New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-01-24
CASET BE APPEALED
ACTING CORPORATION COUNSEL i'hNr"
INTIMATES THAT THY CITY MAY BIZ
PARTY TO THE SUIT.

Tho decision OF the Appellate Division OF the gu
preme Court affirming with mobilization me pre-
liminary injunction restraining the Ihiro Avenue
Railroad Company from constructing us hlhsS
bridge extension above the junction or Aniserdd'h-
ave and One -hundred-a nd sixty-second-st. mas
created something of a sensation in railroad ana
legal circles There WAS long contest IN the
Board of Aldermen the franchise. between the
| Third Avenue Railroad Company and its rival, the
Metropolltan Traction Company. before tho victory
was won by the former corporation. Then, when
Controller Fitch came to sell the franchise. 1t was
nor knocked down TO the company until II bih 5?'2
per cent Of the annual receipts accrung from
tho franchise to be paid into the city treasury.
Since then tho successful bidder has expended
g 10000 on the extension. This decision or the
Appellate Division OF the Supreme Court goes so
deeply into the question OF the validity OF the
franchise that II IS likely to be carried to the court
Of Appeals.
Acting CORPORATION Counsel William l.. Turner
said yesterday. In answer 10 questions relating 10
the possible action tho part OF the city in the
matter. that the questions raised I'm the decision
Effected so largely the validity Of the franchise that
it was natural to expect that the issue would go TO
the highest court for final Adjudication Under
these circumstances" said Mr.. Turner. 81 do not
think that the law officer of the city ought to ex-
press any opinion Of the at tho present stage.
The city WAS not party to the suit. and 1t Is
possible that II cannot be taken TO the Court Of APP
poals In its present. shape But there are now be-
fore Justice Smyth two cases In which the validity
Of the Third Avenue Companys charter Is involved
in which the city Is a party 1t IL therefore prob
able that the questions at Issue may reach the
Court OF Appeals in such way as to require the
appearance of the Corporation Counsel.
The city's interests. in the present view OF the
case lie in the direction of upholdng the validity Of
the charter The large percentage which the cor
poraon bid for the franchise should be secured. If
possible. to the city treasury. cannot say how
soon the questions raised can he brought before the
action OF the Third Avenue Railroad Company
Blu, II will take nj least two months. should say.
state"
Officials Of the Third Avenue Railroad Company
said Yesterday that the decision Of the court need
not be considered serious setback for the COM
pany; we are going right ahead with the work
I'm the Kingsbrdee Road" said Vice. President
Henry Hart yesterday when he was seen by Trib-
une reporter at the companys offices at Sixty fifth
underground 'roIcy all the way to Kingsbridge
building the railroad for a distance OF $50 feet In
front OF the property Of the woman who brought
property while we are waiting TO overcome the in
Will tho case be carried to the Court Of APP
Perhaps that will not be necessary" he replied
There may be n trial Of the suit first"
Docs the company take risk in building the
road when tho decision OF the court raises 1ues-
tion as to the validity OF the franchise obtained
"oh. well take the risk. We have spent half n
HllilOn already. ana we might as well spend a
million n the franchise obtained from tho
Board OF Aldermen is worthless. then the franchises
for the Lexingon-ave line, the Lenox-ave line and
several other lines i'm the city worthless. al
though the cars have been running on those lines a
long time"
Edward Lauterhach. the counsel for the railroad
company. said yesterday that there fear
that the franchise obtained for the Kingsbridec
Road extension would be set aside. The original
suit brought by Mrs. Catherine Beekman will be
brought 10 trial and all the facts hearing alleged
will EXPECT Ie dec,san out eve he
Is necessary to carry the to the Court OF APP
peals