New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-04-08
BROOKLYN NEWS.
VACATED THE INJUNCTION
P. H. FLYNN LOSES A POINT IN IhE
NASSAU RAILROAD FIGHT.
PROMINENT COUNSEL ARGUE THE CASE BEFORE
JUSTICE DIcKEY-sTATEMENTs AS TO Ho"
THE LEASE TO THE RAPID TRAN
SIT ROAD CAME TO BE MADE.

SIT ROAD CAME TO BE MADE
After an argument which listened to by
courtroom full OF prominent legal men ves'etuas
morning Justice Dickey in the Supreme Sou,t
discontinued the injunction obtained by = n
FLYNN restraining the directors OF the Nassau
par-oad comnanv from leasing the system TO the
BROOKLYN Heights Railroad Company IL was De
cded 10 have the trial OF the case on the nrst uy
OF the coming term OF court.
James C. Church represented the interests OF MT
Flynn and his fellow protestants EN-'usu1e
Ward represented the Nassau Railroad COMPANY
OBSERVATION-DISCLOSURES sheehan spoke for the
BROOKLYN Rapid Transit Company. and froIeSs'.
Collin formerly OF the Cornell Law School, areueu
the case for the Brooklyn Heights Railroad Noin-
pany. .ao
Mr. Church said that no mention had been No. .S
10 the Nassau company directors about LEASING '"o
road until the meeting on April 3. on that Gay e
said Mr. Cocheu. who Is one Of the minority 80
holders found that lease had already oeeh VI ~,
I'D passing the control OF the ROAD over NJ 49,,
hands Of the Brooklyn Heights company :"
the meeting called TO order fresluen' =. :,
presented the lease. and. in spite OF the pTo'e'
Mr. Cocheu the directors voted 10 accept H. III
answer 10 a question from Justice DicKey' vi
Church replied that previous TO that une
had been not the slightest mention oil le,'se
Mr. Church then continued TO outline ,ne ~. ~,
OF the Nassau Railroad Company ana sa,u &c COO
receipts had advanced from $4,000 In 1870 10 80
OO0 IN 1895 Then comes along the b'o'' "
Heights road" said Mr.. Church. h's ~
half a mile in length. and boasts tne emu ~ =
number OF six cars. The Brooklyn heie''' -
from It's old property never able 10 pay ."
dividend but was at a loss IL oiu SCI
lease OF the Brooklyn city Railroad anu ~" -,
roads on that railroad system there are certain
returns The president and officers OF the biooN
lvn Heights Railroad Company are the ~ .
and officers OF the Brooklyn Rapid Irans' IN
many. The Brooklyn Heights Railroad CoInpaH!
he
Company the sum Of 100000. us o"" '"r''
stock being S3J0O00 49,, poo,d
Certain people interested In the brooN''" .r,
Transit Company negotiated with certain So
holders in the Nassau Railroad company 10 would
fwo-thirds possession OF the same Wiz arra I'm
enable them TO vote anything that csiie
As result Of the Negotiations IN 1 Rspid transit
OF January this year the brookiyn i tapd ~ the
Company secured more than two-tnii rs elected
7 y Rorns was made president. and ASSOCIATED
" b. Hugh ! Grant. Mr. fiamm and others These
kn Hand transit Company voted their prop
erty TO the company by which they were hiie" A''
within two hours after IT was discovered th at
The lease had been made corporati9h sr o If debt
owning four miles OF track and with trahcnISe g
for twenty-five miles. offered to take the same
Mr. sheehan followed Mr.. Church He read so, an IN
Flvnn although a director had not attended one
Of the meetings since last January. and that tne
lease had been approved by all the directors pres
han declared that the hooks of the Nassau Ral-
road Company had been kept 80 that; althoq t 4 l
they seemed 10 indicate a profit. he oelleNee lnaI
r. had actually been running behind He denied
that Mr. Flynn owned 1000 shares OF tne st 1S
as had heen represented. and said. 10 the pes
knowledge OF Mr. Borne. the president OF the road
Mr. Flynn did not possess more than S"ooVVV par
value Of the stock. 49,. w..
An AFFIDAVIT was presented from President Nre e.
land Of tho Metropolitan Railroad company, IN
which he said that IL all the statements we're true
the Nassau Railroad Company would Dc dolhs
well TO get rental OF $4,000 year Tor It's prop
erty ,. ,. ..t-oi,.
70 the abstract legal aspect Of the case lie SAID
that in so much the lease had already peen con
A. the close he arraigned the minority stockhold-
ars who were not satisfied with what they were
getting but wished block progress in ORDER mat
they might obtain more. -.
After Mr. Ward had spoken briefly for the Mas
san Railroad Company Mr. Church renewed MS
argument saving that the insinuatons or Proiesso.
Collin were the most audacious he had ever hearG
IN courtroom Professor Collin said that he had
made the remarks in general. but refused 10 re-
tract them.