New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-06-16
THE GENERAL EXPLAINS
WHAT HE THINKS OF MR. LACOMBEs SUIT.

TIE POSITION OF THE STATE IN THE BROADWAY
ROAD LITIGATION.
,rpov THE REGULAR CORRESPONDENT OF THE TRrBryEl
ALBANY, June 15.-AttOrney General o Brien
differs with Corporation Counsel Lacombe IN regard 10
the proper method OF prosecuting the suits
against the Seventh Avenue and Twentythird
street Railroad Companies to compel them to
surrender the Broadway road. The Attorney General
lods that OF these roads expired the moment
Governor Hill signed the bill anung the charter OF the
Broadway Surface Railway Company. and that such
Mr. Lacombe has begun to compel the railroads
mentioned to pay the city the $4,000 yearly rent
they have hitherto paid is virtual state.
ment By the city that 1t thinks the
leases still IN existence. This the Attorney
General will not admit. Any money made by the Sew
enthave. the Twenty third stline by its occupation
othe Broadway line lie thinks should be paid to Receiver
OBrien as the representative Of tho Supreme Court and
not to the City OF NewYork To-day Attorney Genera
OBrien asked II he had read the editorial and local
article TIE TRIBUNE upon his course. He replied:
YES, I have seen THE TRIBUNE article. / think thaS
the Corporation Counsel Is mistaken In his views 10
proper for me to pursue and II he entertans
any fears regard the interests OF the City OF New
York. they entirely groundesa The true course TO
pursue in these tgatons seem to me to be very plain.
The state has taken the corporate life Of tho
Broadway Surface Railroad. The moment tho
bill annulng the franchise became law
all the property OF tho road passed into
the custody OF the STATE to be administered and dis
trbuted according law and to such persons were
interested n creditors otherwise This trust tho
State and administer through its courts OF
Justice To this end the court has appointed receiver
OF all It's property Various parties and corporations are
interested The City OF NewYork OF the Interested
parties These numer interests sometimes come IN
conflict There no way settle these conflicting in
terests except by proceeding IN a court OF equity.
Ii should be DONE az Tar ~ pOssie 10 single piocee
ing every party interested Is before the court and
every claimant can be heard and every rIgn
III the City OF NewYork eau be permitted 10 worx
its peculiar interests IN separate proceedng so
the other parties as wei. ana mus we VIII have
multiplicity OF suits and motions, when every interest
should be settled In one action. That action must
be instituted by the state Then a the Cty Of
day In court and It's chance To be heard.
point out better way to settle all these
by suit. motion or one proceeding VIII he glad
.'Tne position which think tho State must assume in
this litigation is that every contract Lease or astee,neus
into with other parties. tho performance OF whlca
mated ana cancelled by the annuns statute. inese AZ.
guments contracts were entered into Dy All parties
OF the tate to terminate them by the de.rucon
CORPORATION upon the snsse,. Of wSoss fsRcIs
CORPORATION Counsel, as 1 understand 1T. IS not
IN harmony W, is ao prS tn pS an ar
which will recognize the existence OF those contracts
after the passage OF the annuung act -. -.
II seems to me that the judgment of court direct
ing the seventh Avenue Company t" pay money 10 tao
would he y clear recognition OF their er-
isence Since the annullng act was passed. no one at
the right to operate the Broadway Railroad. II has
been operated tho state has tolerated IL as
public venience. No now has the right TO oper
ate IL without the permission OF the receiver who tho
arm Of the court The decision OF court that theso
contracts arc still In force would very nnch hamper ana
embarrass the state the administration Of the trust
IL seems to that the suit OF the Corporation
Counsel calls for such decision, or at LEAST
IL ia liable result in that way.
| presume the Seyenth.ave- people would Dc sai 70
have IL held their contract 10 run the ROAD SIN
exists Whatever arrangement Is made Tor tue opera
Under tho sanction of the court, and on
the CITY OF New-Nork can make such ARRANGEMENTS
infer from Mr.. Lacombes statement that tue opjee1o
IN. sut WAS to settle OF the difficult an. intricate
stions involved In the broadway matter before ta
courts OF the CITY OF Newiork and by some mode ot
procedure different from that specially pro'ded ny THO
Wv avery one knows that the LEGISLATURE, by
special law, permitted the Attorney -neneas 70 Das
In any judicial department OF me staie: anu t~s
this was for other purpose than 10 enao,e
him In get on. OF the city or New-io.
A snit In snch q matter brought anu prosecuted IN tho
c,tv IA nnlts A likely have cat undcr the nra'
tuG' a. one brought hundred miles away IRON New
vnrl and certainly II will not be more troublesome
az e,nrnslye for our New-York friends inciui-
ing Mr. Laeombe. to run up to Albany or hlnesson
than IL would DO for me 10 take odshss.n
New-York II the and public officers OF tho city
will take care OF the questions growing out OF ths
fortunate broadway matter which are now on the cri,
mai AIDE of the court, will try and fairy dispose o'
the belong the civil side In the eouuy
I'm doing this hope have the aid and co-opcsa""
Mr. LacomDe.