New-York tribune., 1886-05-12
THE COURTS
ARE TIE BROADWAY ACTS vALIDi

rHr WORCESTER NATIONAL BANK BEGINS A SUIT
To- TEST THrIR CONslIlVTI0NALlTY.
Tho Worcester National Bank Of Massachu-
.e. began the United states Circuit Court yes
,eday TO test the OF the acts recently
as.cd by the Legislature repeating the charter OF the
p-o,dway surface Railroad Company and providing nr
r,,o,nc M hs affairs The defendants are Denis
oRrien the Attorney raj OF the state OF New-io
,he MAYOR, Aldermen and COmmOnalty ot the CITY o.
New-York; William II. Hays. the Trustee nh"er 'he
rrrtsagc who has refused protect the property ~
le,al proceedings; the Broadway aud seventh Avenue
puroaa Company the Broad way surfce Railroad Com
n,ny or James A. Richmond. as president oi tAe co'o
ration hitherto known by that name
The complaint which flied yesterday by
Nash & KingsfOrd with stephen T. Nash "a
counsel sets forth that on July l. lsSi thH
Broadway Surface Company made a mortgage
IN william, H. HAYS as To secure the payment o.
500 bonds OF ~ 200 issued By the pany The bark
rrrchaacr 50 OF these bonds from Nermiiy- Co. Oh
June 80 $50 paying about $4,000 and 1t stiI h0'uS
the bonds The ant quotes the act OF lHe4 under
which the road was organized aad reces the proceed
ipgs that taken the consent OF the oca
apthorti.s and the appoiniment OF commissioners by
the General Term OF the supreme Court TO ME tue "o
required by the Common Council and to accep' t"e o
ditions imposed by the General Term. Inc r""u 'S
the bonds IN June lss5, and NerH'So
Co bought Ss25.OoO OF the bonds "ltno"' '"0
compIsint SAYS notice reason 10 suspect thaV
the said bonds not regularly Ssueu' anu "l'u'"'
nouce or reason to suspect any rreSulary' ir'uu VI
eralty in any the proceed ngs for procuring the
cons MT Of the local authorities. which are hereinafter
mentioned" Worcester bank IN good lalth bought
the bonds
The Broadway Surface Railroad began It's operate
in the summer OF lss5 aud made traffic arransement
with the Broadway and Seventh Avenue Railroad Con-
Many and ACCORDING comp amt, the roads have
rroved to be the public. have performed
Their obligation the municipal authorities and pad
ALI their liabilities 10 their creditors The local authorl-
ties of the CITY OF New Gork, ~ W.T. the Mayor Alder,
men CummOnsy OF said city nave never uls rinec
or rescnded attempted to dsarm or rescinc the IL
resolution. the contrary have affirmed the same
al respects. have exaced the percentage OF gross
receipts The third clause OF the resolution,
thc pyment of the 900 rental specified IN the hfh
clause. which moneys have been paid by the
railroad company. and enforced the
performance OF the further obligations iu-
posed on the railroad company uLder the order OF the
Supreme COurl. ana neither p,ry to the said license
has ever app led TO any Judicial or eGsstVe
authority 10 be relieved from the Obligations tnrreoi
Tie complaint then refers TO the laws 10 annr the
the Surface road and SAYS that under thoSe
acts Attorney General O'Bren Is about 10 Apply 10,
receiver 10 wind up ana nnany a1Just
sod at public The plaintiff. which says that It
is this legislation is unc"ns itntiona asks
the court 10 decree that referred uncon
.truuonal and VOID that the Attorney General be ro
company that the be restra ned from selling
tie franchise provided by the acts recently passed
EXHIBITS attached 10 the complaint including the
General Railroad Act OF lsS4 the record Of the IN
CORPORATION OF the company papers relating
recently passed by the Legislature providing foT the ap-
poinfmenr a receiver and the winding up OF the COM
panys affairs. Copies OF the complaint nave been
served aud the case will probably come before me
United Circuit Court Friday on motion for
injunction.
THE CITY OF BROOKLYN NOT RESPONSIBLE
Judge Van Wyck. in the Brooklyn City Court
yesterday granted motion for suit in the proceedings
by Mrs. Amelia L Billings against the city aud ex
CIV COmmssiOner Ridley Ropes To recover $4,000
fr alTes caused by wood aTnn( which ie on her IN
The motion sult made bv Corporation
Jeuhs the the ground that the city was
the N tie cuartcr pro
shall be responsible for the malIess
ance officers For MT Ropes OrpO
fOuussi TAyOr