The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-04-01

This would give the Common Council power to grant
to the said corporation spaces III the parks or sucn
exits and entrances and with the consent OF body
they could proceed under their general powers 10
acquire such portions OF the several parks along
missloners under the provisions OF the General Rall-
road act The parks Ihus affected wouid De tine
and Central PARK. It is further provided That the
travel through streets shall not be interrupted
except py the permission OF the COMMISSION OF
Pubic Works and that temporary bridges shall oe
constructed when the surface Of Broadway Is broken.
1t Ii required mat any amount OF capital shall
be paId into The said company before the work Ii
commenced, but 1t Is required that within 10y ten
DAYS the said company shall file with the state
Comptroller q bond Ut ~ not stated to or win
whom the said bond Is to madel In the penal sum
OF $2OO.00O two hundred thousand dollars. with
sureties to be approved by said Comptroller, that
acJlve operations shall DO commenced within 10
ninety days alter the passage or the act, and for
the completion Of the section OF passenger tubes,
with two railway walks from Bowling Green to
Fourteenth street within ltw0) years thereafter,
and for The completion Of the relnainnor OF said
passenger suDes within uive) years thereafter; but
1t Is further prov that in case OF delay by legal
proceedings or extraordinary causes beyond the
control OF said corporation, which shall compel
the s50ppaae or the work, the time 80 lost by said
stoppaae shall be added TO the time allowed for
completing SAID tubes. This ID all the provision as
to the time when the work IS 10 DO performed In
part or In whole.
1t will be seen, among other things
FTSt-Inat broadway, for It's enure length, Is sur
20 tnis iSr al al
the provisions Of this BILL ana zone or mOren tubes
under tile other acts 70 winch TINS IA proposed as
supplemental for y pneumatic or underground rail-
way, az shall be decided. II Is fair to assume that
the purpose Of the bill is underground locomotive
railway. The facts that the pneumatic process pro-
into erect by The company, that 1t has proved fail
urc in other places where has been fully tried and
that the Dill makes such Iu provision for an under
ground loo motive railway make It q fair assump-
ten that such railway - Intended. At oil events,
it Is fully authorized BY the bill
.Sec07d-It provides that tube or opening may
be made under the surface Of Broadway, following
the centre hue las far as practicable" and occupy.
ing IN the aggregate space not greater than 81
Uhirty-One feet In width by IL (eighteen) ieet In
height 1t argued thai the antecedent words, '.as
Of the tubes as well If 70 the position IN which
event there WIN n oe no rS t to Whas might
W nela auorzes for the tubes authority wtbont
limit for turnOuts and stations To allow the
proper space between the top Of the tube aud
tube must be about % ltwenty-twO) leet below the
surface. This VIII place sucn bottom AZ portion OF
Engineer rracy reports that rom the Character Of
the soil such underground road could not be made
by tunnelllng, but would require an open cutting
from the surface necessltatlng me removal OF the
pavement and the digging out OF the soil to the re-
quired depth; that the material thus removed could
endangerng the safety Of the vaults underneath,
but must necessarily be taken away and brought
' Ta,sa-By the bill under consideration the sur.
face OF the street ID net TO be opened without the
permission OF the Commissioners OF Public Works;
this bill any street or road may be opened without
this permission. BY this bill bridges are required to
be Constructed to facilitate travel where Interrupt
ton occurs. BY the previous acts no SUCH require
ment exists. The company couli therefore, proceed
at once to open broadway al as many places as
they might desire, calming to be authorized under
the acts OF 1868 and 1859, and there would be no
remedy.
the centre line of Broadway as far as practicable"
with stipulations that "all neediul precauuOns are
to be taken to prevent unnecessa Interference with
run ut or near the centre OF the street, 1t may be
found expedent to construct this underground rail-
WAY lac OF s s OF ne yt s On e
street and with greater danger TO the safety OF the
buildings adjoining than II In the centre oil the street.
Mr. Tracy IN MS report TO me- gives 1t as his udg-
ment that the excavation IN the centre OF the street,
where there Is quick and, would endanger the safety
OF the adjoining buildings. and that at certain parts
OF the street soft mud will PROBABLY be encountered,
which Is likely to now into the cut ana cause danger
to the sas Of ,h Inc hsre n IN this
bill which could prevent the co hpany from taking
all the space occupied for vaults on broadway with
out the consent Of the owners and without cOmpen-
saton BY the act OF 1865, referred to, the consent
OF vault owners and compensation Tor the injury
must precede any inter erenCc with such vaults Tor
tine purposes OF the tubes therein provided for: but
this bill is silent as 10 such consent or compensation.
Sirth-Ihe SAID company are authorized to con-
sTruct openings, fues and starways Tor ventilation
the street. There must be 10 Nenl or 15 fifteen)
OF these in every mile for due ventilation Chief
Engineer Tracy reports to me. There Is no resric-
tion as 10 wnere these openings to be made, and
they may be in the most valuable portions OF the
sna Ie
openings smoke TOR II no smoke, gas and noxious
vapors will be constantly passing.
fret ht and passengers, anu to select any point for
their buildings for the purposes OF said railway and
NAV take any mans store or other building with
out his consent, by proceeding under the General
Railroad act to make compensation.
Eighth-rhe company are authorized 10 occupy
the parks for ingress and egrcss for their Railroad
with the consent Of the Common Council, anu may
with such consent proceed to take any part OF the
parks Tor their PURPOSES BY commissioners under
the General Railroad act, and virtually without
compensation; for the bill declares tnat In all cases
the use 81 the streets We n GROUNDS Sa
consistent with the uses and purposes Tor which the
Mayor, Aldermen and Commonalty Of said city mold
NintI.-The provision for giving q bond for
$2oO.OOO two hundred thousand dollars) not re-
IN particular, does not amount to anythng as It IS
not required to be made to any one, II Gould not De
enlorced and II available at all as indemnity, IL
would not compensate for the damage which might
be done TO single bulidlng on Broadway. The Dill
is drawn In all Its provisions in a loose manner,
without adequate guards In any essential ir the
scheme were in ali other respects practicable.
have given only portion yet hope sufncientl
OF the objections OF general character 10 snow mat
tins bin ought not to become law. Every impor-
tant interest endangered anu no private or public
right IL protected. deem 1t my duty, how ever, TO
Contained in the report OF Mr. Tracy, In addition to
those have referred to- as to the effect OF construct
Ing the tubes under Fourth avenue. "Ine Har,em
cuts, tunnel and bridges over the centre
or Fourth avenue, under all OF which the
tubes Will have to pass wnere the tracks are
the Streets they Will have to be removed during the
constructive OF tile tube. !: new tunnels are cut
beneath the old ones they will have to be cut al
considerable depth below them to ensure the safety
OF the present tunnels, and In that part OF ne ave-
nue. north OF Tooth the abutmens and piers OF
the Harlem Railroad bridges will have to be sup
ported on top OF the tube. The tube can emily ne
built strong enough TO support these abatments by
g.eat care and great expense, and VIII necesstate
the abandonment Of the present tracks OF the Har-
lem Railroad Company during the construction"
As TO the E6ect on SeCt rdge.-Mr. Tracy states
that 1.-THE tubes will cross the lines or the largest
sewers now built In the city. Nearly ali that part OF
the city between Fourteenth street and the B0wery,
Chatham street and Broadway, now drains into the
North river, and large portion OF 1t through the
sewer in Canal street. The proposed pneumatic
tube will almost OF necessity compel O new sewer or
sewers to be constructed carry this drainage into
the East river and as the surface OF tre ground at