New-York tribune., 1902-05-27
TO BLOCK IMPROVEMENT
B. r. T. TRIES TO HOLD UP L. ]. R. RS
WORK IN ATLANTIC-AVE.
BALDWIN SAYS IT is AN ATTEMPT TO FORCE
SURRENDER OF RIGHT TO OPER-
ATE SURFACE ROAD.

Five years after the bill authorizing il was
passed and six months after work started
on the Atlantic-ave, Brooklyn. Improvement
consisting Of the depression and elevation Of
the tracks of the Long Island Railroad in that
thoroughfare. application has been made for
an injunction to restrain the work and compel
the putting Of the street in its original state
The application for the injunction was made
yesterday before Justice Smith. in the Supreme
Court Brooklyn. The Nassau Electric Railroad
Company is the nominal applicant, but the real
mover is the Brooklyn Rapid Transit Company,
which holds a lease on the Nassau property.
Justice Smith reserved decision
The old Atlantic Avenue Railroad Company
the original owner of the franchises for At
lantic-ave. In 1877 the Long Island Railroad
Company leased a right Of way I'm the avenue
the lease TO until 1876 after which the
road was TO revert TO the Atlantic Avenue COM
pany. The latter corporation absorbed by
the Nassau Electric Railroad Company, which
in turn has come under the contral of the Brook
lyn Rapid Transit Company.
Counsel for the Nassau company, arguing
behalf Of the motion, yesterday said that his
company received the roadbed In 1876 The
Improvement would be a great hndrance 10 it
If IL should want 10 operate the surface
He declared that the Nassau company had not
consented 10 the Improvement.
General George w. Wingate and William J.
Kelley opposed the motion on behalf of the Long
Island company. They said that the suit was
not brought in good faith. and declared that
the Improvement had received the sanction of
the former officials Of the Nassau company. Mr..
Kelley said that in discussing the question ii
was difficult not TO use strong language. and
that If there were any real objections to the
work there could be no possible excuse for wait
ing 10 make them until five years after the
Improvement had been sanctioned by law and
six months after work had been started.
President Baldwin, in discussing the action
spoke in the same strain. He declared that the
grievances alleged were manufactured" He
added:
The real reason for this litigation not disclosed
IN the legal papers The whole trouble arises from
a demand, made by certain members of the eXecu-
tive committee of the BROOKLYN Rapid Transit
tenn, that the Long Island Railroad Company sur
render 10 the Rapid Transit Company the right 10
operate the surface electric railroad Atlantic
covered not only the surface railroad. but all the
rights of the lessor company and under the
1ace, and the lessor company expressly covenanted
that IL would operate directly indirectly any
railroad on Atlantic-ave. east of WashingtOn-ave.,
curinSszhe term of the lease.
Colonel Timothy l. Williams, vice-president
of the Brooklyn Rapid Transit Company said:
Before taking any legal steps we gave am
pie opportunity 10 the Long Island company
10 cooperate with us. to enable the i'm
proVement to go without jeOpardiZing our
charter rights. President Baldwin would not
consent 10 this on any basis which seemed TO
Us fair and equitable. He insisted upon conces-
sions TO which could not agree, including a II
extension of the present lease"