New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-06-08

THE ARCADE RAILWAY IN BROADWAY.
Nex.York. June Z. 1888.
New.York. June 7. 1855.
o. b. POTTER, ESQ,
Chairman Ex. Com. Of Broadway and Madison
Property Owners, 49, a.,

properly owners
Potter Building, n. Y CITY:
In reply s 70 nCs 2, the 10 s Gas ss Ges
have been made Interested parties q the nature and
pse q O ht e the s 81 os seso Aston and
and ~ r. Bailey and others against the New York Arcade
70 embark their funds in ss CONSTRUCTION Of
syes we SUBMIT the following N Di0'd
The suits we're 10Th brought by sbutting property
functions The defendant demured to the complaints seS
s sh uhe eaae 81 asS a hG e u law
mere Simply whether upon the sSa & the
yee asSsa for 70 W.T. 70 restrain the % Tr
held in fsyor Of tae Arcade Company that
were well taken But AZ General Term on the appeps
versd and s three the judges united In holding that
ana oSeued the delsndants demarfers With costs ard
Arcade Company the complaints On payment Of
s :oSs q se IN and
on which BE says was not pfbated ey se hs.
the lawful Of the railway com,
Se o s1T o he ced iH sy The
,5ge maintain and cary on awsy for I'VE sad
tai light or pSyYsss "a no way ncuded
ne fssaa
in g, ne s q me g Ss has S
whether II Is not for that sh9ald nos be con-
raa IA Of III h esa 81 sas snd on
Hd BY h he holds that Ss y hsi No and
therefore the psutrs entitled to their njuncons M
Ts Allegations The eSmpinln,, e., entitled .Ss
but Ss &c sass S.
Ip e Of i 81 H b. q Mr. ne but which
Justice Daniels thinks not presented by the complaints
P5n Of t2cs the only thing that can Be
Term Is that the plaintiff: upon the alterations 81 .heir
to ad Ss eject p s be he 3s
s 70 s "a and ~ Sa he ss Pa
ions prayed FOR by the complaints Cpder snsa Sireun
pTey eOneaSrsd IL BY one or both q
Dc said 70 be Judgment Of the Court But the sa m
UPON what alleged be views Of Mr. Justice Daniels
Arcade Company may proceed with the construction OF It's
aasaants Of Section Of The Ac. Of ssG relating to
certificate OF the Board OF Engineer Commssioners the
Of three million dollars In the treasury OF the company
yus that Mr. Justice Daniels says and the Court holds
that the admitted default in doing these things -
neither he rOr either other Judges anywhere says
p1 o eGn and kat Mr Justice Gaae Intended nothing q
that kind IS sufficiently shown by his refusing 70 1ser,
anything to that elect In the proposed orders ehtereu Oh
T6e counsel the Arcade Company asked that there be
ment Joining the defendant from beginning the con,
sariSt IN o mixing proc, and tanng and F
Of this Court at General Term and The learned Judge re-,
Id the and eba jake Of the current
We afrm, with emphasis that no lawyer can read the
opinion OF Mr. Justice Daniels without seeing that i.
be the Arcade Railway Company has no lawuI
right 10 Construct proposed railway and can never
have such right under OF the legislation by or through
which 10 claims railway powers. -, -. ~
The Judges give opinion except the prlel anu
emphatic that the property owners In both actions VIZ
entitled 10 judgments the peadngs against the Arcade
Company Those Judgments entitle the plaintiffs % enter
for perpetual nlunctlons unless he e-
fondant comes In and the complaints Gt tne
Arcade Company is at liberty also 20 allow the pantns
IN enter 1naI judgments and then bring It's appeal there.
from 20 the Court Of last resort where the validity OF Us
rnrrate existence be determined Within rev weeks
or months Court in cases OF such vast
70 the nubc advance and hear them at once) Inc
Se,snndapt viii do nothing kind but heretofore,
will delay and prevent final hearing as long as prac-
In conclusion repeat opinion IN the soundnes g
=, hich we have entire confidence that the Arcade Rail
NV Company has constitutional or lawful power 70
construct It's proposed railways IN BroadTsy ana Msoson
ave- T0HV = DiIION
| A. p. MAN,
| JOSEPH 5. AUERBACH.