New-York tribune., 1886-06-04
pTNNING CARS IN BROADWAY
INJUNCTION TO De APPLIED FOR.
.ur COMPLAINT SERVED N lHE SUIT bhoo"h' ID
Ts- COMPUTATION COUNSEL

PM COMPLAINT SERVED IN lhh suii n"o'"
Tsr COMPILATION COUNSEL
,Ioxonder 4 Green, thc attorneys LOT 'he
- 80 spd seventh Avenue Railroad company "''o
..,xed Yesterday with the liant III 'no "''o
nv The CORPORATION Counsel last week u! '"o " ~,
nn,nons By the papers IN the SUM- 'ho V'' -.
- s,ro,,o Court on TIE tnird Monday in june LOT Il"
.r,.r restraining the defendants from r"nni'e ' r,
aver tie tracks OF the former Broa""" cha
=. ca,nnnny The complaint is md"" u" '
.e;davit OF Deputy Controller t~eh"'" ~ X,
~ho alleges the facts Claimed 10 oe ''"e - 49, = -
nj, know edge and belief It's "licSe" III "o"''- "
city th., the SAID Broadway ana @eVen'" A'e""e -
,oad Company never had or acquire" any ri-"''
or authority t1 run their cars over OF "i' " -,
-, IN. ronte of the said Broad way surface h"''"'
Comnanv aud also that II any snch riih' "''' y
,ea.on of the aforesaid act OF the Lee's'a'"i' P
,hc Ath day OF May. 1856, such rSh' oe"''o "''"
,,o,.a. and that now there Is no right power OF
.r,,or,,v upon the part Of any person 10 oprSo ~
,,pro.d ,nou said route OF the BROADWAY sur aoo i
road COMPANY ,.. 4, 90 .hovn that the Constsu j.
,,an nronblts the Legislature from passing any ioea m
private bill granting TO any corp'Iaon. that
.nch power must conferred under gener iSw & nu %
maj under Jaw now IN force IL - req
a. secure the consent of the local aut @ % .,
the city which the road Is To ne nronosed
one-n.ll of the prOperty-owuers h"ns Vse Ptacr
rontr or Iu lieu OF he latter consent ths oi Wy o-,
49,, y, ~. srrr.nr Cont c0ntrlniuga fayorao report
Ie'.i VI ' appointed by 1t to determine
~ne,cr sueh road should be constructed ana operate
,hat tbe Rroadwav surface talW'y Nou-
80 was organized under this Reh-
sra law which among other things requires ma, II
face rail- roads operated undr us pfOVslohs mus.
ares of more Than 25OOOO inhabitants pay INTO tne
CIV treasury annually three per cent OF lts
gross income lor '"o nan, annuailv
hereafter by its provisions no company has ,u
rnt 10 run another companys tracks Tor greater
distance tnau LOCO feet and then only on NE pcru1-
son of the court made In confirmation OF favorable re-
mort from appointed To investigate as 10
lie wisdom such a course; that whlle the ia" p"rs
ore comrauy transfer 20 another company l1
rights and privileges together with lts duter ana re-
eponsihtes, nothing IN the law snail De cons rueu
10 authorize any railroad company IN cities OF over
200 popuaton lease lis rEhts or iranchsto 10
any other company said cities which owns anu Oper
ale- Il ro al parallel thereso - u
IL l. also claimed that the Broadway surface Railway
Company. having obtained permission TO construct
anu own a road from the Battery along broadway 10
Fiftreuth-st did make agreement Win the br"Nu-
wav aud Seventh Avenue Railroad Company by whlch
TIE latter permitted run cars over tbls route;
tnou h al the same time operating u para ic4
road that The Legislature or about May l. 1850,
d Gis-olved the Broadway surface Railroad COMPANY
and annued charter and that therefore II the ds.et
uent these parties ever Was Na''O ~ -
DOT in force or lcga. ~ NJ,
John O'Brie. receiver OF the Broadway SURFACE hal
road Company. went to Albany yesterday 20 cohsuI'
with the General the aspect OF anars per
tanning TO his receivership.