New-York tribune., 1880-01-16
RlrID 1RlNsIr coMMlssloNLRs.

THE SECOND COMMISSION TO ACT AGAGN-HOpfs
OF AVOIDING LrGAL CoMrLCArioN, - IHis
WAY.
Mayor Cooper yesterday rcappointcd the
Rapid TranIt Commissioners whom hc appointed in
August last to lay routes in the Annexed District
the Commissioners aro Richard H. Hoe, john j. Crane,
Gustav schwab. Charles l. P,tlans and william u.
OmGc TIC Mayor. IN conversation wi;h reporter Of
TIE 1HInUNE later IN the dav. gave tue following as his
reasons for the rcappointmcnts:
"Tbc Commission first appointed last Spring deter
mined certain routes IN the Annexed District nnd also
laid out "a route fron Tory-secondst 10 the C, Hall,
ana modified the route Of The Metropolitan Railroad,
allowing it to 60 through Fy-riuth-,t This Commi.-
SION was composed OF Henry g. cobn Henry +. spal.
ding samuel H. Filcy Lewis e.. Morris, and Benjamin
g. Arnold. These Commissioners provided that the
routes were not all to DE built 10y company but by
several That raised the question whether tho same
Commission had right 10 oreaniz- more than Que
cou.paEy a. the law under which they
acted refers throughout to The company 10 be
OrganiZ II for tins purpose ot constructing
maintaining ana operating srch railway OF railways
The Common Council refused 10 give consent 10 these
routes In july 1879, second petition was prrsoutcd,
under which nnotncr Commission was appointed. con
si.ting ~ Richard VI. Hoe, john j. Crane. Gustav
schwab. Charles J. Perkins and Wm. VI. O.iic.
This Commission came 90 the conc ua0n thdi. with
.,me notifications, tho general scheme Of roads ~
thc Annexed District lGil out by the first Com
mission the best adapted 10 develop ana accomo
date The whole district lhlS raised INC question
whether they could orrunza company to construct
roads part O hc routes "Alth ndn Drrn upprC
uidied hy the rsi Commission 70 the corporations that
ihcy had organized.
Z" A case WIS made mp under The Cocc and submitted
to me Supreme Court tAo facts being agreed uOn
determine whether the acH OF the fist Commission were
valid not. on which 80 decision has vet bcou mId'
Meanwhile, The several periods 81 time plc-cIhrd by
lie act IA which the second Commission slaI perform
Their functions having Npred Inlrts they have been
tended by The clause OF the acf which provides that the
time II any unavodnhy consumed by tue tendency Il
legal proceedings shall not bc deemed part any
period time limited ~ tLi- act II mag b. STONED
whether the slihniis-"u of by wiil1ut
any stay injunction Of the Court f. time unIYodably
conamed within the meaning ~ the act, ana therefore,
whether the powers OF thc second Commission have not
exUIrcd by lapse OF time.
The appointment Of a third Commissioner whose
time Will date from to-day ei eliminate thi, question
and 10 u Icccd that thr decision of th- CONT "a
fhc otcsio involved MI shortly hc Civ H. N prob
able ihat the Commit Esinn now appointed acting after
fine decree the Court made. VIII be from In,
LEGAL questions which may be- raised as 10 the action Of
ilc preceding Commission and their predecessors.
&" IL therefore appears wisc,' concluded the Mayor,
fo rcappunt the COmmir Honcrs tine same gen
tlcnen hO were appointed in August, their plans
sccinrG fO be substantially aatIsgcoIy the pco. or
the district and the period OF time allowed by tie act n
which 10 X the routes is 80 snort that II s great all
vantage To rcappOnt the old CO!nmisOhcs, who have
had tImo 10 study The matter