New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-06-15
O'BRIEN HELPING O'BRlEN.
POLITICS IN THE BROADWAY SUITS.
MgAxISG OF TIE PROCEEDINGS Ely THE ATTORNEY
Mr. IACOMHE.

| MvANISG OF TIE PROCEEDINGS Ely THE ATTORNEY
GENERAL AND MR.. LACOMBE.
The proceedings had before Justice farkcr
n Kingston on Saturday are exciting comment III '"''
city as indicating the attitude to be taken by Deus
O'Brer the Attorney General and JOhn y bilch' '"e
receiver of tie Broadway Surface Railroad Company anu
chairman OF the Democratic state Committee, rs to the
duties and opportunities OF the receiver. II gaheray
upaersood now that Receive OBrien will claim some
part In the DISPOSITION the preserved consents under
which ears allowed TO in Broadway The action
brought Kingston by the Attorney General was III ''
nature Of motion to require tine Broadway ana seventh
| Avenue and the Twentytnird Street companies 10
| surrender 10 him all tie property being used by
them belonging to the Broadway Surface Railroad 'a
rsny and TO prevent any further OF such properly
without his receiver On account Oh tno non"
| appearance of tie defendant companies. VINO sen'
Information that change in their Bo"rd OF pco'''
soon TO he made would necesae change OF plans anu
of counsel an adjournment OF two weeks was orueie'I
Then the Attorney Al moved for stay OF prooecu
ings TO the same time motion made py CorpcI"'on
| Counsel Lacombe before the sopreme .oii' "a WHO
de partment, which returnable on June "a
Mr. Iaconbe asked the court IN behalf oil the CITY, 'o
nm order restraining these same two deiendan. com
pani, during the pendcncy OF the action 10 pus' 'o
from their sGuatter possession OF Broadway from OF
anc tle rsad A lawyer OF considerable experience III
nunicip litigation set forth the OBJECT oil ths ACTON "
! a tribune rerorter yesterday in these words: MI
Laconbes suit shrewdly planned the day nxea 10Y
the motion being the last dav OF the first years use Of
the consents Inasmuch the payment OF the S4Oooo
rent is fundamental condition OF the consent 1t Is hard
| to see how the Broadway aud Seventh Avenue people
could have argued ther case without paying lhi'
money to the city treasury do not know anything OF
of the cy's suit. for have not examined the
statutes hut It is pretty certain that the Counsel TO the
Corr Grafton did the cars actually stopped lie
after tbs $4,000 annual rental due tho very next
day or course New York City judge would stop the
cars Tho travelling public require them and there Is 10
legal necessity tor them to stop Bat as cobiion Of
yiDg Mr. Lacombes motion the judge would nm oup-
ely require the 1any 10 pay at short intervals OF
time tho propOrOnate amount OF the percentages ana
| Other money reserved to the CITY,"
This is The acton that tho Attorney enegal has inter
! iered with the ground that ali the interests
involved whether CT the ci;v OF the creditors are now
| In tie hands of the State and represented by the
| receiver and must be covered by one proceeding.
Judge Parker granted Mr. 0Erien's notion This Is
| likely to bling about an open conflict between the
..nIaral ana the the one side aud
tho officials Of this city ON inc o;i7. AT Lacompe
declined appear at Kingston on the ground that the
city interested in that action He held at II
paid th- receiver hy the seventh Avenue
people FOL the OF the pro crty OF the surface ON
iacombe said, plainly referred to the rails ss ETC.
with which The city had polling TO GU , WAS n ns
preserved by SPECIAL act OF the Legislature 10 the
tIat tie receivers business is entirely distinct
Guys: that he is directed by the law TO WIND up ine
ventoy o. lie effects that Is. lie rails ties ears horses
Office furniture etc and to sell them under TIE drdc-
ton of the court and nay its debts. The city. on the
other hand ordered take tic charter rights OF the
company. preseIyed and conlded % IL oy e ,cn,on.S
General the receiver insist on interfering WIN Tue
city's rights, Mr. O'Brien'S motion before judge
Parker shows they mean do, 1t viii bring about clash
Mt There Is nothing that me shafp people We
Philadelphia syndicate. the broadway bondhoders, the
seventh Conn and all those various interests
opposed to the city would more HI 10 soc 49,
Corporation Counsel Lacombe. when asked about this
natter sad YESTERDAY WAC greatly surprised at te
econ taken at Kingston on saturday. because on
Friday last | had long conference WIN INC nepu,f
Attorney General. in which tie theory OF the suit
brought by The city nlly explained. supposed 1t
made clear TO that gentleman ina heueh my sun
in form for an innnc"n. It's hrst Nuts wonii
$40 900 stipulated wears o. the consents
promptly the due day. 10 certainly seemed neier for
due rather tnsn TO postpone "uch rollecti'n to
possibly remote future, and certainly did not suppose
that such action part OF the city authorize rould
Interfere with the Attorney Generals procccdngs.
although. o: course it might reduce the anoht {" &c
the drcr and intricate questions raised in this BROAD
regular actions a, law sriss in equity where well
eettled procedure Will secure an orarr ara ni,I a..
position Of such questions. rather than to undertake
their settlement IN an uni Ine snd anomalous lI"crehs
to which there is only party. which Is noi re-"ted
ny siy well established prac'lce % WITH = c"u'''u
before judge Sitting one hundred miles away.
The secret 81 the Attorney Generals position Is well
understood. II Receiver ObHen ohS h'huit' lle
property which the law puts him, III ices ana :ohl
the citvs interests lie would be paid percentage on
many thousands ~ dollars. prominent LAWYER shlu
Yesterday ny one of The morning Pacs ila The
Attorney stated that the receiver depended on
payment for the OF the HACKS iof the means oi
dcraying expenses OF c&ccntlns Ills tru,
This novel view OF the case The people ol TINS CITY
certainly did suppose the acts Passed recc ty
wero int ended the chairman of the DencciGuc
state Committee the opportunity 10 run street railroad
In and COLLECT lis percentages on the receipts
aud disbursements thereof until all the quesuons se
SHOULD he passed upon 10y the supreme Court OF the
| United states"
The political relation of the people thus engaged IN
providing that the receiver shall oOt IN sce OF Inc
! citys money excits wide comment. Judge Alton u.
Parker John Bnen receiver. recently
sppoiuted to tho Court bench lay Governor
Hill He comes Ulster County, where OBren also
halls from, and never sits in this city. Attorney
General OBren is said to aspire to tue Democratic
nomination the Court o. Appeals next fall Receiver
OBien the great aqrednct actor is chairman Of
the Democratic State Committee, aud will have much 10
say as vino shall be the nominee OF the party for the
place Nj O'BIe. the Attorney General. II SIid 10
cOiet He chairman last year ana succtssI ily
brought Mr. Hill through the moagn.
Controller Loew said yesterday thai the S4OooO when
the city receive from the Broadway Raroan III
addition three per cent OF the cross receipts, Is
received that II would I've paid. The three
per Of the receipts vas really not due unul
the expiration OF year from the Time the road began
operations The company hal. however paid one quar-
This OF the percentage OF the gro -
receipts would be due on November /.
ADMIRAL JOUET7'S GALLANT SRRVTcES.
Rear Admiral James E. Jouett. the Com