The sun. [volume] (New York [N.Y.]) 1833-1916, 1894-09-23
FERRY SALE ENJ0INED.
JUDGE CLUTE OF ALBANY hP-
PE4LED TO WITH SUCCESS.

PEA LED TO WITH
His Order. Dated Yesterday. Served on Mr..
Bisndy Before 10 O'clock In the Morn
ing-toi. Denni-on'- Quick Work-The
sale Was to Have Seen Made Yesterday.
"This case is n scandal and n parody on JUS
tice," said Assistant Corporation Counsel Blandy
after receiving. Mt % 80 o'clock yesterday morn
ing, an injunction issued by Judge Cute, County
Judge OF Albany. dated the same day. against
the sale OF the Staten Island Ferry franchise.
watch wns fixed for IL O'Clock. The injunction
was the only successful effort in a great amount
OF hustling made in the previous twenty-four
hours to stop the sale.
The remark OF Mr.. Blandy did not refer alone
/, the injunction OF Judge Clute, but to the
W lole mass Of legal proceedings which have
kept the city from selling this franchise since
May 10, 1893. the date originally set for the
sale, and which has left the Staten Island Ferry
Company and the Staten Island Rapid Transit
Company to the free use Of this ferry without
return to the city since the expiration Of the old
lease, on June 1, 1893. There have been twelve
aijournments of the sale OF that ferry, and also
Of the Bay Ridge Ferry. since May, 1893, as the
result Of this litigation. Everything seemed
ready at last for the sale when the courts adj
journed on Friday. The sale of the Bay Ridge
Ferry was still tied up, so 1t was determined to
dispose first Of the Staten Island Ferry. Justice
Barrett OF the Supreme Court, at the instance Of
the Sea Beach Railroad. enjoined the sale OF the
Bay Ridge Ferry about three months ago, that
being the last injunction against IL, and the
hearing on the motion to make that injunction
permanent will not be argued until Sept. 81.
AL that Is necessary TO tie the hands of the
municipality on such a sale is for any taxpayer
who has paid 81. 900 or more in taxes for the
past year to apply for an Injunction. Two such
taxpayers arose several months ago. George S.
Robinson OF this city, who, the city's
sssHssl Island SAY has s.s no t sRs fins. interests ts soS Sn
Many residents OF the island whose cause
T. ehanpioned by Lawyer George NJ
fares through the middle OF the island is too
high; They say that = man can go from -;
for Ave cents, whereas he would have TO pay
about sixty cents for a less distance on the fine
wanted the Rapid Transit Railroad brought to
terms by the opposition To the sale,
in that suit was that the Sinking Fund COM
missioners had imposed terms to the sale which
Rapid Transit. Railroad Company from bidding.
The successful bidder was TO pay o per cent. OF
III, he E rsssG TsGsip,s no e. he Ron city; 6 arySsd PinnsSy &:
railroad by selling through tickets over the road
and ferry could so arrange the rate Of ferriage
"a the cost OF the ticket would be mainly made
. railroad-fsre charge. The injunction obtained
Judge Bischof in the Court OF Common Pleas,
and on Friday he moved in a long argument for
from the order OF Judge Bisehof. Judge
Bischon denied the motion for the stay, saying
was was en nfIiedO By sS sGSse SSs ahy Bringing 6Sii n NJ S an acton GS
TO set the sale aside,
Peter Wilkens, another taxpayer. brought an
eiiy's revenues were jeoParded by the sale to his
i beSiTSd as M + 'WSf iISSss. Who Il Was Sses sn nst sDSa. that ss
have any Interests on Staten Island, was John
II. Stsrin, who operated this, ferry until. 1883.
lie had built ferry houses and boats for the SER
vice, The terms OF sale to the present company
made no provision Tor the purchase of his ferry
own structures and boats and secured a contract
from the city by, which it was agreed that II
ton Of their lease obtain the franchise, the
city would see that the company was paid for
sloners therefore made a condition Of the sale
mat the bidder should pay the staten Island
w VASE sa Ept 20 be- about si $50 600 f0 less ssI than RlSh The " aostl
In the Wilkens suit the main, point was that tho
city had no power TO make this contract or i'm
lion which Wiikens obtained several months
ago was dissolved by Judge Bischon, and ON
stay pending an appeal from the oTdsp. Tie
say was denied: No charge OF bad faith against
the municipal officers was made In either suit.
So G3L John a DennisOn, whO appeared for
MnAens on Friday, shortened the argument
town enssgsmsnt. Mir. BlaaSd I've t hsa sh O some-
thing was in the wind, but he had taken tho
RreosStl2n some time before 70 notify the At
- ~ -NA1 " no AAA0A0
Tor Leave % bring an action IN the name Of tho
people % the state he would like to be heard.
SleAhW lille Lawyer Pinney produced another
taxpayer ln the person Of ]. HobeFt Herrick, and
Lawrence with a new case on the Old prounds
anu asked Tor an Injunction against The sale
AFTER hearing from MIR. Blandy OF the denial OF
the sIaysan hour befOrei In the Court of Common
Pleas, Justice Lawrence refused u grant an in-
junction. Al 10 O'Clock on FRIDAY nIgLt Nh.
Pinney, with Mr.. Blandy at his heels, appearei
81 the house of Justice Lawrence and got Der-
mission 20 make the same motion in the HeFrick
case In the Court OF Common Pleas.
As soon as Judge BischOf reached the Court
PinneY and Blandy were before him on ne
same motion for HeTTick. Judge BischOff again
refused TO interfere with the sale. Mr., BlandV
thereup0n sent word for the sale TO proceed and
feturned 70 his ONCE, where be opened his eyes
In wonder when he received the legal documsnt
OF Judge Clute. He Immediately sent word mar
the sale must be adjourned. Col. Dennison hai
been lost sight OF all this time. IL appeared that
when ne left the Court OF Common Pleas on
nday Afternoon he took Immediately a train
general 20 bring an action In the name OF tie
Rsopis OF the state 70 prevent the sale. An in
Junction then had to be procured, although IL
must nave been near midnight when he got Tie
consent OF the AttorneY-GeneraL
ms AinaaEit on which Judge Clute was asked
cute on sept. q, and II must have been sworn
y htsr midnight The Injunction was also
3eteu sept *. There are two trains from Az
pehy mat would bring Col. Dennison here in
isaSss ,l Albany saS s ssF fs5 q ne ihi0HStio2i one
$3.50 A. NJ. The injunction OF Judge CLUE -
the sIsement Ior = permanent Injunction down
~ oepG q, before the supreme Court Judge
Attlhg az N In thig City.
NAAdS went before Justice Lawrence Nd