The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-02-16
RAPID TRANSIT.
SECOND Days PROCEEDINGS OF THE COMMITS
SION IN THE ELEVATED RAILROAD.


SECOND Days PROCEEDINGS OF THE COMMITS
SION IN THE ELEVATED RAILROAD.
The commission in the matter OF the New York
Elevated Railroad met yesterday morning IN the old
Aldermanc Chamber City Hall, at halfpast eleven
O'Clock The principal business before the commission
was to hear such objections the construction OF the
projected road as property along the line might
see OF to advance
Mr. John II. Parsons, who appeared as counsel Tor
the Third avenue property owners spoke to the ques
ton OF admitting oral testimony in favor OF rapid
transit he would require time produce witnesses on
his side Of the matter He should not be limited to
next Saturday, Tor the question is one Of much i'm
portance as between those who object TO and those
who favor the construction of an elevated road on
Third avenue. Vast property interests are at stake
and those whom he represents ought not be tied down
TO days time in rebutting such testimony as might
be set forth by parties favorng the construc-
ton of the road IL is only reasonable 10 expect
that leave should be granted examine persons
who might appear to testify orally in favor OF the
construction of these roads. II the Commissioners
have power written anidavits they could
tainy only examine orally Again, directors TO the road
have made application to be shown description Of the
railway which is intended to be built but have thus
far received the required information andh asked
that full time he given to the directors
Mr.. Vandenburgh in representing tho Underground
Railroad Company, said that he conceded with the re-
marks Of Mr.. Parsons, and urged that the commission
should not limit strictly the time of the hearing.
When the Supreme Court nominated this commission
ample powers conferred upon it, This commls-
sion open body, where hearing could be pub
licy had; but the last Rapid Transit Commission was
Star Chamber.
elevated road, thought that the commission had
power whatever to compel the Attendance OF witnesses
administer oaths Even If IT accepts the sugges-
tion OF Mr.. Parsons, to have witnesses sworn by
tary such testimony would then only be aiidavits,
and the commission, not being court could not 60 into
the form Of trial by taking testimony
President Palmer concluded that the commission
had
NO COMMON LAW POWERS
and could not overstep the limits OF the statute in
OF which it appointed 1t could
take afIldavts but could not proceed with the oral
Ex-Judge Emott said that since he came into the
Chamber number of petitions from property owners
along the route had been placed IN his hands. One
from William Kennedy and 500 others, all of
whom in favor OF the road. Another was from the
Produce Exchange, in their aggregate capacity
body and in their individual characters as property
holders along the line of the proposed elevated railroad
third was from Thomas Fay Townsend and 800 others,
residents OF the west side OF the city. fourth bore
the signatures OF Brooks Brothers " Co, Eugene
Kelly, Babcock Co and many others, who state that
they property TO the amount OF 500 600 900 on
the and where It is proposed TO build
the rapid transit roads. He also submitted two
long petitions from parties holding property on Third
avenue alone,
ASKING RAPID TRANSIT.
Mr. Parsons asked ''nis learned frend If these par
ties were property holders tenants only
ExJudge Emott believed his ''learned lrend' would
recognize the Rheinander estate on Third avenue
worth something. The second petition was from b. f.
Wandell who owns 500 600 worth of real estate
Third avenue The affidavit OF read who
had canvassed the occupants of stores and residences
Third from Tooth TO 130th streets, and these
all in favor OF rapid transit on that avenue, If in
the centre OF the street. but opposed to 1t If placed
the sidewalks.
Eq.Judge Emott assured Mr.. Parsons that the road
would be built in the centre of the avenues and streets
when this could be practicable.
The Commission now, at quarter past one O'Clock,
took recess until two O'Clock
AFTER
Mr. Vandenburgh, who, during the morning session,
had occupied attention Commissioners IN an
attempt prove that New York does Iced rapid
Sit or If she does that horse the proper things
TO use, ana that elevated steam lines annoyance
and nuisance generally 10 the places along which
they pass, gave way now to ExJudge Emott, who said
that he had additional papers TO present in the case
Mr. Church said that committee OF five from the
Board OF American Engineers had issued 1900 circulars
TO property owners along the line Of the Greenwich
road which circulars had simple forms wherein
property owners could note their objections to the ee
waited road Only seventy persons OF the 500 who had
received the circulars thought their objections strong
enough 70 warrant reply 10 the Committee of Engi
neers
Mr. Martin obtained hearing TO set forth objections
to the construction of elevated railroad from Coen
ties slip to Chatham square He presented affidavit
ertenso from Mr. Allen }. Cummings and others
According to the showing of these parties Pearl
and other parts of the route which the line
stories Of their light and whether built the side
walk in the middle of the street impede traffic.
and therefore, damage the property Mr. Martin did not
the OF destroying the lower part OF the city by
the erection of these elevated roads for the purpose OF
erecting city in Westchester county; for that
would be the effect Of the construction OF such roads
Ex-Judge Emot read affidavit from Mr.. Lewis G..
Morris He favored the construction Of the Pearl
elevated railroad and endeavored to show that so far
from depreciatng downtown property, these rapid
transit lines would enhance It. because they would
facilitate transportation and communication with much
greater and cheaper than at present Ex-Judge
Emott submitted AFFIDAVIT of similar nature 10 the
above, signed by Lewis II, Fieds
ExJudge Emott said at present the Elevated Railroad
Company which he represents could say Just what
nature OF lines aud buildings the company would finally
put up but he would state that they did not intend
sidewalk road any part OF the way along Pearl
street
Commissioner Palmer announced that he and his
colleagues ready 70 hear DIRECTORS TO the con-
af elevated road from Chatham square to
Third avenue Several gentlemen, whose names did
not transpire, arose to make objections of a similar
nature TO those already put record by directors who
had formerly gwen their evidence Mr.. S &. Haines
thought that the contemplated plan Of stretching
Orders the street would never do, as among
other inconvenience IL would greatly darken the
and street.
The Commissioners now announce their readiness 10
hear parties interested in the construction of tho
fourth division OF the ne that running between lower
Third avenue and Harlem Bridge.
Ex-Judge Emou submitted affidavit favoring the
construction Of this line, and signed Dy Dominck
Smith.
The proceedings were adjourned at three O'Clock
until eleven this morning
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