New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-07-11


responsibility to determine in advance OF aolu
dcaton by authorized tribunals that reasons exist
which will JUSTIFY statutory construction contrary 10
varying the customary meaning OF words used III INC
statute. Under that responsibility am OF the OPINION
that the words provided that the consent etc. De mrs.
obtained mean that the consent shah he rst obtained
before any actual occupation of streets Tor the Placing
OF a railway on any Of their parts"
This opinion given IN regard TO whether IL was
necessary to have the sanction of the local authorizes
within tho sixty days Mr.. Lowrey, however, differed
from the present Commissioners who say it is not the
province 10 ask the OF the local authorities pu
the business OF the company hereafter to be for'aeu
In concluding his opinion Mr.. Lowrey added; ihcre
are special reasons why the Board of Commissioners
ought as on official boiy deal with all other Official
bodies especially this Of the proceedings ana
VIII having in view the complete contamination OF the
purpose OF their appointment they ought TO seek ana
ooaiD benefit OF whom 1t may concern the con-
cent Of tho local authorities"
George W Van Iicen in giving an opinion on the same
subject sad that the statute must be construed IN the
hight OF the constitution and reasoning from that he did
not think it necessary to get the consent OF the local
authorities within the sixty days. though he ADVISED the
commission as soon as it had located the routes to
employ counsel 10 obtain appointment OF three COM
II ssoners m lieu of the consent of property owners ana
also 10 obtain the consent OF the local authorities
Burton n. Harrison, VINO secretary and counsel
10 the first Rapid Transit Commission said yesterday
that was evidently matter for the courts to decide
whether the local authorities could give their consent To
tho located by the present commission, after the
sixty days expired. or after having once refused H.
It was his opinion however without having carefully
examined the subject that they could gave their con-
sent hereafter without regard past action. In Brook
lyn a commission was appointed to locate rapid
transit routes, which completed It's WORK by turning
over pretty nearly all the important streets Tor mat
purpose Very little attention was given to the subject
and the report unanimously rejected by the Co-
mon Council as preposserous. Afterwards company
Was formed and the Board OF Aldermen found II to its
interest TO give us consent aud although the Mayor
vetoed the resolution enough votes were obtained 10
override the veto New-York Aldermen may not be so
bad as Brooklyn Aldermen bus the latter have set
precedent, though # may be an Illegal one
INDIFFi RENEE or Mr. VANDERBILT
Officers OF the Nev-York and the Metropolitan
Elevated Railroads somewhat unwilling TO
express their opinions III regard the effect OF the
action taken by the Board OF Aldermen James ~
Coving treasurer Of the New-York Road, said that
mat company had been DESTROYS OF maSInS a
close connection with the Harlem Railroad In
the building Of its Fory-second-st. branch
remember WELL" lie said, talking several times with
Commodore Vanderbilt u regard running tracks
into the Grand Central Depot Since his dead some of
our directors have conferred with lain H. NaudeThut
opposed 10 the pro CT for the reason hey sand that
they Thought the symmetry OF the dcpot would be De
U
public convenience not only iCr passengers, but
alo in me receint ana del yey o, ,,o ma ,l.,
madc 10y the NeN-Nork Company, but me subject was
discussed fully ] nave not ta.N'l ~td villain IL;
,uiunu af those witn Wuom nave talked Within the
~ ~ t,ty-'-'bt Uoprs that Nh Vanderbilt would NOT
ntGld One F,urn Avenue Line even II he had he right
tiI5e tl,e pr1irct OF building a line from the
FnrJy-,econd street Depot to the city Hal.
he cy 90 England for estimates after mo route
nsd been surveyed. lie hutlly aba doHcd the PT jcct
ana DC remarked az one time, tna ne was willing
10 leave others the 80 utOn oi the rapid tauS pron
I'm That an, To DE sure, contemplated Il depressed
road but toe cost would have been not much greater
/ iu4u that OF uuluing au cI,Ndttd rod'. , go,
| mcn" Mr. Owing continued. IN the report that The
fare The FouruI-avc line would be onH D cents. J
| ulu 20 have made comparison between the present
fares cuargea the Harlem Railroad aud those on the
/ elevated TAlrodds HE fare now charged nom The
CITY Hall 10 Ia lem Oh Mr. NdndeIblts roads Is 10
cents Inc elevated ["loa's cary p%SSSnGeis Oyer yer
TIE same distance Tor cents ol4lS iol nouns VI 'Ic
I9v THIS the cheapest rdIrOid INng III TIE W0lld,
ana do not think that IL haN neen appreciated luly
Bg tine elevated railroads were entitled 10 charge
10 cents to Harlem
A VOICE FROM THE MAYORS OFFICE.
James T. Morrison Mayor Coopor's private secretary,
EXPRESSED the opinion that. by tne action Of
the Aldermen, the Board OF Rapid Transit Commits
soners had ceased to exist. TINS is my personal
Judgment" he said; "tIe Commissioners themselves,
after consultation with Icsal counsel, entertain, am
told "A different opinion. II would have been good
policy, PERHAPS for the Aldermen 10 have separated
taag action tIaitlty on tuc routes beIoN,
and those 40 We the Harlem River H. however, u
a question of swallowing the whole none Of the
preiect believe the reject 3n Of tne report was jnSt
and ors.ryca Valuable franchises have been granted
loo freely the this city and 1t rs about time
fuat d was s-opueG Uud an the circumstances the
Aldermen last right. Whatever the legal rights and
no yer, of COMM, slJucIs may have been, ~ al
equity ana fairness thor powers ala not cNtha
below tIe river. TIE Commissioners were appointed
simply 10 routes u tIc annexed district lo' 10
DR. upse new lines below h river. Ia recommending
T1uit along Four, avc., below EOrtl-S cOuQ-s To- they
violated Inc split aud Of their appointment or
tnIy there T. the slightest doubt. II the MaNOr
gated appoiumeu Of the commissioners, he VIII not
select new board until another petition IoG iht laying
Ouj Of new Is received by hlm Al TINS nomeut
the whole matter, III my opinion Is dead But TINS Is
probably The end o. al d. oaJ cOme up aiA ia Some
Other form"
II Was said by persons interested In the
prr-crt elevated railroads that the routes db out by
inc commissioner the annexed district were not I'M
satisfactory 10 them. IL these routes had been al
pr1t cd u probable tuIt they would have taken STOCK
| ia the new company authorized TO bulld me
I roads. the roads would SIMPLY 10 an
extension ~ The present zines, ana therefore the
OF the present companies would nave ict
u necessary take part N the new organization Sucu
course would have been ctItod by he pianeS ncees-
sites of the the present companies IN their cor
/ lOrltr ca acijy, would MOI have subscribed 10 the
stoc. the ROAD, but tner stockholders undouO-
| tuiy would nave done So.
John II. ~trahan and other lawyers whose Opinions
we're asked on the subject said that the action OF the
Board tuesday WOulu uOt necessarily govern IT'S ac-
non on The same subject hereafter. IL might be taken
up report approved at any future ume WITH
out regard TO past action.
THE UNIVERSITY CONV0CATION