New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-04-29
GAYNOR'S DECISION REVERSED
1ru1.MANN FRANCHISE MAY BE Pun
CHASED
.r,o> or THE APPELLATE DIVISION OF THE
SUPREME COURT IN THE NATTER OF THE
EAST RIVER BRIDGE. DIssoLvING THE
INJUNCTION OBTAINED by

EAST RIVER BRIDGE. DIssoLVlNG THE
INJUNCTION OBTAINED DY
W. GORDON.
The Appellate Division of the supreme Coui'
handed down a decision yesterday Unanimously
reversing Justice Gaynors decision in the matter
If the East River Bridge and dissovng the In
junction obtained by William Gordon, suing as
a taxpayer restraining the Commissioners from
CARRYING out their contract for the purchase OF
the Uhlmann franchise This decision cannot
be appealed from on the points argued pefore
the Appellate Court Two opinions were writ
ten, the principal one being by Justice Brown
presiding. Justice Bartlett writes an OPINION DIS
he dissents in a minor point.
Justice Brown says:
plaintiff as taxpayer against the Mayors and Con;
the city of New-York the Commissioners aPppointed
under and pursuant to chapter 49, Laws Oh 1870 iUs
East River between the said cities; the East River
Bridge Company and the % ky acton is to OBJ
tain Judgment annulling certain contract, where
e eS said by SAID bridge
struct bridge across said river from point at 0 or
Snsey IN a laf Ct the city
NewYork and to restrain said Tomm nrSar sp
pealed from restraints the carrying out OF said con-
but h s" Sou s o have 70 the
Whenever they cause to be stricken from said con-
tract the provision therein contained when Is as
1T expressly understood and IA aJETsed q be- E.
BY the parties Of ,t the Srns pa a Eas e
Laws of 1896 shall among other features contain the
ropoad tracks for io the use excsSe Of
| railroads with gradients 10 be determined by par
1lgs G and Consistent with the motive
shall be IN use for su n bat soS bdrs shall
have suitable and ample terminal facilities for such
ass 9es ID. Slass s The sSe
shall be laid out and not established BY the parties
when such agreement shall be modified go that i
viii therefrSm thst The part OF the eons sn
the purchase OF the right to go on the space re-
served for second bridge which said company ~ ps
abated and deducted from the consideration named
! In the contract
WHEN INCORPORATED.
To a proper understanding OF the second condition
upon which the said Commissioners were permitted
TO Apply TO the 10 have said order vacated. IL
Is necessary 10 state that said bridge company was
incorporated by chapter l0i Of the Laws Of 1892 and
! by said act required. under the conditions ana
within the time therein stated. TO construct, main
tain and operate bridge between the points above
named and was also authorized ana brds 90
between said cities. commencing at p3Nt WITHIN
the eity OF brooklyn and between Brldge-s the
west and LItte-st on the east IN said city; ana
a point between Jackson and SCANNED s,s. In the
city OF NewYork: thence 1orthwestwardIy IL, to
tween Delaney and Riyingon SITS. in junction with
For convenience OF reference these two bridges
may be designated as bridge No and bridge No
annu,led the Commissioners agreed to purchase ana
sad agreed to sell spa % to d cSm
e III" lights and rs Of ss sae cGdmP ng anG
road across said bridge. and also all rights. and
! or its approaches or appurtenances north OF the
house line on the north side OF Grand-st. In the city
any part Of f It's br3se no or the
nances or approachss thereto north OF the southery
| OF the bridge to be constructed by the Commits
| by the act under which the said Commissioners
appointed they were directed as soon as posi-
s",p pc bridge rom at or near the Zoo; Of
m a Gy OF c Of 70 a or near to- he ne
should seem best TO carry out the provisions OF the
adoption OF said pans were directed to proceed to
construct said bridge and the approaches and APP
pie power carry ont the provisions OF the law by
entering into contracts acquiring TITLE TO The neces
condemnation and to take possession thereof In the
Was made in said act for the issue Of bonds Of said
cities 10 raise money 10 meet the expenses so author
lzcd by section OF said act IT was provided as fol-
Section 5.-If any CORPORATION shall possess a
valid charter. with authority 10 construct bridge
such as il contemplated by the provisions OF this
act. said Commissioners may. II they so determine
spectivc cities. purchase said charter and all the
rights and powers granted thereby from the corpor-
10 the bridge authorized by the act price TO be
any aa Of saS Go G5
| operate any railroad across said bridge. And any
same at such a price It's directors may by a vote
Of a majority OF them assent to, and upon such pur
chase said cities shall be vested with all the rights
| powers and privileges OF such corporation"
CONTRACT ENTERED INTO
Under and pursuant to the power delegated in
this section Of the act the contract In question was
entered into.
The plaintiff seeks to have the contract annulled
the ground % that II Is Illegal; (2) that It was
entered into frauduent.y and with the intent the
part OF SAID commissioners and said bridge com
yn out Of large sums OF money and important and
valuable rights and franchises; go that IT eonstl-
that an exclusive TiSh was therein granted to the
operate a double line OF railroad tracks upon said
bridge together with terminal facilities and grade
right possessed BY the bridge company and Which h Il
agreed to transfer and convey to the commissioners
These Allegations will be considered In the order
!. The legality OF the purchase OF the charter OF
the bridge company and all the rights and powers
operate SrldfS he Fast River open
ss~sa ns %ss 'his s ss
same by the bridge company Is specifically dele
Ths on TIC 'S Ss'a haze sSs
exercise OF the power TO purchase Is that the prop
| erty and rights purchased shall relate to the bridge
| to DO constructed by the commissioners and that
the purchase shall have the express consent OF the
Mayors and Controllers OF the respective cities
Both Of these conditions are compiled with In the
| contract entered into Neither Is there any Ques-
ton to the Legality OF the clause In the contract
In reference 70 the construction Of two separate
clusively OF elevated railroads.. treating this ques-
ton solely one OF the powers OF the commission
| to contract
The learned Judge who heard the case at Special
Term treated this clause as one granting the use OF
| exclusively e.evatel railroads
or to be owned or controlled by the bridge COM
pany. or In which 1t might have an Interest. That
| H. LrlL carr hna h. "a