New-York tribune., 1895-12-31
NO TROLLEY FRANCHISES.
APPLICATIONS OF FLYNN. ROsSITER AND
OTHERS DENIED BY THE ALDERMEN.

OTHERS DENIED BY THE ALDERMEN.
THE RAILROAD COMMITTEE REPORTED AGAINST
THE COMPANIES. AND JUDGE GAYNoRs
INJUNCTION WAS NOT NEEDED-p. H.
FLYNN MAKES AN oFFER-LAsT
MEETING OF THE YEAR.
The final meeting OF the Brooklyn Board OF
Aldermen for the year brought out a full attend
ance Of the members. There WELL a large
number of outsiders present as II was known that
the Railroad Committee which has had under con-
sderaton the applications Of the East River and
Atlantic Ocean Railway Company, the Brooklyn
City the Brooklyn Heights. the Brooklyn City
and Eewtown and other railroad companies for
franchises to construct new routes or extensions
Of their lines would report. Most OF the
spectators property-owners on the several
streets for which these franchises were asked.
Before the meeting called TO order II was
known that an injunction had been granted by
Justice Gaynor restraining the Board from grant
ing the franchise asked for by the East River and
Atlantic Ocean Company. and there was general
questioning among the members as to what would
be done in the case, and whether or not other IN
functions restraining the Board from granting
the franchises asked for by the other roads had
been secured. Evidently no plan Of action had
been determined on Wnen tne bOdIu ihet' ioi iii-
mediately after the rollcall Alderman Roeder
moved that the Beard take recess of half an
hour. The resolution was adopted.
When the Board again met Alderman Walkley
moved that the resolution pending before the
Board when 1t adjourned at the last session re-
latng 10 war records be taken up.
Alderman Colson objected. saying that on last
Monday when the question was brought up
quorum was not present The chair ruled that the
point Of order not we'll taken.
Alderman Colson then offered the following
resolution:
Resolved Tha, the report Of the special ,S Co. Con-
nnony taken be transmitted by the clerk OF TINS
Board to the Corporation Counsel; win dreT,9ms h;s
judgment. be necessary against any and ana al s1v nHi
daas who any way 10 or naye reeeveS o
who have assisted any other to obtain or receive eve
any any that the same may be made good repaid to
the city.
The amendment was lost ~ vote OF nine TO
nipe.
The original motion was then adopted oy a
vote Of nine TO eight Those who voted IN
the negative were Colson. Drogge. Dunno. Gull
foye. Hennessy, Leaycraft. McGarry and Roe-
der
Alderman Roeder objected to unanimous con-
sent. and hoped that the man who introduced the
resolution would get enough Of his attempt 10
send honorable men 10 prison.
FOuR-CENT TROLLEY FARE OFFERED.
A nroposit,on was received from P. H. Flynn.
nresident Of the East River and Atlantic Ocean
Railroad Company Offering the part Of the
company TO carry passengers on any or l's
roads for four cents On motion OF Alderman
Coson the communication was referred to the
Railroad Committee.
President Wallace then announced that sum-
mons and complaint had been served upon the
Board restraining them from doing anything
or granting any franchises to the East River and
Atlantic Ocean Railroad Company, which "ouio
be read by the clerk.
Alderman LEIGH moved to dispense with the
reading Of the paper Objection was made by
Alderman Guilfoyle who said he had not seen
copy OF the Injunction. Alderman Colson
also said that he had not seen copy. mo-
ton was made to lay the resolution OF Alder
man LEIGH dispensing with the reading or the
Injunction on the table. This lost, as was
also the motion of Alderman Leich.
ALLEGATIONS IN THE INJUNCTION.
The Injunction was then read. 1t was granted
by Justice Gaynor the application OF Jesse
johnson, representing Ellen j. Smith, prop
erty-owner in Idberty-st Accompanying the
Injunction was order to show cause this
morning why the injunction should not be con-
tinued The plaintiff alleges that the right
10 construct railroad on the streets and ave-
nues named Is worth half million dollars. and
that the construction of railroad in Liberty-st
will be a great injury to her. and that she Will
suffer special damage thereby 1t is also alleged
that the company defendant was formed imme-
diately before 1t applied to the Common Coun-
Gil for the franchise, but long after Chapter o45
Of the Laws of 1895. known as Section SO OF the
Railroad law, amended. and that IT mas
failed to comply with the law as so amended
the Railroad Commissioners never having GER
tilted that the law has been compiled with by
the company; and that. consequently, 1t is pro-
hibted from exercising any OF It's power or
beginning the construction OF Its road, ana no
franchise can be given to II, because II is not
duly Incorporated or authorized. The plaintin,
therefore alleges that the Aldermen are in
competent TO give II any right or franchise to
construct operate railroad on any street
or avenue in the city. The plaintiff alleges that
q hearing on December was not correctly ad-
vertised
was referred TO the Corporation Counsel with in
structions TO take such action In defence OF the
citys interests IS he may deem best.
PASSED OVER THE VETO
Alderman Walsh then offered a motion that
the resolution adopted by the Board on October
49, granting a franchise to the State Electric
Light and Power Company. which was vetoed by
Mayor Schieren on November last. be adopted.
despite the objections Of the Mayor. 1t is this
company which includes among It's incorporators
Jacob /. Cocheu. Lewis X. Flynn. Philip j. Ian
hart, James Niblo William r. Gear and f. G.
Gebhardt which unde-bid the offers made by the
other electric light companies three cents in the
competition for the lighting of the streets There
have been two previous attempts by the Board
10 override the Mayors veto. but the PACKERS OF
the company have heretofore failed to get the
requisite number OF votes. Yesterday the veto
was oyerridden By a vote OF 13 TO 3. Those who
voted against the motion to adopt the resolution
were President Wallace. Aldermen Cary, Walk
ley. Gulfoyle and Hennessy.
A SETBACK FOR GREEDY COMPANIES.