New-York tribune., 1886-04-23
TuE BROADWAY FRANCHISE.
.xx,-, Nryr nor 10 srOP THE CARS.
uu,r NJ. LACoMBE sAys-PiANs OF Tue COM
PANY's LAwYERS.

uu,r NJ. L.coMBE sAys-rLANs OF TIE CON-
PANY's LAwYERs
rho fact that the legislature had ly an over
n.,nios majority blo'tel tue broadway Soriaoc i'"'
o. C,,nn,uy anl its franchise cat of existence 50 Tar
". ,as IN lis power, made pcrcepuole difference
~ a.. number. regularity or speed OF JAKE Sn"'Ps
o.rs Yesterday. They bowlcl merEiiy along cro""oa
ous hacked with passenges as usual "ua' '"'' ""'
Ia when Ike Governor las signed the "'iS Is qo'''
ave, which lawyers may bc expected 10 hi'p".e al sum
NOR CORPORATION Counsel Lacomoo was "sSe" IL '"o
approval OF the ph's wo"u s''f Wv
she cars . .,.,
Will. don't know" he answered. but fancy the!
will not stop voluntarily. Some one III oe"' VI .no
,, or auhorii cs whether .he Attorney vi '
unsel 10 the Corporation. Will possoiy oc "sae" W
GOV, tho further enjoyment OF franchise HERETOFORE
Gran ed 10 a company which is ciamed D! 'he P""So
m the act TO have xircd o. course the cars "ouu no
nc prevented from running by violence hut an appea
lion would be made to the court TO restrain lhe' run
ming Whether that application wouIu oe si"i'o "
advance OF the determination OF Whatever ies" duo'
fiona might be raised by the counsel for the company!
am not prepared TO say An in)nnc'ioh was ie'.'ou
many years ago by the Supreme Court when appheo or
n , oitv IN EST ain the operations OF the Morrisah"
s,c,n,oat Compauy which claimed to be ruhuinS Us
ferry without having purchased the iigh ~ " ,rt
refusal put upon the express 9, od vance
alI ma, Inconvenience the travelling uohc IN NV
of n determination after cafeiui
lc,al roints rasod in the case
"what legal points could DO raisel'
I'll leave that to their counsel
.Will n ,t the consents be sold ovcr again
aYes and that involves a controversy "nie" n''
,on,iou" repl,ed Mr.. l. comOe. In the argument Vi
Mr. seward delivered before the Legislature III sup
~ t these bills he states referring to what Is KNOW"
A. tie second BILL that preservng tue cohSon's
bill OF tho Ioal-unlcss there should DC son0 e""'"e
OCT by which the force OF the consents areau' k"e
sh,u be prevented from expiring nc corporation co"u
,ore,,ter operate railroad in Broadway without CUM
1, ,pcy with all the provisions OF this act OF looi
% ooet OF presenting the BILL he said was TO enaoio
the legislature decide whether tw DO ono Vi 'wo
things: whether III Will say that TINS consent a"eau,
gwen NAY pe continued and that the city wthh WHICH
10 lie exercised shall lie benefited by It's SAFE III 'e
manner now provided by law and 50 that tue traud w
which IT was originally deprived OF that privilege ana
~ to give il TO this corporation, shall be atonco Ior
or whether litl will stop with the annung ana aus
solving the crporaton and leave the assent W '"A0
care OF itself wherever the law shall place it'
aTne hill then proceeds to provide among otDer
,bin that the consent OF the property OF oi inc
sn,,ns Court granted to the deiunct Ioad snal ho'
cease tut ray be aTaed Of by whatever new ROAD may
, ,, ibe local authorities new consent or the rlght
10 use tho old consent. The Constitution oi 'is o'"0
uro,des that l. islature shall pass no law aunor
iAus the construction or operation VI astreo' iio Va"
onanv EXCEPT upon the condition that the consel VI
tNc owners OF one half value of the property D9unueu
om mo street or highway, etc. De nrst Ootaheu' oi III
suc consent cannot be obtained then the report VI
tsc "v ,1.S,oners appointed by General Tcrm OF
fne SupIeme Court, and their ueler @ -
by the Court may ue tahen III 4'0" W '
the consent the supreme Court has not been gren
n r n,uu,r above indicated, the Legislature cahnot
Substitute MS consent II consent given by the Gen
ela Term is Oh an unquallned one, pay Is ooni , MA
restrictions and proviaos, the Lesislno odnnu' h,
Tye the consent and strike ont Tue rrovlSos ior th
would he practically erea nc new @ @ nm tne
uulertaki - do wouiu Do i'M ~, ,s ,
construction OF a street railway company without tne
Oh the Genera! Term ana theieiore uneoN''u
'@'i,,o We'll. wa, its consent qnalifeil"
"Ies 10y a number Of conditions. ., .,o,,
.To1ii uot t,a new purch comply with themi'
rHi is tne uues ,ii-could III The consent provided
uW1ont ny contingency or uncertainty TO carry It's
Passengers, OI provide foi tueii caris oi ~, @
itre over the eBtlre dstGnce between INC battery
mf mo ocutr !, PARK put If these obligations ana
coditions shall not be assumed and rope S.ruen men,
,.,teI nv the rail- DAD company, through which thclr
oyance viii he fully scared then application fQl t1e
coarmalon OF the report OF the Commissioners shoui"
~Co"d pot the purchaser comply with that am ana
make an arrangement to carry ITS passengers thr0snt
Well he must do IT, but hardly see the way cieai lo
hin as thirgs aIe No ROAD punt uh'tc tno az. VI
iss4 can make nnection over the tacRs 9i alotnel @
,uanv without its CONSENT 10 more than loOO leet
nor can build III street already oeeu@en @ ny o"n t
rnro d (withOu It's consent Tor more tan iVuU ier.
rnc tr,rk f the Central Cross town Rallload COMPANY
and OF Christopher and Tenth street hodu M IN Four
pany fourteenth ST. Dancnl are Nv n'T tSih @ nves is
tcenth st To SIXTH TO seventh or 10 hsmtn i1 the
mr. tnan 900 ct. The cast side iOtdS, VIZ tno
T"nr,b Avenue or the Third Avenue. cannot MAKE con-
nertinus because these roads DO not run 10 Oen,in
plrE Alt
Tjftb.aye is not more than Loo feet mstlh.
t tine terminus o; the route. put the purchaser coo 10
necessary connecticut anse railroad ID fiith ave Is
forhd,en by baptcr 81 oi the Laws o tee, u ,ho
,e I ,d,,s;y1I Tsal lTo,e'dlnS' arc ''As' NV" M
That / cannot say. The company may app? a. !or i an
Injunction RESTRAIN lnerorehee VIII I . nnrtia. or
a. hc local au toritics. before the local authofuos or
Tho ,enne y tie stats might apply TO prevent the run
ming Of their cars. i.ltLer COURSE "'"iN' f'''' 'e
I'll Ulcers and directors OF the Broadway iOads haue
mn their IL ind, time ago th't the oi.is "V" ,Na
Tie Ies.ature aud Id receive tle aplro'oI VI 'lo
rarv,r Actua upon tins conviction, they nave Deen
making IiatOnS to appeal rom 'hc i-c
carry he case the courts TX JunSe UIeeh, 3osoi
~ ,|"ae olDueI Bliss and Scrll ner Il Bright nave
lad their plans for vigorous can'tlen ~ -
,ectJ mat There will cessation IN the running Vi
ihe c.rs The Broadway aud seventh Avenue company
WI If was said yesterday on good authority eontie %
", ,.rt the road until IL shall nave passed INTO tae
t,is nt the receiver In words OF one OF the cOn,
sci for the r,al~. the cars Will never SOP runns
upless there he strike. The lawyers w,o no uto ne,
the ,ht are confident OF ultimate victory Tor the preSeh
o1rers and state their belief that the am oi lhc
charter and tho attendant bills VIII DC decl"fcu unoo
The innocent bondholders are supposed To- % 9e a.
deeply exersed over the state 9l 'ns al T Khan,
and supplied OF the purchasers o Doh,S from ,na
firm then stated that the firm felt no pei soma" u
he ,nnulment bat that he appeared simply 10 lurns
~ t wnnh wond show that there were innocent bond
holders. This list Was Is loIIo"S'
Maine savings Bank. Portland Me .---...----.s V'uV
Worcester Nstiona Bank Worcester Mass.---- o.mH U
thnries smith No West Broad ~ay.----.--. 10,
iyda A. P,ck No 25 West 900,
IIeGerick schroeder care Mutual le insurance boct
Ppiaci sons a Nassau 299SG SS1
J. : Lawrence ~ ~ pr st ........... 10000
G C. bu[Se no N1 A bGaIS is tss, ID .. i20oC
TT,lo ce iluo 10 East32d st---.--...--. 0VVS VS
Boyd No. n West SAN II 9'VVeS 9'VTS
Decker 40 80 Union square .-.------.-. ,99o, 99o
H. G. Cransion Providence --....'..-' ISVVI SVVI
second National Bank, New ork Ci'y'-'-''-'''' 09t
Abraham Nelson n. ~ Chambers 0OOt