New-York tribune., 1886-07-10
CARS TO RUN IN BROADWAY.
TERMS AGREED TO BY BOTH COMPANIES.
HOW THE ARRANGEMENT Is REGARDED On boln
sIDEs--SHARPs ULTIMATUM.

volved in the dissolution Of tho Broadway Surface
Railroad Company until no decides all the disputeu
points that have arisen ia looked upon with mild wonder
by the lawyers engaged in the contests Tho judges OF
New-York City supposed to be ratner
imperious set OF men, who frequently manifest
tendency take things into their own hands; out IL
Is considered extremely doubtful whether any Juuse
here would have such extraordinary power as
Judge Landon has taken OF the
The injunction has placed Justice Van Brnnt IN
peculiar situation lie heard counsel on both sides
argue the question whether not the Broadway ana
Seventhave. Railroad Company had right. under 'ts
several contracts with Jacob Sharps road TO operate
line OF in Broadway, and he had reserved MS
decson expecting to hand down to-day But the court
in Schenectady has fit to take things out OF Judge
Van Brunts hands. We're he to render his decision IL
would be OF no avail Neither side could file 1t or pro-
ceed under It. There those who sav that when
Judge Van Brunt heard OF this injunction he looked aud
probably thought unuttorable things 1t consdered
probable that he will decision at all in tho
but will take the for Europe to-day With
noticing the city's case.
Corporation Counsel Lacomhe yesterday officially IN
formed AttorneyGencral Bricn that he should move
judge Landon for change Of venue to this city He
or tho opinion that the at schenectady was
wholly without jurisdiction In action TO which tho
city OF New-York was made a defendant. Under the
Consolidation Act 1t Is required that proceedings against
the city shall be instituted In the courts OF thf county.
II this Ia denied Mr. Iacombo will probably go
to the Court OF Appeals upon 1t before he
takes further In the lie Is determned to
keep the cltys interests distinct AMI separate from
those OF any other defendant, and particularly from
Receiver Orens He considers that the receiver has
authority over tho right TO road in Broadway
or the money derived from tho exercise OF that
privilege.
prominent attorney whose practice Is entirely In
municipal law. said yesterday: 1T 10 mo that
the vital motion in AttorneyGeneral OBrIens action Is
absurd. II scheme from first to last
to put John O'Bren chairman of the Demo-
cratic State Committee possession Of all the Affairs
dissolved company. II should only have con-
troll OF the tangible property of the road Its rails ties.
and Office furniture he would make but little
money out OF his appointment on tho other hand II
he had OF the cty's affairs he would get good
thousand year Of his place. That is what he
and Attorney General after There may be some
point plea that would be better to merge all the
actions pref rred II the functions OF the
receiver kept distinct from the rights
of this city, If both eonld work together
with the und 'rstanding that O'Bren was
not going attempt claim slice OF the cltys money
It would befler TIE law is clear upon tho subject
and the fact that the Attorney General asks Judge
L,ndon extend Receiver Brens powers so as 70 in
cule the cys rsht shows that be recognizes the TACT
that the law it stands Is against him. don't ses
how X IL BILE for the court To grant @uch hotioh
his du.ies The Court cannot extend them
how it can construc the Law give MIN a
percentage GUYS money IN the face OF the Con-
The ayones winch have permeated all who have had
anything do with Broadway surface Railroad matters
nave r III, 'e9 sgree@rnt made between Attorney
~ p-nn nm mo ono hanI and .he Roadway and Seventh
Avenue and the Twenty third street Railroad
Sps 'ss on t"pp.ny tn% .ins has sgr"e To- pay 500
day 10 the receiver pending the result OF tne
suit before J"cs LsS1@ Ds"de. ana s s
street Line leased toiD avrred yesterday TO pay 80
day III, the rights Of the recelver II any, snai h4Eo
been determined In the same r,'sauon, me ne
Attorney -Grnersl on his part has agreed to to
@ .ne ds.Tu.ipn s',rnntnp both roads from running
their cars on tue broadway Surface Railroad Companys
tracks All Injunction proceedings and SUITS arc
mt into the back ground and all other litigation Ia to
Stand in abey ,nce pending this litigation. Such is the
ani by the attorneys OF tho two roads.
RE history occurrences tor the past two or three
days which ended IN this result has been lively
one Altorncy-tienrrai A o rieu obtained his INJUNCTION
rom 1usfice I,ndon restraining the Broadway and
seventh Ayeuue ant the Iwentythird street Railroad
companies running their cars IN Bro'dway below
Union square and came TINS city armed herewith
| ON wednesday. IIo was cOseted all day with EIhu
Root the attorney OF the Broaway ana seyenn Avenue
| Railroad Company. Mr. OBrieh demanded that ke-
cever o Brien should receive certain sum esch y
company for the privilege OF running us cars IN
lower Broadway Mr.. Root came to the conclusion Ina'
entitled To the money and tue stipma
| ton Of 500 day WAS at length determnei on. ihs
regarded as an exact equiyaeht Tor AWNING,
but a temporary arrangement by when the company
he allowed to continue to run its cars IN lower
Broadwaytnd saved from inrlner uhu " ,I
by halt along the line should Or ediunt tue nnai
|
Az p H. yesterday A:torney-General o. Brsn Deputy
Attorney Grucr POste Attorney Gouerai Leslie W.
Russell as representatives, OF the AttorncyGenera jacob
sharp and William CGullver OF AexAndor@ Ercoh' 1ls
Rnssels office ia the Mutual Life Insurance Building TO
the terms on which the twenty thiru Stree. t ~
cars IN lower Broadway. This meeting had been pre-
ceded by lively state Of affairs When Dsnis bpcn
arrived his injunction, Mr. Sbaps attorney
tbe tb wni's Mountains lie could not well DO
he
what to Immediately Mr.. sharp there fore told the
Attorney.Genera that he would obey inc nJnnc.on anu
the Beeckcr-s would all be srnt down tnrr oiu
force this issue 40 he withdrew his notice aud served IL
again. giving Mr. sharp twenty four hours more In
tsray ~r NJ NJ oBrien wanted Mr. sharp to pay the
ceiver $50 day lie peremptorly reiu'eH ana s'd % n
he only ran nny cars in Broadway while the seventh
hvonne Company ran 300; he used Broa1wy on,y @
between Beecker and Ann sts, while hall OF MS cars ,
compensation he thought sl4 a day enough, II !hs
Seventh Avenue Company paid 500. but ne was Wiling
10 nay Si5 This wa. finally agreed to. -,
on this whole matter Attornoy-Genoral q Bren sala;
81 mink have treated the conpanies win SL Ins
lsniency. We nave let them have their own way onS
continue to run ears broadway whether the laws
OF the state should be obeyed stated my PhOi;
having secured my Injunction. aud although % %snouIu
greatly dsiked TO stop the cars running III o"et
Broadway should have done had tho companies not
and the whole matter has been led pending the re
of this single suit 1t is matter for congrs'ua'oh
Alexander & Green said that the agreement simpy
provided, payment OF the sums to the rcce'or
pending the litigation and that this was IN no tvuse any
recognition OF the receivers rights II mo courts
decide against the receiver the stipulation pfoVlueu
that the money should be repaid. IL was smpH an ar
rAngement OF convenience -,
Mr.. Sharp upheld this view emphatlcally anu sHu
This recognition at all OF the receivers rlshts
He agrees To stop his injunction proceedinss auu wi,
agree pay rlj day don't believe the recelVe Will
be sustained aud expect To get the money psos' ~
An officer OF the Broadway and seventh Avenue
pany We regard THIS simply as means 10 urIugo
matters until the final determination OF Tue sun
We think the money belongs to the receiver
as such and therefore agree 10 pay
10 him. Our company is occupSlhf
house which has been vacatoi The money We pay tne
receiver own goes To him temporarily ana 1e
expect every cent OF II back ultimately. ins
arrangen'nt is smpy one winch shuts on o'LhI si's
and inunciIOns and brings matters into acohuitioh
which asked for at the start, namely that tde "uo
might he arranged I'm one suit 40 that the "noo
INN cnnId as ssit e. IN Ihai lasue. "