New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-05-21
ALDERMEN GUILTY or FRA I'D.
IMPORTANT DECISIONS IN BROOKLYN.
JUDGE CULLEN DECLARES THE UNION RAIL
ROAD FRANCHISE VOID.

JUDGE CULLEN DECLARES THE UNION RAIL
ROAD FRANCHISE VOID.
Judge Cullen. of Brooklyn. handed down decisions
Yesterday In TWO important street railroad cases
which argued before him several weeks ago. IN
the suit OF John Adamson TO restrain the Union
Railroad Company from building its road In Union
ST., Broobyn. under the franchise granted by inc
Aldermen over Mayor Boody's veto last summer the
decision was In favor Of the plaintiff. In the suit
of the same plaintiff to restrain the city authorities
from granting franchise To- the Nassau Electric
Railroad Company. covering 80 miles OF street IN
Guiding Unon-st.. the decision was In favor OF the
defendant when the Union Railroad Company made
It's application TO the Aldermen for a franchise the
propcrty owners protested and a rival company was
formed under the name OF the Union Street Railway
Company and an offer Of $4,000 ior the fahcmse
was made The Aldermen rejected this and gave
the franchise to the bther company. When the
Mayor vetoed the resolution the ground that the
city receive no compensation the Aderhien
passed II the yctp.
The suit WAS brought BY W. J. Gaynor In the
name OF Mr. Adanson. IL property owner in Union 81;
to have the consent declared null and void. IL was
alleged that there was corrupt o'llusion on tue
part Of the Aldermen in rejecting the offer by one
company and granting consent to the otner. In WHICH
some Dem ccratlc politicians have deep interest
The Court was asked. should the consent be declared
~.
sum offered by the oher company for the franchise.
The decision of Judge Cullen in declaring the
franchise null and void practically declares the Al
dermen guilty OF fraud and collision In their actioh
as the Railroad Committee failed TO report 10 ''
Board the offer Of $4,000 and 1t declares that this
was done purposcly and In bal faith. In this thc
Aldermen were guilty OF a breach Of duty and trust
In the opinion Judge Cullen says: III must De
borne in mind that under the ruling OF the Court OF
tod I.
should be- shown. II is sufficient II the act Is done
I'm bad faith. Nor Is corruption necessary TO con
stitute fraud II the object Is to favor particular
individual or corporation to the pecunary injury oi
the city that Is fraud. Willie there Is no evidence
Of corruption / am clear that the intention was 10
favor the Union Railroad Company on account oi
the persons Interested in IT, IN the pccuniary injury
OF the city. and that the action WAS hau III o'u
faith. and COllusive.'
In the suit against the Nassau Electric Rairoad
Company an Injunction sought on the grounu
that III. majority Of the property owners on 'i'e
routes askci for had not pettoned ior 'he ro"u
under the law, that proposals had not Deeh h|i"u
and that there no agreement TO carry Pas9c"seiS
far the lowest rate OF fare. Thi, matter came up
recently when the Aldermen rejected an oher D!
IA. Broohlyn City Railroad Company Of Sl3oooo Tor
railroad privileges In certain streets and gr'h''u
those streets 10 the Nassau Company without COM
pen ,aton and at the same time granted certsIn o.na
Street, TO tho former cOmplny without accePuhS an
offer Of $50 900 for them. The Mayor was ap9u'
TO veto the resolutions when the railroad c1hames s
arr,., 70 nay 81. 900 a mile. about S2ooooo Ior
the privileges asked. The suit was begun And , ine
Mayor and the Aldermen were restrained IRON, uoihs
onytGnr save yetoIng or resembling the resolutions
Thrn the Mayor did veto them. A.. .
Jndgc Culicn's decision Is TO the ehect Ina' ..e
provisions Of The city charter do not nave iorce Orc
,,hove line general stnute In the matter, ana thal
the consent Of the Aldermen Is not heqai because
majority Of The property owners did not petition Tor
thc rcad and he dissolveS the Injunction.
4 new application to the Aldermen VIII Oe hlaIe
hv ,he Nassau Company at once. II Is probable
Int II will contain offer OF money Tor the IRAN
ciiSes A contract for/work Is pending, contingent
unou thc consent Of the Aldermen