New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-06-15


1t is annoying and wrong, to say the least,
that the people of New York City cannot have
an honest. speedy and final settlement Of the
Broadway railroad litigation without the selfish
and meddIesome interference of that ring OF
Democratic politicians which David Is. Hill has
gathered about him for his personal use. The
city is going to have trouble enough with
Sharp and his crowd, Widener and his
Philadelphia people, the Broadway and
Seventh Avenue Company, and the Surface
road bondholders, before the object of the acts
passed by the Legislature is accomplished,
without being harassed by this Democratic
ring which seems ever on the alert for pickings
Little by little ii comes ont that the events
which led up to John U'Bren's appointment as
receiver were all bent and shaped to pat this
ring in possession of the road that defrauded
city might be further preyed upon.
Instead of bringing his initiatory proceeding
in this judicial department. where all the con-
tesant interests had their home. the Demo-
cratic Attorney General, Denis O'Brien, hurries
of to Judge Alton B. Parker, of Ulster County
Governor Hills personal appointee to the
vacancy in the Supreme Bench created by the
death of Justice WestbrooK, and asks the Gov
errors judicial friend to appoint receiver
the Governors political manager, the chairman
of the Democratic State Committee, john
UBrien. Already Denis O'Briens party friends
are putting out sly fceers looking to his
election to the Court of Appeals Perhaps it
may have occurred to him that his judicial
qualities might be better appreciated if he had
the party organization in his favor. If he had
proclaimed from the housetOps his purpose of
Civ ing his party chairman nice fat place so
as to get him into good humor, he would not
have made the matter clearer to the public
mind.
At first the people were not disposed to he
seriously offended by this petty business, for
they did not see that the receiver had much of
chance under the acts to work " his Office
for anybody's benefit. Nor indeed, has he any
such chance if the law is obeyed. Its terms are
clear 1t makes ths winding up of the dissolved
Broadway Surface Railroad his only aud i'm
mediate duty. He is to sell its effects and pay
its debts with the proceeds. These effects do
not include the consents under which cars are
allowed to run in Broadway. Those consents,
by special act, are preserved and conidcd to
the municipal authorities of the City of New
York, who are explicitly directed to sell them at
public auction. The cars, rails, ties, slcepers,
horses, Office furniture and other personal
property owned by this stfled corporation are
what the receiver is to control, and nothing
else.
The outlook for fees was therefore small
under the purpose and language Of these acts.
Bat these Democratic politicians do not appar-
emily intend to be governed by the law. Some
days ago the Counsel to the Corporation began
an action designed apparently TO secure to the
city the payment by the Seventh Avenue Com.
pany of the $40, 600 annual rental promptly on
the day it was due. He did this by denying
their right to use the road at all. If the court
sustained his theory Of the law, it would I'M
doubtedly say TO the defendants In effect d" The
"court will not give judgment against you by
"granting tho plaintiffs motion, because the
"pcope must have travelling accommodations
"aloDg Broadway. You may carry your de-
fence to the court OF last resort, but 80 long III
1you run that road you must pay tho city every
dollar duo under tho consents.' The cour
had perfect right to make such al order