New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-01-23


time the deal had been made. were intrustcd
with tho $40. 900 900 of blanket mortgage bonds
of thc Elevated Company. Mr. Morgan himself
is chairma1 of the Elevated Railroad Committee
that was appointed to negotiate with the kapiu
Transit Commission So, as things stand to-day,
Mr. Morgan. who represents the interest Oh 'he
elevated road il negotiating with his OWN part
ner Mr.. Spencer, for "a public irahchiSe. MI
Inman was on such intimate terms WIN jay
Gould that he had spent good part OF 'he
previous winter with Mr. Gould in tour ol
the South for the benefit Of their own railroad
enterprises Mr.. Bnshe the third appointed
by the DEAL and his sympathy with the pur-
poses of the Manhattan Company is matter OF
general comment
These men constitute a majority Of the Board
with whom Mr.. Morgan and his colleagues nave
been negotiating with such complete satisfaction
to the railroad interests.
An ALARMING FEATURE OF THE DEAL
But this hasty summary Of the deals features
is not yet complete. 4 glance at the men
who are conspicuous in these Rapid Transit meet
ings discloscs the fact that ALL nearly all, arc
closely identified, in one way or another Win
the elevated railroads interests The fact may
NOT influence exNIayor IIewtt's views OF the
matter but his firms connection with the con-
struction of the roads is matter OF history
/ Mr. Dacunnas brother is a salaried expert WHO
tcstiGes as such for the Elevated people But
this is not the main reason WHY properly
owners may have 10 sc"k redress throueh 'hc
courts if they can do nothing with the lnVesu-
eating committee Of the Legislature There was
u consideration for the AssemoiyIh4h anu S~n
atOrs in the deal Of 1890 and III the iater me-
.oiiations, by which the members OF thc l@gls-
aure have received the patronage OF the appoint
mcnts to the elevated railroad forces. JusD 'ils
/ haVn
iourth-cass postmasters: and. furthermore, 'nc
friends of the Tammany legislators have become, az
referees, the trial courts for the .hs
actions against the railroads. This ~ one OF tne
most alarming phases Of the existing sltuatoh
The outcry against the Mcknight bill BY mem
bers Of the bar from one end OF the stare 10 t'ie
other, we'll 80 by the property owners whom 10
was designed 10 affect, leh to i's repeal at tae
following session of the Legislature. This repeal,
the elevated railroads Murphy and Sheehan
did all they could to keep the measure on .iie
statute books, and members of the Assembly who
objected to the will of their constituents to the
repeal Of the bill said openly: Sheehan tells us
that Murphy says to hang up the repeal ana not
/ let it be reported from the committee Never
/ thclcss the repeal was reported and passed Dut
thonch detected the elevated people had not aDan-
,loned the fight by any means; though they could
not get tho cases Of the property owners tricd ne
fore a Jury selected by the obligng MIR. Martin,
they succeeded in getting referees appointed
! friendly to them. Police Commissioner John I.
Shcehan is brother to the Lieutenant-T0ver.
/ a
| generally be considered a practical lawyer, but
! Mr. Sleehan has been appointed referee IN per
haps more cases than any other member OF the
bar. He is prime faVOrlte, IN iac'' WIN ''o
Manhattan people
HIS BOSSES WOULDN'T LET HIM
Daniel F. Martin. Tsmmany member Of the
Assembly has admitted in the pre>enc" Of wit
nesses that he holds. or held, the patronag" Of
appointments on .he elevated railroads. lie has
been appointed to act as referee in these cases.
One Of Mr. Martins property owning constituents
lcproacled him for not helping them against the
elevated roads; Mr.. Martin is quoted as saying
that he would like to help them, but his bosses
would not permit him to do So. wright Iol-
comb another eX-member OF Assembly lam
many, is Mr. Martins partner Bnd y also pdthy rede[e
Iammany Democrat. Another referee Is John
Fox who was in the Legislature when Tweed ana
Gould acted in harmony. The late weli-Snown
Hoc,or Shinn was lis brOther-in-l1w. Jhe DOCTOR
was the elevated comGnys agent for settling acci-
dent cases and was also called in occasionly az an
expert for tie company. Ono OF toX DECISIONS on
rdiudged by the Supreme Court as grossly
wrong" Honorable judges Of property in the the sam,
| neehborh0od had given from SlO,OoO 10 S2o,ooo
in cases similar to the one where FOX allowed siN
It is only fair to say that as a rule the, city
indiciary has resisted the Establishments OF the
elevated railroads, but when udge cones up dUt ,"t
reelection sometimes his knees give ou'
under him. In 1890 a judicial appolntment wac
| made by Hill II was in 1890 that the deal WIN
Murphy was made. The Judge thus appointed
| az his first act dismissed % case against the eie'
vated roads Similar actions since then nave
| caused u good deal Of surprise. In tho NoVeDiuc,
General Term theie were eight Appeals IN eeVateo
actions the Judge in question wrote the opinions
in all of these appeals a very unusual proceedinG
in view of the fact that he was not the chie'
Judge Six OF the opinions were rcversals nh an
othcr iudge. who appointed Mr. Pomeroy and Mr.
Fox referees was reported to have spent sun,
day M recently at Richield Springs with ,i Edwara
frAl-Ar Ar
Murphy. ir, and Richard Jroker NV r1n,,US I'd ,,hc
nccording 70 sworn testimony of the elevated
counsel, was hired by them to try BrooK'yn cases
for the elevated road. Mr. Pomeroy, ac,ing "a ~
las given in several cases property-o"hers SIN
cents or nothing. There is a motion pending IN
the Superior Court by Canon canon ana A'"a'er' u IT,
"''r The Superior Court Judges have refused to ap
point any but irst-caSs men as relere,s 30 MY, WE
two of the Common Pleas judges. Most OF tht
supreme Court judges have refused to appoin'
any referees or have appointed only those VIZ
we're entirely unobiectionable, such men as lorln
ery filled these positions as for example, 'troVel
cleveland Charles ". Morgan, Ghararii DAVIS
Wilbur I.arrcmore, Hamilton Odell, william Henry
! Willis or David Mcclure. - -.
The United States Courts and the state tcuft!
have held that property-owners are entitled t'
their DAMAGES, and the dccis sons on similar prop
crtv in the same neighborhoods nave Deeh 81
distinctly established. Yet some OF these lam
many referees, after harassing these property
owrars for long periods, without any result 10 10
their victims except heavy Dls LOT th'
referees either gave next 70 nothing or abso
inteIv nothing to the property y-owners; To many
property the claim against tue eleva,s'
railroad mcn means the practical value OF i th
nvonertv the substantial difference between tn
total cost of the property and the mortgage on IT
Icncc the far-reachng consequences Of the dea
Of 1890 affecting, as it does the interests OF apou
| o 600 property-owners Of this city; large mum
| L,r of thc:e propcrty-owners are themselves Tam
many men. The bosses are not only putting ' Il;
most Jono,roi,s enemies but in some eases the
are allowing their own lambs to be shorn as well
PROPHECY THAT HAS COME TRUE.
About year ago the Afuswumps assembled a
the Commonwealth Club to hold gloriilcatio
, over MAYOR Grants new ana improved Rapl
Transit Commission. Many scientific gentlemc
and .nn,e others told OF the glorious things to b