New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-03-27
THE CABLE ROAD REBUFFED.
THREE ADVERSE DECISIONS IN ONE DAY


REFUSAL BY TIE SUPREME COURT, GENERAL TERM,
TO CONFIRM THE COMMISSIONS REPORT.
On the motion on behalf of the New York
Cable Railway Company to confirm the report OF the
commissioners appointed 70 determine whether Its pro-
posed railways ought TO be constructed or operated ana
the motions behalf OF owners Of property Oh streets
proposed by the company to vaeate the order
appointing commissioners the General Term OF the
Supreme Court yesterday gave decision adverse 10 the
Cable Company. Justice Daniels who wrote the opinion
OF the court in it recites the testimony IN regard
to the objections to the use of cable rail-
roads in this city at great length and
SAYS that from an examination OF Chapter COG OF the
Laws Of 1870 under which the Gable Railway Company
claimed be incorporated. and OF the decisions in rela
IT, he is OF the opinion that the act was not In
tended to permit construction and operation OF sur
face or mixed roads such as the Cable Company pro
posed. The Of this act had not been complied
with by the commissioners who provided for the mcor
poration Of the company. They determined that the
roads should be in operation within three years after
company had obtained the consents OF property
and the local authorities. This was an indefinite
PERIOD while the law required de1neness in the respect
to time.
Finally, Justice Daniels holds that the provisions OF
the General Railroad act OF 1884 apply the Gable
Railway Company although it passed after the
Rapid Transit Commission completed tho organization
of the company He holds that the act is prospective IN
its effect but construed would apply to cases where
at the time of Its enactment 10 railroad had been
in whole or in part constructed under
the authority OF the act OF 1879 But
the company had not at the time of the passage OF
this secured the right to construct extend operate
or maintain railroad. Only the preliminary steps had
been taken toward obtaining it, lie declares that under
the constitution OF the state. while the Legislature can
not deprive a corporation OF any Of its property. IL
may limit restrict withdraw of It's frame hses
or corporate privileges by Of the power reserved
to it by the constitution. Nor were the
privileges or franchises in form secured, placed
beyond the control OF the Legislature by the
circumstance that the applicant had paid to the com
mSsiOners the sum- or the greater part OF the sum O
$57413 q. For this was not PAID Tor any properly
within projection OF the other provisions of the con-
stitutiOn already mentioned
In conclusion Justice Daniels says pom ne WAole
case as It has been presented and considered the pe
toner should not be permitted by any order OF this court
T anT Sicb has 6ecn made for the confrfna
report the commits should therefore
be denied aud that denial Will completely dispose OF
the case the applications the order APP
pointing may also IN form he denied
Presdi Judge paws. in cOncurring opinion. says
that he cannot acres that the concus'3n reached Dy
majority OF the court upon the legal and constitutional
question raised upon the argument, is fatal TO
necessary consequence is that the Cable Company has
substantial conformity to the statutes OF the state but
ton of the question as IL Will doubtless speedily receive
the consideration of the Court OF Appeals There has
10 power to withhold its approval OF the construction
the railroad upon some of tue proposed routes II
For my part do hesitate to say that have
garded the application OF the proposed cable railway
mssiOners. aud particularly In the upper ana newer
portions of the city aud various cross-town streets as
most desirable and valuable improvement, second
only. in my judgment. 10 that Of the elevated railroads
which have survived OF obloquy and assault to
vndicste their usefulness by subsequent results"
Justice Brady in his concurrng opinion says that the
Of adequate compensation 10 the city was OF Itself
fatal the application. He agrees with Justice Daniels
as TO tie constitutional question ana win rIesdng
ties OF the use Of the cable system.
Justice Lawrence in ,upreme Court, Chamhers de,
the injuncuons against the Gable Railway Company
on the appeal Of the aNew-York Cable Railway
pany from the order denying the motion to continue the
street Railway Company from constructing It's road in
which form part OF the routes laid out by the
Cable Railway Commission. the General Term OF the
Supreme Court Yesterday handed down decision al
frning the order with costs.
Justice Daniels. on giving the opinion OF the court
says that Chapter COG Of the laws OF 1879 nor
the aferward passed amending IT, under which the
as corporation, prohibits the conjunction OF
safass Of eny srs. through vRSR the
be acquired TO construct railway under Its
provisions The act OF 1854 has prohibited the
struction Of street surface railroad upon street in
which another company may have claimed the night to
railroad which at the time has neither IN
whole in part been made. 1t has prohibited the |
construction OF surface railroad upon street where
the company constructing and layingit But as
the plaintiff has constructed no ROAD upon |
any part Of the route In controversy |
ON account OF the nfectual effort of the plsnun TO
obtain thu OF tho Of the property along
the route, II within the power OF the defendant
under of 1854 with the consent OF the local au-
thortes and OF the property owners TO lay ana con-
struct its railroad along this route ~
Presiding Judge Davis, who together with Justce |
Brady concurs in this decision discusses the Consu
Iutonal question involved. He says; Under |
the Constitution OF the State the Legislature has |
no mower TO make with any corporation "A !
contract in its charter In the act incorporating
IL OF by other legislation which prevent
a subsequent Legisnture from altering. modifying or |
wholly abrogatng It's charter The legislative |
contract made with tho corporation as fully as though
expressed In the charter act OF Incorporation Tie
adds In OF repeal OF the charter or corpora
ton, without special provisions touching debts and
property the Jurisdiction OF "A Court ~ Equity would AZ
OUce attach TO extent as 10 Invest the court
and protection Of creditors and all others Interested
Charles +. shaw chief counsel OF the Cable Company
said late last evening: hear that the General Term
has handed down this afternoon three opinions, one
written by Chief Justice Davis and the other two by his
associates Justices Brady and Daniels am not ad-
yised what "a the per curtain opinion. l am not
advised whether there "a dissenting opinion or not
am not advised how tar the differs from the
views OF the counsel OF the Cable Company. that 1t
docs differ. possessed OF a rumOr, more or less
reliable, that the court has not felt justified In confirm
ing the report OF its commissioners In ito entirety
think however that the cable railway system, involving
The system Of free TRANSFERS. safe That thought has
got q full, nual and ensotusl lodgmspt In the public
mind The Bsbylonian throne OF tpo horse railroads
'h mot ss On hAi s0' AnaS whether lbs opnioa
OF the General Term be ono way or she othsS ana