The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-09-07

ternine upon details o. structure ana tur mans I'M
Al he buit we have no1 yet decided al 'oh an, dbar ~
constructon We have been attended ~ ~ - y, seloc
persons who presented their views g,gine among
lion Of route routes, inc vi no them
sbcm some whose Interests seen ca ,election
20 require protests Aeallssl the ii me pre-
az certain streets ana avenues Nith'h ,es q, under
$500 ~ az, Sa lave selected such ro ues ~ ,
Il. ,ho c,rrumstances seemed 10 ns TO UNI -, innr,
eSt ocnent 70 me with fewer chances " L gal OBJ
stractions and most chances ior e"''S'Ns
Of capital ..ooeodnqs a printe opy OF
,t.s ,ccomnanics this report VIII INFORM ~ a.
.',",,isrIv concerning the Investigations NY 80
parucuiarI ~ nave taken place and appended h 'relo
sre COMES OF the resolutions, WINCH CIV an "a 40
,sn,tion of the routes fixed and determined oy p"
rS fourth section OF the Rapid Transit act gives 70
this Board exclusive authority 70 locae .lie "u >
s,as ~ A steam railway or railways over, unsae :
,h~ougb OF nc ross all streets or places excep0 ceruH
streets, therein named, and public parks &nong IN
and avenues forbidden to which have bef
bereroore legally designated for routes OF such ram
ways are Broadway and Fifth avenue below fitF,
ninth street. and Fourth avenue, above Forty seeoha
street at the onset by the facts thar oer-
tain OF the
for the location Of such roads already designated
and by law appropriated or tho other OF two
companies known respectively as the Gilbert Eevato
Railway Company and the New York Elevated RalHo'n
Company and that those streets could not be eVae,h
OF By except by consent OF the companies aecte.t
The law also provides that no new railway shan Y
operated constructed in street even after Location
by Board except upon the previous consent OF the
local authorities having control OF the streets, OF suc
portion whereof as was intended 10 be occupied and
also the consent OF the owners of onehaf in value OF
all the property bordering on such strests OF Vi '"o
The Language of the section referred to gave rise 70
doubts as 10 whether such consents must no; be OBJ
tanned by this Board prior any designation OF streets
by us whether that consent would DC w 'lnlc II
given only prior TO the actual CONSTRUCTION OF NV "
ways TO svoIp EvERY TECHNICAL OBJECTION
to action, thought i prudent TO Apply lrougn
Won TO tho Common Council in advance OF anT SELECTION
by US OF routes (Which selection, as we were advised,
constituted the legal location which we were ey Jaw
directed to makel and, accordingly, wc requested Yeo
on our behalf TO ask the Common Council for hs pas
sage OF a resolution in the terms of the statute elsne
US tie same liberty which was given by the lesisaNG
10 make our selection freely AID at large from ala
streets which might seem to US approPfT
We desired this permission also in advance OF the se
lection since all the time permitted TO Us by law was
required 10 form sound Judgment aho because We
might even at the last day, lind reasons for making
changes in routes already contemplated 1t was evi-
that great difference of opinion might oe enter
tincd on this question: and that if our specific seec-
ZION of streets necessarily to be submitted TO dis
susson and by still another official body after we
should have acted, IT might happen that such uiIer
ences would prove irreconcilable and that nothing
would be finally gained for the accommodation
of the people We are now officially informed
that the Common Council after full consideration OF
pur request thought it not consistent with thelr
srnse of duties 20 allow us the larger liberty which we
thought would have been conducive to the public good
and have requested be notified OF spechc locations
a. e,on as made We have 10 ask therefore that you
will communicate 10 that body the result OF our
action and request nom them their consent IN the
provided by law to the location, construction
across or under the streets avenues and places and
each OF them liked and determined by us for routes oil
such railways. In view of the danger That
DIFFERENCES OF OPINION,
which NAV honestly exist the Common Council
aud ourselves, might lead TO total failure to esaDsh
legal route, we have, upon receiving their coinu
ncaton been in degree practically smut up 10 the
consideration OF routes for the use OF which muncpa
is not necessary, and have beeh corresponds
ingly shut from consideration OF other routes, the
merits of which and the high responsibility OF the parties
proposing build upon them commended them strongly
TO favorable judgment We have therefore, adopted
routes which throughout nearly, though not quite
kher extent may, under the conditions OF the
law herein explained be occupied by the New crk hle
waited Railroad Company or the Gilbert Elevated 'ai
Company without consent OF either local author
ties or property owners In the OF the two COM
panies above mentioned existing chartered rights,
conferred prior TO the adoption OF the recent amend
ments 10 the constitution,
PERMITTED THEM
upon certain important streets Section 80 of the
Rapid Transit provides that whenever any route
determined upon by this Board shall coincide with the
route routes Of an existing railway company such
company may upon compliance with requirements and
conditions to be imposed by US have the hrst
right build upon routes then owned by them the
prescribed by The latter part OF the sec
tion also authorizes this Board TO fix and determine
routes for between any existing elevated
steam railways in actual operation and ferries and
other railways depots thereof The clause last men
evidently refers TO the one elevated steam rail
way in the city, belonging TO the New York Elevated
Railroad Company The prohibition to US TO locate any
railway over, along upon or across broadway or
fectually prevents us, perhaps from making
the important connection needed by that road
with the Grand Central depot, at FOrtNsecOnd
streetby short route and at any rate the doubt as
that route Of connection seems conclusyey IN favor
that construction of the Law which allowed Us to
make the longer connection from the Battery terminus
of that by way OF streets the east side of The
city connecting with South ferry, Fulton ferry,
Thrtyfourh street ferry and others and reaching the
Grand Central depot and the ierrieu on The Harlem
River and stations the New York and Harlem Rail
road In making such connections section 50 provides
That the RAILWAYS therefor may constructed subject
only snch conditions Of the amended constitution
rs are applicable 10 such railways. The amendments
rafar IN IUarfQ al "
prohibit the Legislature from passing any act auhorz
ing any street railroad TO be constructed or operated
except upon the condition that the consent Of local
authorities and property owners u first obtained.
The street railroad, as are advised, has a
defrnite legal significance, distinguishing those rail-
ways IN general use IN streets oil cites by means OF
horse power from those other railways wherever
located, which propelled by steam, and which
are legally and technically known street railways
Upon this distinction the meaning Of ;ne ter m
street railroads" y urged upon tina; the
terms OF the constitution relating TO street railroads DO
apply to elevated steam railways like that of the
New York Elevated Railroad, and that that company
need not apply for the constitutional consents IN building
lines of connection located by us But, whether or
not the company must secure those consents before
operating constructing their connecting railways
are advised that authorized make such
locations Of connection for that company to US
proper TO serve
THE CONVENIENCE or THE PUBLIC,
without the necessity our part, prior to such oca
exemption claimed for the New York Elevated Railroad
Is however, not understood to apply TO any elevated
steam railways ocatcu by ~ other THAI those which
This distinction above referred 20 arises upon the
OF the by the fourth section OF which Il is
provided that for al railways originally authorized by
us 10 be Organized ny Us must hrst be OBTAINED the
above mentioned consents This obligation therefore,
to such railways Of new companies arises by
force Of the terms OF the statute, solely without aid
from the amendments TO the constitution. The
Legislature, while speaking Of such railways already
butt and Ia operation, does not repeat the con.
hitions above mentioned except BY a reference
10 the constitution ITSELF and then only the extent
that such conditions Of the constitution by their
own express terms applicable to such railroads. Thus
two kinds Of routes secured open selection ana
approved by US, viz
First-Routes existing before January l, 1875, aac
those within neither the statute nor the constitution
aud
Secord-Routes for 'steam railways not covered b,
tho legislative prohibition Of the fourth section no
within the OF tho constitution restricting lcgsia
lon afrcct railroads.
The routes Of the two companies above mentionc
rad brcn arranged and designated 10y other Commas