The sun., 1897-12-09
nnooHLrx rrAxoHrsr rAro1E
Aider"aHio Grsrts is vioiaiisn or New Char
ter. Says Ex-sepstsr Hni.

ter. Says Ex-sepatsr MN.
Iho question OF continuing the injunctions
restraining the brooklyn Board of Aldermen
from passing over Mayor wurster expected
veto franchise to tho East River and Atlantic
ocean haiiroad Company for tho use Of about
twehty'nvo milos Of streets was argued before
Justice Van Wyck in tho Supreme Court In
brooklyn yesterday. Among tho lawyers who
appeared In tho proceedings were former
United States Senator David II. Hill, former
justice Clement, former Assistant District
Attorney Frederick L. Crane, Assistant Dis
trict Attorney John NJ. Ward, Corporation
Counsel Joseph A. Burr, Luke ID. StAplcton,
james c. Church. Col. Albert E. Lamb. and
James w. Gerard. Patrick II. Flynn, the pro-
moter of tho railroad company. sat beside Mr..
Church.
Justice Van wyck granted temporary In
functions restraining Mayor Wurster from ap,
proving the Aldermanic grants, and also re-
straining tho Aldermen from passing the fran
chise over the Mayors expected veto. 1njunc-
uons wero also granted holding up the fran
chlscs applied for by the Flatbush Gas Light
Company and tho Municipal Electric Light
Company. Mr. Gerard said that the fran
cnises were granted in violation OF section 73
Of the new charter. which limited the life Of
Frederick f. Crane said that in granting the
franchise to the railroad company the Alder
men nad given away the right to use Leonard
street, which was expressly exempted by stat
ute. He said that this street had recently been
asphalted at q cost of $4,000, and that tho
sents for the railroad as the Jaw necesstated.
Corporation Counsel Burr, who appeared for
Mayor Wurster. said that Mayor Wurster feels
1t to be his duty to veto the resoutions.
"He makes no charges or insnuations of
fraud, corruption, or improper motives against
tho Aldermen said Mr. Burr. He believes
they have done.an illegal act, although possibly
they were innocent In doing So
James c. Church. who appeared for the com
pany, contended tnat the power Of tho Alder.
mon to grant franchises was not limited until
the new charter goes into effect on Jan. next.
He held that even II section - applied to the
municipalities which are to become part Of the
greater city on Jan. /.
Former Senator David B. Hill, in opposing
the grants, said that under. the new charter
the action OF the Aldermen was y-oid in granting
a franchise In perpetnity. as the new charter
was in reality in operation after tho date of Its
approval. He said that II the franchise was al
lowed to stand. 1t meant that twenty. five miles
OF streets which the greater city of Now York
was entitled to would belong to a private cor
poration The charter, he said. was very plain
In Its language. and meant that after the char
ter was approved no franchise could be granted
of the present Aldermen were simply suspend
ed in this respect until the organization OF tho
Municipal Assembly. He also argued that un-
der the new charter no franchises could bo
granted unless the Board of Estimate and Ap-
portionment had given Its permission.
Tho hearing was adjourned until Saturday
next, when briefs are to DO submitted.