| have him on the record party to tho proceeding
| The other defendants are tho Mayor, Aldermen and
Commonaty OF tho City OF NewYork the Broadw AZ and
| Seventh Avenue Railroad Company, tho Twenty third
Street Railroad Company, William ii. HIys an Francis
| A. Palmer, as mortgages 10 trust; Thomas II. Nc
| Lean, William Bird, John IL. Selmes and John
| IT, Pentz. James A. Richmond. as president OF the
late Broadway Surface Railroad Company Jacob sharp
and Mr. Mclean late directors. and wnber X. Blood
good He bids thcm take notice that he will apply to
Judge LaDdOn in chambers at Schenectady July IL
at p for order restraining all the defendants ex
cept the receiver. az set forth in his complaint
| with these papers served granted on
Tuesday by Judge Landon temporarily enioning all tho
| defendants except the receiver from taking any
| further proceedings whatever during tho pend
| ency OF the action before him. Tho Broad
way and Seventh Avenue Company aud
the Twenty third Street Company rained from
running their the tracks owned BY the Broad
way surface Railway Company priOr to It's dissolution,
and from operating the said r0ai or any part OF tho
samo except upon express permission OK SAID recevr.
and from paying to OF tbs said dofeniant ex-
cept said receiver any moneys dervet by them from
|
determination Of said motion to be maie herein By
! the Attorney General, not exceeding twenty days
| from the service OF this Orier upon them" mo
city is enioipcd from proceeding with It's action now
pending I'm the Supreme Court aud from taking any
further and other steps All tho other defendants ars
enOned from proceeding with their several SUITS and
actions. from institdtng any new ones, iro ope,.uny
or taking part IN the operation Of the rold and from
accepting emoluments or PERCENTAGES, pronis or
valuable things OF any kind from those who 30 operate
IL Judge landons order Is granted upon MOTION " iho
Attorney -GeueraL 10 takes effect within twentyfon
from the service OF the papers 1poa the defend
and continues Tor twenty days or uaIil the motion
| Is argued on July Il before hn
niunctions shall be made permanent that al qa'stons
affecting the rights Of parties IN the Al rrs an properly
Of the dissolved corporation shall be merged into ono
and that brought IN the nam" OF the receiver 10
distinctly a'ked that the appoatment OF John Ol.riea
and extended to include all the rigaS
surface Company not covered by his original appoint
ment II any there be-. that the assets De mar
sb,le and the proceeds dls rbu,ei un r ths recey.
era direction that all parties 70 whom sums oi money
have been paid percentages or profits or rental sha
acroUnt Tor them TO the receiver and thas the road
may not be operated except upon MS consent and
terms These demands are made upon the aihdyt oi
Deputy Attorney General william A. Poste. wno re-
the history OF the and OF the motions and
ton~ Instituted IN 1t from the begnninx lie says hss
The receiver has made many iruIess eores 20 'este
with the Broadway and Seventh Avenue Company
without resortng to an Imperative Injunction Dnt aas
been put of repeatedly with unreasonable eX-
lie alleges thai the ctys proceedIngs nave al
the pressure OF l's actoh ahu cue ueh 'hi OF ne clS
officers the Broadway and seventh Aycnne Company
that the city entitled t tuat he ooeves
the object OF the citys action to be to secure de-
cislOns upon certain questions hiecung the rgls
Of parties IN a suit to which the receiver was not adj
mIited party He says tnat he believes Hays snd
Palmer be the constant pt OF certain la ONE
lron contracts, to which they are not entitled
Corporation Counsel LacOinDe was much astOnshed
when he read these papers yesterday He sald TO re-
porter OF He ikiBJNE;
1he Attorney General hs need up into the country
which would con fn 10 NV" "a src an orler
That No Ne" York ,t' JGdae w,o ua bsrs,n "a a.
tain mo on to stop The cars N 5r3a W"y Nhen $. sas
AK sucn step should have considered Il wfon.
rferc to 81 an exen win IN" e0n' eAce Nsl
Gne road sbou uoI B. stopped haylnE
r sn i Mon o sefae Of tie pen stops te rs ard
Po,k' 9@'"s' | ressses Sas' af the qoge"ay sgs Yin m r rs
he aenAnd III efect uoi he city i. -rri,es
Vsn ruAt which VIII su pose. De handed down n ,as
h. should IN favor Of t. ct7 W. are prevented even
n. rn 10 not o course eoacte hat justice tsnioi "a,
jurisdiction over Us ~ Ihls matter in5 aw Ieqts5 ia,
Ncw.York.
The motive Of Mr.. O'Brcn's actioni vol understood
in this city 1t contained IN ina Dart o. hi, motion
to be arSn"d Oh July z "a Snien ne ASKS tnat Jona
IN ms appointment ami that ms powers be extended
To all affairs, privileges, rights AMI property
once owned by tho BrOalwiy Company wach his
Or gna appointment dd cover II als he granted it
admits the chairman II me Democratic state Commit
tee to share IN Tn, so 900 obtained ~ the eng from
the seventh Avenue Company IL gives hlm
perssnte ,ha IN Sa M ths vmeS Of Inc
The city VII be- ooiiged TO pay pack It's $1,000 to VIZ
solved corporations effects. 1t Is an effort al aw tie
part OF Mr. OBren, the Att0rney-tienera. wac - sad
TO have an anxious fixed upon the Democratic nom
nation for tho Juig snip OF the Court OF Appeals 10
ager IA opuleut possible. II 1t succe- l. II VII! be at
cost to the c,y whose actions brought by her
own officers hu. FOR tnis interference, were ample 10
5 r. Nash OF tue firm OF Nash & Kingsford counsel
for OF the parties Interested Ia the suits IA
gard TO the BrOadway Railroad matter. sad ycsetday
concerning the action of Attoruey-Genersl O'Brlrn;
IWas ss,fur ~ AZ =.
AN not position express All opinion upon tho ser
ous enect which TINS issued by Juge LAnlon
would upon the various interests Involved IA ths
Broadway litigation. for the reason that my cli-
This Injunction touh.s good many people
and hts the broadway and seventh Avenue road eN
ceedIngy hrrd In the Worcester BAuk suit an IN
nnct on was issued by Circuit Court Of United
states Receiver OBrien AMI all others fom
Of the Broadway af.irs antil the claims Of me bank
settled. pat favorable position for se to-
ment This INJUNCTION stands to-day quito ~ good as
when 1t was issued IN May It has not been dissolved.
and IN the face the fact takes proceedings which arc
direct violation OF its provisions and necessarily Ia
t,rnerI must answer for himself | cannot tel
what his motive was for placing himself IN contempt
aud Ieel satisfied with the position they are n Tho
coupons which were due on July on the bonds rep-e-
srnted Worcester Bank >uit were tsArn up ~Acn
ar" " a a. nor n.. We tnat ths AttorneyGrn
upon carrying out the provisions of ihs
phtsst idea thai he VIII siop any OF the roals unicr
kmo Wing what the Attorney Generals Intentions are, but
supply private opinion not tainted with anythlns
ofcla. What action will take IN the matter do not
know as yet. Ny cheats have had copies of tho papers
served upon them and the sabect oi fuEther ioc"ei-
ings 10 under consideration.
james A. Richmond, the president OF the broal"V
surface wnc yet was IN exstepce, SAT III udFh
corner OF the Brevoort House balcony cOntempa1'ey
smoking cigar when TRIBUNE reporter found him ao
night "OD, the injunction wont interfere ith
the running Of the carS-that Is uh.rstahh 80 no
sad Personally know nothing. for | am not now
the president. and have nothing To do with the roar
understand, though that an arrangeDen bts oerh On,
tered which Is satisfactory 10 Attorney -bohefH
Bren and will permit the cars 10 continue runhn&.
and lot the convenience OF the pubAc
Wa. thcro any question at any time "a TO tue eNecs
OF the injunction upon the Immediate operao VI Ao
road !"
" L really can't tell, being a outsider"