New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-05-20

DECISION OF JUSTICE CLEMENT CONTINU-
ING AN INJUNCTION.
HE IS OF THE OPINION THAT THE PLAZA, BY
THE ACT OF 1891. WAS INTENDED TO BE
PUBLIC SQUARE AND PART OF
- THE AVENUE OF APPROACH
TO THE BRIDGE.


TO THE BRIDGE.
decision was handed down yesterday by
Justice Clement, Of the Supreme Court, which
defeats for the time at least. the attempt OF the
trolley companies to get possession Of the plaza
of the Brooklyn Bridge The trustees or the
Bridge passed a resolution by which they were
to permit the Brooklyn Heights Railroad Com
pany to put tracks on the plaza and then rent
them from the Bridge for $4,000 year Arthur
j. Highes. as a taxpayer, obtained temporary
injunction restraining the trustees from allowing
this resolution to go into effect. and Justice
Clement has continued the Injunction pending
the trial Of the action. He says in his opinon
The plan 2,lSs purports to be drawn a scale Of
forty feet 10 an nch and II the scale is correct the
platform proposed to be located on the plaza will be
l20 feet long and about eighteen feet In width. BY
the scale. Lberyst the same plan Is only forty
I'VE ieet Wee ' o0 b 10 hn it's Width
eighty feet The plan also calls for gallery run,
ming from the Bridge to and over the platform and
The plaintiff. taxpayer, has moved to continue ,S
trustees from carrying out the resolutions above set
trustees under Chapter Is Of the Laws Of 1891
qTre and d hold for the Giles Of SewYork and
Brooklyn as much real estate as should be neces-
sary TO improve the technical facilities OF the Bridge
for. The cost OF the land SO acquired BY section =
iN'N
and Brooklyn jointly. Brooklyn was to pay two
thirds OF the cost. and the city OF New-York one
acquire the plaza lands and such real estate as
might be neeessaTy to open an Avenue Of aPpr9aG
be made part OF such avenue Of approach The
now known as Lberty-st was to be paid by he city
OF Brooklyn. and by the terms OF the act the and
taken was TO be held by the trustees OF the city OF
Brooklyn. 1t s very evident that lands acquired for
terminal facilities and for structures, and which
used FOR Bridge purposes and structures. while the
lands acquired for the plaza and the new berty-st
the Bridge. The city OF NewYork has paid one
hand. the entire cost OF the plaza. an open public
avenue running thereto was paid by the city OF
Brooklyn NewYork City as part owner Of the
Bridge derived no benefit therefrom.
OF the opinion that the plaza. by the act OF
1891. intended to he a public square and part
conclusion Of James G. Carter In his opinion fur
nished to the trustees to their powers over the
can be no doubt that as no structure was to be put
upon H. It could be made useful only avenue or
purpose FOR which 10 WAS Intended" BY section OF
the act 1t provided thar the trustees should open
which would INCLUDE the plaza. Ii follows that the
authorities In control cannot erect or permit to be
which will Interfere with the free use by the pub
lie OF the surface Of the PIAZZA or OF Libery-s The
and Of the plaza. have greater power than Is pos
scssed bv the Common Council over streets and
Is well settled. and the authorities IN control OF any
street have power to license the erection OF a
structure thereon which would be nuisance. II not
authorized by law am Also OF the opinion that the
gallery stairs and platform II erected "a proposed
would be a part OF the terminal station, and are
therefore. not permitted by the act Of 1881.
In view OF my conclusions Il becomes unnecessary
to consider the other questions raised this motion
! have not passed the question whether railroad
tracks be authorized by the trustees on the plaza
or Llbcrty-st.
The motion TO continue the Injunction Is granted
with SO costs. order to be settled on two days
notice.