New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-07-10
ON FOURTH AVENUE.
o,o>,s or1IFF IN THE SCHEME.

- NOT FINNI-APPARENT lNDlftERtNCh
OF wR. VANDERBILT A.,
Duh,s arc EXPRESSED as to the effect OF the
~. - tho BOARD of Aldermen on Tuesday
""o,oo.ire, tbe report of the Rapid Transit
IL - -; Tho Commissioners claim to
S.' - = was premature, and are pro-
p'', ,r;tb their work as though no action
- taken. In this view they are sus-
mod by lawyers who have gwen some at
.artion 70 the subject. 1t is represented that
A. Vanderbilt has not been actively III favor
81 ranid transit road on Fourth-aVe, ana
s;obt hesitate to build one if all legal OBJ
s.o,les were removed.
,,rr,1,rr OF THE ALDERMEN'S ACTION.
.,rrxcr OF OPINION on THE sUBJECT-THE
NV UNDER WHICH THE COMMISSION ACTS
H.. action of the Board of Aldermen in rejecting
.,o ranort of the Rapid Transit Commissioners was
,hosubect of general discussion aboutthe City Han
aud elsewhere yesterday. The property-owners and
orers interested in defeating the so-caled Wander
br+ scheme were anxious to know whether the
o.tio, of the Board was final or not. The general
,,o, seemed 10 be that il was. and there was evi-
d,tl mucb relief felt the part OF the property
o-rers who were threatened with great loss II the
s.beme for an elevated road from the Grand Cen
tral Depot to the City Hall should DO carried OUT
Propertv-owners on that line were frequently seen
concentrating those the proposed Ffty-hlhlh
Street Line who had escaped, so 1t was thought,
like affection After careful inquiry, however, among
LAWYERS and others whose opinions are entltied
70 respect on this subject there seems TO De strohs
grounds for believing that the action OF the BOARD
.. Aldermen is not final 1t is claimed by the Ooni-
missioners their counsel and others that the APP
rroval Of tine local authorities to build these rapid
IL dat my
reriod to be fixed by the Commissioners themselves,
aud that the refusal to give that consent at one
time Will not prevent its being asked and obtained
NJ some future time. If the view of the law taken
by the Commissioners and their counsel be correct,
the time at which the scheme will be finally II ever
defeated may be indefinitely postponed. % Eternal
vigilance is the price of freedom" said property
owner yesterday, in this case as in all others"
PROVISIONS OF THE LAW.
The law upder which this Commission was ap-
ponted Is Chapter 6O6 of the Laws of 1875. 1t
nrovides that the Commissioners shall meet within
fifteen DAYS after their appointment and Or
rauize as a Board, with appropriate officers;
within thirty days after organization they
shall determine upon the necessity OF such
steam railways; within sixty days after Or
gauizatiou, having determined upon the necessity
Of such roads they shall fix and determine the
routes; providing that the CONSENT VI Iue o"HeIs
Of one-haf IN value of the property founded or ana
also the consent of the local authorities be
frst obtained or in case the consent of such prop
ertv-owners cannot be obtained, that the determi-
nation of three Commissioners, appointed by the
General Term of the Supreme Court the district of
the proposed construction given after due hear
ing Of an parties interested and confirmed by the
Court, that such railways ought to be constructed
operated, be taken IN lieu of the consent OF such
Iroperty-owuers."
COURSE OF THE OLD COMMISSION
This IS the only provision IN the act Where the
consent Of the local authorities Is mentioned as
necessary. Inc RAPID transit commissioners APP
pointed by Mayor Wlekham IN 1872 who located
the routes Tor the eNl'uAg elevated rai"ays'
t1ougltit might be necessary, as stated by the
above provision u hrst OBTAIN the consent OF Jho
local authorities before designating the routes Tor
such railways BY advice OF Their counsel and the
approval Of Mayor Nickham, they applied to the
Board Of Aldermen ior The passage Of resolution
giving such general consent IN advance OF The oca-
ton of the routes stat tha' as 'he i'" required
them &" designate the routes "i'Ah Sky days
they were AFRAID 'Ee nou-arpfoVM OF the hOafd o.
Aldermen might defeat the much-needcd RAPID
transit al that ume Inc BOARD, however, refused
10 give such general consent ia ADJ dnce ana IN or
dor tIo+ r,,J transit might not lac DELAYED II re-
- -, -, 1T, ~ oolocl. ~ aL4 -, tbo
uduitu I'D S''sIou unIl4 ~ OO'o." at "i-'' v" 'io
last day OF The sixty days named IN the ia" 1Or the
d..i,g t1,u or the rOutcs nv the Commissioners in
'l,..1,;-.. +1.i r,r,r+ odd ,,,,r,,,,o, - mo
''''I W 4o''''o mn 'PO'' az, -"
tep'iV vas Ieooi GU ''i.u "P'i''0 W Wv, SiN'N
days. The Board of Aldermen, the Rapid Transit
commissioners and their counsel evidently thought
-, IL. - ,ti,, ,,.os ,,o.oss,,r Tho s,p,o
'n'N ."'' ,"o' 60" 80 -. -. 80
view Is taken by majority OF Inc Aldermen now
Jordan L. Mott, president of the Board, who
WIS one of Mayor Wickham's Rapid Tran
bt commissioner, says tutU u'e acuoH Oh
TIE Board of Aldermen on Tuesday in refusing
L.. 81 .,,,;.-,,,,o,..