New-York tribune., 1886-06-05
MORE BROADU4Y LITIGATION.
RECEIVER OBRIEN TAKES LEGAL STEP.

TRYING To LEARN WHAT COMPENSATION SHOULD
BE PAID FOR THg USE OF HIS TRACKS
The Broadway Surface Railroad is prolific OF
litigation The complaint OF the Corporation Counsel In
his suit to pr vent the Avenue Railroad Com
pany from running cars in owor Broaiway had hardly
grown cold IN the hands OF the lawyers on whom 1t was
before papers setting forth LOCAL move on the
part OF Receiver John O'Brien placed In their
hands.
Mr. O Bren somc time SOUGHT 10 got the Seventh
Avenue and the Twcpty-thiri street Railroad cOmpa-
nies paw him what he considered reasonable
compensation for the 0i tho surface roads tracks
These companies declined TO recognize his authority
A conference OF counsel was asked for By them Mr.
OBren a~rrd to be informed VINO their counsel we're.
He received ana yesterday through his conn
sci, Seward Da Costa & Guthrie gayo the companies
lawful notice that motion would b. made In the
Special Term of the Supreme Court Ia Albany County
on Juno l2. for orler determining tho amount of
compensation which tho two roads should pay Mr.
OBron for the OF tracks from Mayi last and FOR
such other relief as might be deemed meet Tho notice
directed to Alexander & Green and stckney shep-
ard. the OF the two leasing roads f. Henry
Lacombe and the presidents ana directors OF the TWO
roads.
In tho accompanying petition Receiver oBrien states
that among tho property Of the surface railroad he mas
fnnnd two railway tracRs with two mortgages them
to tho amonut of S2.5oo,0O0 total Tie believes that
these tracks did cost $4,000 and that the
bonds issued on the mortgages do not constitute vd
lien upon the property Of the company Th're has bcen
tracts made between the TWO Broadway companies MI
Bren that he does not know whrro they are
~ least he has been unable to get hold OF them. He
states his belief that the guarantees of tho rvenyfhr
street and Seventh Avenue companies for the payment
oi the bonds are void because OF want OF power on
the part OF IN" two cpmDan 80 10 make or
them. Mr. OBrlcn declares his want OF faith
that the surface company ever had any cars horses or
harnesses He calls attention 10 Mr.. Foshays trst-
mOny before the senate Railroad Committee showing an
average monthly Increase i'll the receipts of S6pOOo
after Seventh Avenne Company began running
down Broadway below Union square. The property OF
the surface company cannot be sOd the receiver SAYS
until after September next. until the Broadway
bills properly complied with This will take TWO or
three months st least. fOr She claim OF the city that
the compensation for the use or thr tracks should ne
paid To the municipal authorities Mr.. OBrien says that
present hr neither lrnics limits the vaidtY OF
the caim hut he insists that such compensation Tor the
use Of tho property I'm his possession is primarily
due TO the receiver. Therefor h. prays that the Court
shall determine the amount Of the compensation TO be
paid by the roads for the of the surface railroad
compauys tracks.
The counsel O the two roads ttke the new movo WIN
eqnanmlty and siil persist IN saying that all Tins Vare
gated litigation hinges upon the consttntonality of the
broadway bills and mist abide the dcternln alton Ol
that point in the court Of last resort