New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-03-03
TIE BROADWAY TUNNEL PLAN.

THE BRO1kDWAY TUNNEL HLAN.
DOUBTS ABOUT CHARTER AND FUNDS
FAILURE TO GET THE CONSENT OF PROPERTY
owNERs-MR. JEwETT NOT ACTIVELY INTER-
EsTED-A TALK WITH GENERAL MCCLELLAN
THE CHARTER SAID TO HAVE EXPIRED
The. New-York City Central Underground
Railway just completed OF the property
owners along Broadway This was done with the view
Of securing their consent to the construction nnder
way of doube-track tunnel railway The majority OF
the however. have refused tner con-
SENT and the next action taken by the company VIII Dc
an appeal to the Supreme Court. Among property
owners and some prominent lawyers considerable doubt
ia said 20 exist in regard the financial standing OF this
company which has been before the public for many
years. regard to its legal status and title to
build under Broadway.
A TRIBUNE reporter assured recently by Chief
Engineer ". j. Norris Of this company, that 1.-THE ma
iorty OF the properyownes had refused their consent
simply because they wished the responsibility or decid
ing Just how the road should be built TO devoVe upon
the Court" The charter obtained III 1865" continued
Mr. Norris was purchased at foreclosure sale four OF
five years ago by Colonel Vandenburgh, with various
rights and franchises that entitled the road to be Dull,
through Centre-st but maps have been filed under gen.
eral railway laws, also under the Tunnel Act OF
$780, which give us @ right to build under Broadway
The BaDQue Parisienpe s ready to take $2OOOOOO or
our bouds-though am ignorant Of the conditions and
det4iS-and tue greater part OF SlOVoo'ooV VI
stock has been subscribed for here In the CITY,"
[Mr. Morris was unable to how much
money had been actually paid in.l " An appeal
to the court will be made next month. There Will be
trouble about the money. nor our legal rights The
Vanderbilt interests not opposed to our road There
many prominent men In our Board OF Directors,
among them Hugh Jcwett, who Toxic an active part
attending meetings and pushing the interests OF the
road"
The reporter called next upon Hugh j. Jewett, pres
DEL: OF Erie and the following conversation took place
"Mr. Jewett, understand you a director OF the
New York City Central Underground Railwayp
81 don't know whether l am or not" replied Mr..
Jewett
"Then you have personal share in the affairs Of the
ro4df"
have never attended meeting the part of this
road. and know nothing whatever about it,"
you are not &C lively interested in it, thenr
al have had nothing TO do with it."
"Can yOu tell nothing about the action or pros
poets OF the companyf"
"As have said, have never attended a meeting.
know nothing about the road and have nothing TO do
with it,"
Upon calling again at the Office Of the company. a
card sent In to General George president
answered by Colonel ykndenburgh, who volunteered
give information. but by perssting the reporter
finally General Mcclellan.
cit has been stated that you were going abroad to
place the bonds OF this company is that sof" was
asked
No. don't intend going abroad. at least at present."
replied General Mcclellan. 1--WE are busy now in pre-
pairing the contracts which are to be let"
Twill you tell the amount OF stock that has been
subscribed for of money actually paid
inf"
Some what the surprise Of the quesoner this query
seemed decidedly embarrassing.
"well. can't come in tomorrow" said the Gen.
eral. "No" Then wont yon come In an hour laterf
IN very writing imDOrtaut letter."
But as the visitor modrstly remarked that his time
also was valuable. General Mcclellan asked him TO wait
a moment aud retired TO hold consultation with Colo
mel Vandenburg Presently the Colonel 0eckoned the
visitor IN, in mysterious manner In solemn voice
he asked:
"Your visit is friendly. isn't i'll THE TRIBUNE has
always regarded this projec. favoraby. What is
motive in asking this question: still more surprised
the reporter said: MY motive is simply desire 10 pro-
cure information that will I've interesting I" the public
Well" said Colonel VandenburGh. we shall prepare
for the public few days. as 7on as work
contracts flushed, which will give all norma-
ton IN regard to III" road"
Thin General Mcclellan said the reporter turning
how much roouey has been paid IN for stockf'
viii Won tell me what the route OF the road Will lie I"
A map shown with lines running up through Cen;
route through Cenre-s" said General Mcclellan and
FROM Farklace 70 Union square is connecting railway
Are there any doubts about legal title to build
oh no. we shall have no trouble about that"
"Have any other companies or persons laid claim to
"Our maps filed before any others, and the Gen
ersl Tunnel Act OF 1880 enables us TO build"
what will the rosi c0st per mile r.
as Edward Watkin connected IN any way with the
roadr
DECLARING THAT THE CHARTER HAS EXPIRED.
In order TO get legal opinion upon the underground
complications from counsel representing the city, the
reporter called Assistant Corporation Counsel
a. fhraa IA
company about to appeal to the Common Council
for permission build under Broadway. and knowing
that this office would be consulted their representatives,
brought me their briefs and papers for an opinion !
read them 8 decided that their charter had eXnred
by lim auou when the foreclosure sale OF Colonel Van
denDurgh took place The sale Itself considered some
what doubtful" Mr.. Andrews read section ii OF ins
amended Act 1869 incorporating the company. which
was effect that the corporation should commence
Soway To Within three years and TO
the Harlem River IN five years, necessary aud unsvoid
"Now,s said Mr.. Andrews, there a peculiar
claim that they had constructed part; but from what
could learn all they did 10 dig hole. hoping 10
protect themselves think the charter has expired.
and the as doss not b anu
no rights TO 90 under Broadway that can see NOW,
surprising that the charter Is alive Under last years
TUNNEL act company may build securing the consent
OF least Onehaf the prOpertyowners along s route,
this an appeal to the court must be made and
appoin ed TO decide The charter OF this com
pany, If IL were still active Ia for liked route up
through Centre aud Muberry-sts. They cannot map
lines all the city by simply claiming righs
under the Tunnel act The filing Of mans Tor oonnoc.
TONS and under general laws is sufficient, IL
backed by q sound charter. To accomplish anything
legally act Of the Legislature would be neces-
sary"
VIEWS OF 8. Y. CHURCH.
The reporter called next upon Simeon L. Church.
member OF the West Side Association chairman OF
the Committee Rapid Transit, which represents large
property interests the upper end Of the CITY,
81 have been interested for many years In schemes for
rapid transit" said Mr. Church. land have known about
The Central Underg ound Railway. think there Ia no
doubt that the charter expired by alton.
Ia.rr aaH M