The sun. [volume] (New York [N.Y.]) 1833-1916, 1894-01-13
NO CR0SS-TOWN ELEVATED.
a BLACK ERE FoR THE EAST RIpER
BRIDGE COMP4NY,s PRUJECE

TIE General Term Refuses 60 Caparrr the
Favorable Report OF it- commissions.
ers-,IudEe FoIi.tr- Dis.eutIne oriuior.
The General Term Of tho Supreme Court has
refused to confirm the report OF the Commits
sioners appointed TO take testimony as to the
right OF the Fast River Bridge Company to
construct an elevated railroad in connection
with its proposed two bridges across the East
River.
The company was organized with a capital
OF $4,000 600, which was atterward reduced
TO S2.OOuO0O Frederick Uhlmann is now
President The company Intended TO con-
struct q cross.town elevated railroad in con-
nection with lite bridges. tho New York termi-
mails OF which wore to be at Rivington street
and ut Jackson and SCANNED streets The
cross-town road was to go across blorks to tho
Bowery. to Spring street. and along Spring to
West street. The consent Of the local author.
tiles was obtained. but the property owners
declined to give their consent Commission
ers were then applied for. aud the supreme
Court appointed A. II. Joline. Samuel w. Mil
bank, and Thomas l.. James 10 take testimony
and report whether the proposed road should
be constructed. They reported in faver OF the
enterprise
Judge Van Drunt writes the opinion refusing
TO confirm this report. lie refers at the bogin-
the dignity OF the determination OF the Com
missioners set up by the counsel for the mo.
ton. and their contention. citing decisions %
the Court OF Appeals. thnt in the absence OF
proof OF fraud or mistake the Court would not
review such decisions. Justice Van Brunt says:
1T Ia difficult TO see whore the Court OF
Appeals has authority or jurisdiction to inter-
fere with the question rs to whether the bene-
hts arising IRON tho conjunction OF an ole
waited railroad are 10 couuterbalance any dam
s,so wni s will be- dong to tr'y,tf InisrVs,.
nE mi hat hn al
this matter Of construction finally rests with
H. and II is to deternliuc, when the property
facts before the Commissioners AMI those OF
which they mny take judicial notice. whether
railway notwithstandi ding tho objections OF the
persons who would DO inIuIiods'y Affected
The company had the right by statute tn re-
duce its capital stock, ana I'D 40 from s2o.OOO.-
paid in Judge Van brunt SAYS that 1t is not
at all certain that the company may not
further reduce its capital anu therefore, he
decides thnt the company has not suliicisLt
means to finish the undertaking. the estimated
cost OF " hich will be $500, 0.OOn They would
be unable to rvsuond to the claims OF property
owners. Justice Van Irunt then continues:
But even the peculiar character OF the or
eanization which r. seeking to exercise these
extraordinary privileges docs hot seem tn he
the strongest object on against the granting
under the Guise OF approach' to the fridge
across the East River to build an elevated
one OF its streets from tho Bowery to West
street. and then going down West to Des-
brosses street. where terminal station was to
The Court thinks that the position OF the OPP
posing counsel. that 1t would be impolitic for
the city to afford facilities to get beyond its
boundaries. not well taken. because clerks and
others can procure homes more eheaplY with.
toward building the bridge. and that Il the
s9pssy snoal not Satq p the
PEELED to build the bridge thereafter. Tn:
Value to the t ao' us
blockading OF its streets and Interfering with
1t is a matter OF public knowledge. goes on the
opinion. that committee is now engaged In
question Of greatest i'm portance to the m anioi-
pailty Is that the right Of the applicant to the
Ss Ss e
transit lengthwise Of the island other than
SniiaIRr Of hi. road snd ts oscupssion o, the
streets might prove seriously embarrassing to
the plans OF the Com mission.
Justice Follett dissents and says that to 70.
ouire corporations such as this to show that
they have sufficient moneys to meet all emer-
not necessary. Ali that is required is sum
SUFFICIENT to show that the application is % ads
Interfere in any way with the existing railroad
system. He questions whistler property own:
existing roads or whether the courts may con-
slider the questions
that this Judgment is a dan Eerous president,
and denies the right to construct new elevated
roads" .....
It was this company md the men interested
In II, including Adolph Ladenburg and Brew
ers RUPERT, Schaefer and Be.nhsi9er. who
Bushe plan OF rapId transit extension BY
eleynted r. roads. This was told to t TIE
ward Lauterbach last "Wednesday. At
that meeting Mr.. LautsrDHch described
from almost nothing until It rsmifss all over
Brooklyn. and then he told about the two
that was to be built In connection with thsm.
He admitted that they hadn't got the right 10
favorable decision from the courts Naa AZ