New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-09-07

been the wise counsel and intelligent support which TINS
Board of Commissioners has received from yon.
Upon receiving our appointment aud being duly guam
fed required by statute ORGANISED on the OF
July 1879 by the election OF Mr. Sofgman as chairman
and Burton n Harrison esq, as Secretary. We after
ward formally retained Mr. Harrison couns also to the
Board 10 Mr.. scgman's courtesy. fairness, and good
sense we are largely indebted for the harmony
with which have worked together ana
for the unanimity with which conclusions were
reached. In considering the numerous and difficult
questions law which arise under this statute the accu
racy and legal learning Of Mr. Harrison have been invau
able Acting under his advice have submitted various
questions OF importance to the Hon. James Emott ana
Stephen p Nash, ESQ., as special counsel Upon one Z"
the questions presented to Va We have had the al
woe OF George W. Van Seckh, esq, and as to
many OF them have been advised by Grosvenor T.
Lowcy csq and We have been guided by the OF mons
by these several gentlemen Expressed The Board mas
also selected consulting engineers Samuel H. shTeNe
and Isaac Newton, civil engineers who have been anu
still engaged in careful study Of the numerous plans
Of structure which have been submitted 10 US
Very soon after had organized the Board we csued
proper inserted i'll the newspapers
calling for plans Of construction and also asking Tor
suggestions routes from any and all parties inter
ested in the subject We have received and are s CON
side,ing many communications and models. but being
allowed month longer TO determine upon details ~
structure and the kind OF road to be Duh' We
have yet decided upon any plans OF CONSTRUCTION
We have been attended by numbers of persons who pre-
sented tbar views upon tho selection of route or
routes, including among them some whose interests
seemed TO require protests against the selection
Of certain streets and avenues within the time pre-
scibed 10y have selected such rontcs as under All
the circumstances, seemed 10 us TO unite the grcates'
benefit 10 general pablo with the least injury 10 pr
ynte n;sres-wit fewest chances for legal obstacles
and most chance for enstin the confidence OF capital
The minutes OF proceedings IA printed copy oi
which accompanies this report will inform yon more
particularly concerning the investigations ana discus
sions winch have place. and appended hereto are
copies resolutions which give an exact designation
of the routes fixed and determined ny us according TO
law.
The tou,h section Of the Rapid Transit act givesto hi
Board exclusive authority TO locate the Iente or routes
of steam railway, railways over. UNDER through or
across all places, except ceralI streets thcIe
named and public parSs. Among the streets and
avenues forbidden to Us are all those which have
heretofore been legally designated for routes OF
such railways and Broadway and Fiftirave. De-
low Fy-nnth-st and Fourtbavc, above Forty
st. the outset by the fact that certain OF
the most Dortant and available streets for the location
Of such roads were already designated, ana by law
appropriated, to or the other OF two companies
known respectively the Gilbert Elevated Railway
Company and the New-York Elevated Kan,
road Company. and that these streets could
not be ayailed Of by except by con-
sent Of the companies affected. The law also provides
tina, no new railway shall be operated or constructed in
street after location by this Board EXCEPT upon the
previous of the loca authorities having control
OF the such portion thereof as was intended 10
occupied AMI also the consent of the owners OF one
half in vaae OF all the property bordering on such
streets, of the Supreme Court.
VIVA Is ASKED OF THE COMMON COUNCIL.
The language CT the section referred TO gave rise to
doubts whether such consent must not he obtained by
this Board prior to any designation OF streets by U.s. or
whether that consent would be in time II given only
prior 70 the actual construction Of the railways
Being DESTROYS avoid every technical objection I" our
action We thought 1t prudent 70 apply through you to
the Common Council in advance OF selection by us OF
routes (which selection were advised constituted
the leeal location which were by la~ directed 10
maL) ard accordingly requested you on our behalf
10 ask the Common Council FOR the passage ~ a resoi
ton in the terms the giving the same liberty
which was given by the Legislature 10 make Our own Sc
lection freely and at large from all streets ana avenues
which might seem to us appropriate
desired this permission also in advance OF tie ST.
lection since all the time permit to us by law was re-
quired to form sound Judgment; and because we
might even at the last day ind reasons for making
changes rtes already contemplated ii was evident
thai great difference of opinion might be entertained on
this question: and that If specific selection OF streets
was necessarily TO be submitted TO discussion ana
veto by sti another Official body after we should nave
acted might happen tlGt such differences woud prove
free riciltbe, and that nothing would be finally gained
for the accommodation of the people. We are now
officially Informed that the Conmcn Council after fail
consideration Of request, has thought 1t not cor
sstent with their of duty to allow us the larger
liberty which thought would have been conducive 10
tn, public good aud have requested to be notified Of
specific locations soon as made.
We have 10 ask therefore Tat yOu viii communicate
10 that he " The result OF action and request from
thcm Their consent ia the manner provided by law to the
location construction and operation OF steam railways
over upon along under the streets. avenues
and places and each OF them fixed and determined by
for routes OF such railway.
LIMITATIONS OF THE COMMISSIONS WORK.
In view OF the danger that differences OF opinion
which may honestly exist between the Common Council
aud ourselves might lead to total failure to establish
any legal routes, have upon receiving theG comma
nication, been in a degree practically shut up
TO the consideration OF routes for the Use OF
which municipal consent is not necessary, and
have been correspondngly shut out from CON
Alteration Of other routes the merits OF which ana the
high responsibility the parties proposing to build npon
them commended them strongly to favorable Judgment
We have therefore adopted routes which, throughout
nearly though not quite their entire extent may undef
the conditions Of the law heIcin explained he occupied
by the New-YOrk Elevated Railroad Company or the
Gilbert Elevated Railroad Company without the consent
OF either local authorities or property -owners
IL the cases OF the two companies above mentioned,
existing chartered rights conferred prior TO the adoption
of the recent amendments to the Constitution permitted
them TO build upon certain important streets.
Section 80 of the Rapid r aust Act provides that when
ever any route determined upon by this Board shall
coincide with the route or routes OF an exist
ing railway company, such company may upon
compliance with req eIaents and conditions to be in
posed by have the first right to build upon routes then
owned by them the structure prescribed by us. The lat
ter mart of section also authorizes this Board TO fix
and determine routes constructions between any
listing elevated railways IN actual operation
and ferries and other railways or Gepots thereof The