New-York tribune., 1896-07-28
BOTH LAWYERS WERE GLAD.
THE DENIAL OF A MOTION RELIEVED
THEM FROM TEDIOUS ARGUMENTS.

ACTION TO PREVENT TRACKS BEING LAID on THE
BRIDGE PLAZA IN LrBERTY-sT ENDED
BECAUSE 1T WAS PREMATURE.
Two learned and dignfed lawyers in the su-
prerne Court yesterday. before Justice Clement ex-
hibited the delight OF schoolboys at release from
school when. through a technicality. long ana
tedious motion which they had expected 10 argue
was denied and they were free TO so from a not
and stufYy courtroom The motion was the apph-
cation Of Arthur j. Hughes taxpayer 10 con-
tnue pendente lite Injunction restraining the
trustees OF the Brooklyn Bridge from permitting
the Brooklyn Heights Railroad Company to use
the Bridge Plaza in Liberty-st. TO lay tracks upon
Mr. Hughes is supposed represent the Nassau
Electric Railroad Company, although he sues as
taxpayer On a report OF Chief Engineer Mar'iH
OF the Bridge a resolution IS pending before the
trustees TO authorize the Heights company 10 run
tracks down Liberty-st to Sands-st., and to skirt
a platform for i2O feet. returning In loop TO ui-
,on-st. Mr. Hughes says that as this property
cost the city about 100000 IT would be fraud on
the taxpayers 70 II for railroad purposes When
Mayor Wurster proposed his overhead plan some
months ago Mr.. Hughes objected to that and
brought suit 10 restrain the trustees OF the Bridge
from putting any structure on the Plaza tenn
porary injunction was granted. and tho action has
not yet been tried
When the case was called yesterday General
jerks who appeared for Hughes. stated the facts
in the case and James c. Bergen. fer the Bridge
trustees rose 20 reply He remarked that the afti-
do Wit Of plaintiff made on Information and
belief and seemed be taken from Information
learned from the newspapers. II was true that
resolution had been presented TO the trustees out
4, had not been acted yet.
Then the motion is premature is II not?' asked
Justice Clement.
1T is Your Honor" said Mr. Bergen. ''and II
you are willing TO deny 1t on that ground, VIII
not say another word"
Justice Clement turned to General jerks, who
said that the reason the application had been
made thus early that II It delayed until
after the passage OF tho resolution the tracks
might be down.
Your Honor knows" continued Mr. jerks. that
II alton gets structure In the streets
II comes up"
Il do not know It," replied Justice Clement.
smiling but | have heard Nevertheless. in the
present case II will take at least two weeks 70
lay the tracks. and you will have plenty OF time
In which 10 move. I think your motion is prerna-
turs
Mr. jerks said that Il Mr Bergen would stipulate
70 give him a reasonable time In which 70 make his
application. II he would say that no tracks
would be laid a Sunday. he would consent that
the motion should be denied. Mr. Bergen smiled
and said he should do such thng.
IT makes difference" said Justice Clement.
You DO need stipulation. | think the motion
IL premature. and will deny Il on that ground"
Good morning. Almet." said Mr.. Bergen, rather
ing up his papers and turning to General jerks.
Mr. Jenks's brow wrinkl-d for moment and
then suddenly cleared. Grasping the hand OF
his brother lawyer. he shook II heartily and mur-
muring: This lets out too he linked his
arm with Mr.. Bergen and they went out or court.