New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-02-12
RAPID TRANSIT IN COURT.
,pcJ,MENrs PRESENTED AGAINST THE
SI5.Oo0OOO BOND


TENSION OF TINE IF so GREAT AN AMOUNT
OF SECURITY rs TO RE DEMANDED
ALSO ARGUE THAT THE BOND
SHOULD BE MODIFIED
,,s " Shepard and A. n Roarorran coun-
Cor the Rse,.d Transit Commission. appeared
49, .he Appellate Division Of the Supreme Court
s.e-dav 10 move for reargument Of the mo-
~ Gov the confirmation Of the report made by
y, sunreme Court Commissioners fayorins the
..-uction Of the underground railway. George
1ohr,skie ana Cephas Brainerd. jr" appeared to
.,,osent property owners who object TO the con-
.,,on Of the Tunnel There was no argument
= ere case counsel merely submitting briefs
...A were taken by the Court. decision being
withheld.
The arguments contained IN the brief OF Mr.
c..,ard and Mr.. Boardman were outlined In The
~r,hun. OF February :. The brief asks the Court
-. - reouire from the Board a stipulation to
-. amount Of security under section 81 OF the
,s transit act. or. II such stipulation be re-
80 that an extension OF time he granted in
- that the result Of the negotiations now pend
with the Manhattan Elevated Railway Com
nv nav ne reached. II neither Of these requests
W. no sranted the brief asks that the SIS 600, 40
- STIMULATION be modified. 1t is further argued
~, q, the matter OF the stipulation the Court has
- ...ed within its general judicial authority and
=, "a cor.ended that no legislative permission has
-, given 10 the Court 10 take from the Rapid
80. Commission It's discretionary powers to
-, stipulation of the bond to be required The
-. ouotes numerous authorities 20 sustain Its
contentious
THE OPPOSING ARGUMENTS
u..s,s zabriskie and Brainerd in their brief
-:..ose an order Of settlement tina. does not fol-
-. the decision announced by the presiding Jus
49,, The brief says that the Rapid Transit Board
50. h4sn laboring under the delusion that It was
..ssary 20 give bond for $1,000 900. with two
,..f.s who shall Justify in the sum OF 100000
49,. savs the respondent memorandum Is not the
- q being allowable 10 find thirty sureties.
oh O, whom shall justify IN the sum OF 10000
~. respondents argue that the motion for re-
~~nsrt should not be heard until II has been
.sovn that the Rapid Transit Board has maze
.so-o,sh but unavaing efforts 10 make up the
-. ,ror, n number Of individual. or corporations
..,.v,,r IN smaller amounts. The memorandum
r,as AGAINST any reduction OF the bond stipuia-
49,. adding that the bond is the tombstone and
.,s,ls ,hs visionary character Of the tunnel
scheme.
-, Commission said yesterday that he had named
. 49, unon which he Commission could meet
~. s,-Ac,ors Of the Manhattan company FOR con-
.a-s,ca bu, he had vet received no response from
Y, Gould Mr.. OFT said that the conferences
,o,,s be held IN executive session. ana tilat Ho
80. uo,,,a be given out until decision had been
reached - ,, -,
r,hn Sabine Smith Of the three special IN
- commissioners appointed by the supreme
60. ,,adA a motion before the Appellate DiVis-
q, Yesterday afternoon asking that II grant corn
,.-ss,,o, 70 the three commissioners. He asked
- an allowance Of $1,000 each The other COM
,,.,o,a-s are Arthur D Williams and q. W.
yourg Decision was reserved
REAL ESTATE MEN HEARD FROM
r-.,k P Houghton vice-president Of the Real
r...,e BOARD OF Brokers made public yesterday
:, behalf o, the Rapid Transit Committee OF me
p..l Estate Exchange this statement showing the
,o.,,on taken by that committee at It's conference
last week; -, ~, re
-. Committee on Rapid Transit Of the ReaI Is
- EvCbsrga wish TO reafirm the posltoh W
-. hs-Afo.orA repeatedly taken by asserting thal
. q, 49, bsiief that true rapid transit can only pe
.,.s,nsd hv The construction Of four-track uIuf!
s,onnS rslroad and We further Suggest tnat me
- Trsrsi, commissioners give CONSIDERATION
- me immediate necessity OF gran,ng s9'ne W.
S..,h,o,,gN ire existing elevated railroad
favor e-A extension Of the lhlru Avenue i@'
r. Iyttt 70 Bedford Park .,,.to-oi fran
Relating 10 compensation FOR any anoitoiIaa. II eli
rbjses ve feel that the interests OF tne ~
Re safety guarded at the hands OF the Kappa nam
sit Commissioners. .,.- ~ INV
Ne aye totally opposed 20 the ERECTION OF any
eleTSJsd railroad structure on the bouie'a'u Vi
on SCa5Way.