New-York tribune., 1886-07-18
THE BROADWAY ROAD LITIGATION.
JUDGE LANDON GRANTS AN INJUNCTIoN-A CHANGE
OF VENUE DESIRED.


OF VENUE DESIRED
SCHENECTADY. July II tSpeciaD. - The
Broadway Surface Railroad up before Judge
Landon this morning at the Supreme Court, Chambers.
II came up on a motion OF AtorneyGenera OBrien to
make permanent the temporary Injunction restraining
oil others than the receiver John j. o Bren, from
Grating the Broadway Surface Railroad from receiving
m oneys from IT, bringing suit against IT until
the settlement OF s affairs by the receiver under The
act OF sSG shall have been completed
Attorney General O Brien appeared for the receiver
William Bond OF Albany, for minority OF tho stock
holders and John D. Townsend for the city Of
Mr.. Townsend argued for change OF venue from
Albany TO NewYork County the ground that the first
judicial department Is tho place designated by Section
LOB Of Con sodation Act for such trials and ia tile
the property is situated and where the hold
ers OF the property rights principally reside lie further
declared that II the changed some arrange
nents could he made whereby the questions could be
submitted upon agreed statement OF facts to Cen
era Term sitting in this department before the meeting
Of the Court OF Appeals In October
The Attorney General opposed the motion on the
ground the people OF New-York were not affected
by the place OF trial, holding that the Law gave the
Attorney General the selection Of the udica! district
in which should be tried At the conclusion Of
the Attorne Generals argument Mr. Townsend raised
another point. lie sad
The position OF tho Law Department OF New-York
any way whatever the chief law officer OF The state
in the discharge OF his funconS On the u
extremely sOictOus behalf OF the CITY Of New YORK
that all questions raised upon the complaint De dutVr
tativcly by the courts at the earliest possible
II the Attorney General Is satshei that the
method he has adopted Is tho most expeditions way To
determine these questions IL not the wish OF te La"
Dcpar the city OF New York TO Interfere or
cmbarrass him in any way. The CITY OF
New.York, However, has very Important
interest In the matters now before the court
1ho to the road heretofore given was when
originally given. expressly compiled with provision
that the city should receive "a condition for giving
such consent $4,000 June - in each year and per
ccntaees upon the receipts the first day or November
each year II mainly In order TO secure the re-
cept by the city OF $4,000 upon which Its consent
conditioned that the cltys action was begun lhat
$4,000 has been paid. From this time down
To November l, when the next money becomes
due, there particular reason why the city should
be to bave the pending Injunction dissolved
mOdihe1. Upon the lSt of November. hOwev r. II j.
important for the City OF NewlOrk and MS treasury
unless al the pending questions by that time deter
mined know that the hands or It's officers Will be u'
tioi and that will lett secure the money
which. under any view which can he possibly taken OF
these acts indisputahly its dus For this reason II
opposes motion continue the pending injunction
In that, should the court at Special Term decide
10 continue IT, the city may bc IN positlon 10 re-
such decision al the General Term cary IN the
fan.
Judge Iandon .ranted the Injunction and reserved his
decision tho change o, venue