New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-07-25
PROPERTY OWNERS WIN.
BROOKLYN ALDERMEN WITHDRAW TROLLEY
FRANCHISES IN CERTAIN STREETS.
JUDGMENT ENTERED IN THE SUIT BROUGHT IN
BEHALF OF JOHN ADAMsON-THE RAIL-
ROAD COMMITTEE ARRAIGNED FOR
ACTING IN VIOLATION OF
THEIR OFFICIAL DUTIES

Mayor Body conferred with his counsel, ex-sec-
rotary Tracy, yesterday regarding the Grand Jury
minutes and presenment with reference TO eXpungihs
them from the records Of the Court OF Sessions but
action taken. The necessary motion may be
made to-day. Ex-sccretary Tracy took the minutes
for careful study. The Mayor called Il special meet
ing Of the Aldermen yesterday afternoon to amend
the resolutions adopted last week granting franchises
for new routes ard extensions OF old ones to the
Broadway Railroad Company, as 10 leave out some
Of the streets where the residents made vigorous pro
test against the running of trolley cars
In order to be prepared to act It necessary for
the Aldermen to rescInd the resolution adopted last
week suspendDg further meetings until september
and this done ut special session held at p. m
An hour later "a regular meeting was held The
Mayor submitted the following message In regard to
the matter he wished attended to
Gentlemen: careful consideration Of the resolutions
passed by your honorable body July H. 1893 granting
Broadway Railway Company the privilege OF using
In this city for the construction and main
tenance Of = surface railway conNnces that public
policy well the interest OF many citizens will be
best served by eliminating from the mentioned in
said resolutions Madlson-s Broadway franklin
ave Greene-aye. Broadway Franklinave. Gates
ave. Frankn-ave. Fulton-st and Lvincston-st.
from Fstbush-aye. to Futons The first three streets
mentioned residential section OF our city
already provided with railway accommodations. The
stueon OF railroad upon these streets would result in
damage to the properyowners in amounts far greater
could be justified by benefits which would accrue
to tho city large. The city would also suffer loss
In taxable property by the Of these streets Tor rail-
purpose sufficient 10 be OF considerable
importance. In regard TO Livngsonst seems TO me
evident surface railway could not be operated on that
street without practical removal OF certain Kinds oil
business being transacted there 1t is true that
Fulton-st oyercrowdei and must at no distant day
have relief could help the situation 10 force
upon Fulton.st. much Of the business "heh - "oN
transacted upon Lvinsston-st. 1t is likely TO come
aifh nv he
Fulton-st. possibly by the widening OF LVihss'oh-st
The city cannot at present assume the expense Oh "ue
ing II seems 10 me. therefore that no rail-
road privilege should he granted on LVingsion'st until
that street is prepared 10 accommodate the business OF
railroad therefore, recommend that your honorable
body amend the said resolutions by excluding there
fom Madison. ST. GIceneave Gates-ave and Livingston
st.. between the points heretofore mentioned
After the message had been read and ordered on
file Chairman McGrath, OF the Railroad Committee
moved TO reconsider the resolutions. The motion
was adopted, and he then moved TO recoihm' the
resolutions with instructions to strike OUT the streets
Is named by the Mayor and substitute for the part
of Greene-ave. from Franhin-ave. to the city line
the part east of broadway only and for the entire
length of Madisonst. the part east OF broadway to
the city line. After recess OF five minutes the
committee presented the amended report ana II was
adopted by vote of 10 TO =.
Judgment was entered yesterday in the suit brought
BY W. j. Gaynor in behalf OF John Adamson, Il tax
Aldermen and the Union Railroad Company, In
which Judge Cullen found in favor of the plaintiff
and annuled the franchise granted by the Aldermen
over the veto OF the Mayor, to the company on the
ground OF fraud In failing to consider the oier OF
$50 900 by the Union Street Railroad Company
The judgment says, after speaking OF the action
OF the Railroad Committee of the Board OF Alder-
men in the matter:
That said committee and the members thereof pur-
posely and bad faith and In order 70 prevent the
consideration Of the said by The Common Council
SO failed to report and the said amendment u
the Common Council The report OF the committee was
sdop.ed by the Board Of Aldermen, which granted the
franthlse the Union Railroad Company The Common
Council disregarded the offer OF $4,000 never set
value on the franchise offered IL for sale or invited
the company offer for it, but wholly ignored
the proposition and offer, and gave away the franchise
without recognizing the proposition and oher ana IN
these respects and its members acted In violation OF
their Official duties. in bad faith and wronguY' Inc
findings further that the Union Railroad Com
py,y made no offer whatever requested con-
dtons 10 be subscribed upon which the rights were
granted The Mayor vetoed the resolutions OF the Board
but the passed over his Veto The action Oh
the committee entertaining the offer and making
repoyt thereon was unlawful and In bad faith and a
breach of official duty. The plaintiff is entitled 10
judgment enonng the defendants and each Of them from
proceedinc further with such illegal action from con-
sructing the Union Railroad and also annullng the
action Of the Common Council and declaring VOID ana
oil no effect the resolution and grant.
An appeal will be taken to the General Term by
the defendants
The service OF the papers In the new suit OF Mr. |
Adamson, on similar grounds, to prevent the CON
summation of the grant of franchise to the Nassau
Electric Company for Union-st, was delayed yester- |
day. as Mr.. GayDor's vacation has begun lie VIII
san for Europe ON "Wednesday. HIS partner H. ~.
morrow.