New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-06-17

CITY AND STATE OFFICERS IN CONFLICT

DIFFERING VIEWS AS TO THE POWER OF THE RE-
CEIvER OF THE ROADWAY RAILROAD.
If AuOrney-G General o Brien persists IN his
position Of the Broadway Surface Rail-
road Company acquired from the Legislature power
over all the property OF the sharp people including the
preserved it is likely that tine city and the
State officials will be IN open conflict Corporation
Counsel Iacombe and Controller LOew decline 10 accept
any Of the law, and that the Attorney
General must have been unsupported. Mr.. Lscombe
said yesterday
am very glad 10 see that the Generals
ton founded entire Misrepresentation OF the
stuat0n 10 wn here. He evidently has not seen the
papers In the sult brought by city against the
seyeuh Avenue road He says that the State must as
THIS litigation that every contract. lease or
agreement which the Broadway surface Railroad entered
into. performance Of which depended upon the ex,
stence Of the franchise was term anu eanceiG
BY The annuinhS statute. ne Nous lne s".V @ ~
by the Corporation Counsel as understand II. Is not IN
s1 S Eve the Attorney oSeG M
in Albany based upon the principle that the contract
the aunuing and the Corporation Counsel prose
- lie onfract sti survives" The suit broug by
IL based ON no such principle on the contrary. IL
Seventh Avenue Raj road Company never had any wand
agreement with the Broadway surface road
srso4a 'hSs even was destroyed by the
recent acts Legislature which transferred TO the
city the consents TO run aud provided nat THESE CON
sents .houd be used Ony after sale by tho municipal
authorities 1t Will thus be seen that on the funda-
mental principle which is to be tested the Attorney
Genera and myself are wholly IN accord
not aware that the legislature conferred Attor
nerGenera the option TO select tse Judicial department
for the purpose, he says, TO enable him TO
T. scleet some other district than the first,
surely viii make no objection on the ground
OF It's beng troublesome or expensive to run
M 10 Albany or kingston" | think. however, Mr..
OBrien Is mistaken. TACT most lawyers practising
IN other districts TO the condition OF the caen-
dars THIS city Al actions IN which me CITY Is party
preferred are those IN which the Attorney
General appears ana there Is no alcal'y a. a ~ Try
ing and disposng OF preferred case In the Souru o.
this city succeeding that in when issue II
Joined. did certainly intend 10 imply that the
prsctlc was well settled probably 1t Is more
strictly settled IN the country than ii the CITY Inc
difficulty appreciated IL this The particular proceed
Ing begun under special statute passed for the oc
casiOD, and under which no other procee ins
rules OF the details OF tne
sows e.ta6Isned by repeated decisions
This uncertainty TO the methods 10 lie followed WILL
fear all parties and will offer TO those who
are contesung opportunity which they
and hinder the hnai determination OF me
the Attorney suera for in the served upon this
Office yesterday double t.te Is given 10 the pro
eeeding. A single tue was OF course sunIeienl ,
but such uncertainty as 10 which al te present
be hardly decide by which To abide All dih-
culues OF this character would be avoided ny tesung
fne question. IN one regular actions II the
rec 1870 4venne RAILROAD 10 restrain them from
using The rails or II he would threaten 10 remove the
rails ami the Broadway and seventh Avenue Railroad
sboI seek 70 -uioin him that action and the when
/ have already begun would undoubtedly determine
every question likely 10 arise undeT tnese sta ntea ~
In one material point. however. | differ fron
the Attorney az he is correctly reported.
which ] very IA doubt. He that " tina moment
Railroad became law. all It's property passed luto me
cas- OF the To he administered and distributed
according 10 law" THIS OF except as TO
the permission license to operate the road, which
is known as the cOnseDts- his permis iOn whether
properly or not did pass into the custody 0f the
rtate because the Legislature explicitly and ny
on intended 10 accomplish that very purpose trans
ferred Immediately upon the usso noh OF
TIE company the city OF Newly 10 be sofa Dy us
municipal authorities ana 10 be used only dteI Sac ny
Them The great army OF innocent bOnchoiders deal
and blind stockholders lessers aud ienrs
them: although the Attorney General mas wileh ne
In reference the United states courts
enioning sale that will not argue ID support OF
viii officially take the position tbat
Tie act void or course II he does we can no longer
'cooperate." because my Official duty requires me 70
eupp0rJ validity OF taat act by every arSubent ~
nv uowrr ana the proceeds OF such SAFE 10
The iy of New instead Of having them passed 10
and it, receiver To De distributed anoHS 'o
creditor, OF the Broadway surface Railroad
The real motive OF Nc. O'Briens move Is recognized
as being desire on the part the Democratic machine
manager. to satisfy John Brien. the receiver and
chairman OF the Democratic state Committee ny giving
him the handling OF money TO be derived by the city
from the further use preserved franchise
Oh which he Will have a claim az receiver
SHARP WAITING TO BE CALLED As A WITNESS.
Jacob Sharp was waiting yesterday 10 DE
called a. a witness in the Of Powell against harp
IN the superior Court before Judge Freedman Inc
case was not reached and Mr. sharp will try II again to-
When the consents OF the properV-o"hers
along the route to the construction OF the broadway
road being sought. Mr. Powell secured the position
OF chief canv sssr According his testimony before
the Senate Railroad Committee reported daily al the
OF RoDlusoi isrlght, whefe lie uscd
Messrs sharp and FosAay aud Inform them OF AIS