New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-07-27
FLYNN AT LAST VICTOR.
DECISION AS TO THE NASSAU ELECTRIC
RAILROAD CASE REVERSED.
GENERAL TERN OF THE SUPREME COURT in
BROOKLYN oyERrIIRows THE OPINION
OF JUDGE sMIrII-wORK on THE

ROAD TO BE PROSECUTED.
The General Term of the Supreme Court yesterday
handed down an important decision in the so-calied
Nassau Electric Railroad reversing Judge
Smiths decision rendered few weeks ago. III "ne"
ne held that on account of alleged coiiusioh U! III"
"Cold Thirteen combination In the Board OF H'uei-
men OF 1893 the franchise OF the Nassau Electric
Railroad Company null and void Ine decision
was unanimous the part of all the Judges Messrs'
brown Dykman and Pratt who hold that the grant
ing of the franchise legal act holding good IN
law.
The General TERMS decision is on an appeal from
the ruling Of Judge Walter Lloyd Smith. John
Adams0n suing taxpayer of the city OF brook-
lyn the plaintiff. and he charged that the iran
chlses were illegally granted Adamson based his
plea on the fact that the Nassau franchises had
been granted for nothing. while the Union street
Railway Company made an offer of s0cp mile
The Nassau or Flynn roads. however. obtained the
franchise without the necessity OF any such bidding.
Offering instead percentage of their gross earn
lngs The applications Of the companies were made
in May 1898 The brooklyn City Railroad Company
offered $4,000 for the privilege Of occupying certain
streets covered by the Nassau company iran'hses
the Union Company offered s25oov). and the Nassau
people said they were willing 20 pay whatever 'he
Board Of Aldermen should deem proper
on June 49, 1893. the Aldermen gave the brooklyn
City road wha, II asked for. and treated me MAS
sau road even more magnanimously fixing the COM
pensation 10 the city. in return for the occupancy
OF the streets. IT per cent on s2o'~ r'cclp's or
less per mile. . per cent on more than S-no" ana
less than 500 Pc: mile, and per cent on all re-
ceip,s exceeding $1,000 per mile The hahroad
Committee OF the Aldermen threw out the apphca-
ton of the I'nion-st. company on the ground that
as IL did not extend beyond the city limits IL ala
not afford the facilities offered by the nassau
COMPANY. =, <.., -,
For the plaintiff Adamson. Edward NJ. Grout ana
less. Johnson apI cared. The Nassau people were
represent by Joseph H. Chcatc. Emu ioot Jam
g church and John J. Allen. Corpora ton touh-ei
Mcdonald the citys representative, pu, tpoh ,
no active part I'm the litigation. Foster l. baSkus
appearel for ex-M Mayor Body and the hoard oi
Aldormer -, .,.,., s,tl
Edward NJ GrOut. counsel for the p'alntlll' stiu
g. non Informed Of the General Term decision, lih'
tho ease would be taken 20 the Court OF AppeaIs
Tho nractlcal and immediate effect OF IN" de-
cls,on ,l be the pushing forwara OF It's cons.fnc-
,Ior work bv the Nassau COMPANY mere are "a tc
roneved interests behind IL. among other cap',a'ss
heinz Tom l.. Johnson ana Albert Johnson h,s
h-o,ber inc millionaire railmakers OF Cl"velani.
between g cocoon and $3GDN' ii u SAID mas pee..
Tod mn In the road for more than year without
anv
Mr. church. the company lawyer says INA, ., .i'
lin r,nuing from the foot Of Broadway to Cana'sie
g. nrac;icaiiv finished and will be opened at once
The Norcy-ave line from Erondwsy ferry 20
Sheenshead Raw will BE- put In operation neNi week:
Thov are both tve-cent lines. Three gang OF ~
! men are waiting to begin work on =" unhnnlSnt'i
narts of the system. The company oNlclhiS p'.
iieve that the Corporation Counsel VIII permit
the resumption Of work at once