New-York tribune., 1884-03-01
RAPID TRANSIT ROUTES.
COMMISSIONERS MAKE A STATEMENT.

DENYING ACCUeAUoNs THAT THEIR ACTION II
ILLEGAL.
The RaIid Transit Commissioners yesterday
discussed the time within which it should be required
that te roads on the several rOutes LAID out should be
built. An opinion received nom Wheeler H. Fech-
ham and T. r. Bacon, special counsel to the Board 10
whom the brief Of the Forty second Street Crossown
Railway Company had been submitted declaring against
the right claimed by that company to lay MS tracks on
the roue through Fortysec0ndst selected by Che Com
mission.
In reg&rd 10 the published statements made that tho
Commission had illegally designated certain routes ana
set the Rapid Transit act at defiance the three Comnis-
soners constituting the majority Of the Board who were
named IN the article issued statement which was i'll
part follows:
Those routes we're al passed with the following pro
yso: Provided however, that tis resolution Is hgtli-
tended TO aupf and shall not be deemed 10 apply 10
those streets avenues places lands, OF any par or
parts thereof which this Board OF Commissioners ~
not authorized Dy law ok determine and Ucale route
or routes OF railway or rtilways Chapter 4ro OF te
laws OF 1851 couemplates that tne commissioners
locate routes across prohibited streets ana al
though such location does not egaZe route across or
on scb Streets gt IL lesaizcs that portion OF such
ropfe or routes on streets not prohibited the courts
mad previously held This act and the decision Of the
courts may bo fairly said TO invite 10,
streets in the or crOssOWn roads crossing FiH
awe awe abore FoTy.econds But assuming prohibit
ton against CROSSING those streets and 20 DC CON
stitutiona within the Intentions o. Ine s
Amendment Of 1875, r0dte r0Gtes so located cOuo
only up TO the prohibited streets ana avenues ana
stop. and begin again oh TIC upose sue ana ,n %
tnue on through tho legal port on VI the route mus
compelling passengers 10 walk over the proDted streets
aud avenues until such tiur the Legislature shal re
move the prohibition against using inc same tOI con
inuous transit The Commit ohcta having tH!s III VOW
carefully rofrained authorizing tue cross,tOWh
routes from crossing the pOhibed streets ana places
There IL still smother consideration which entered uto
The location Of The crOssOwD routes N tDe manner ana
lon We done. II hss been gravey uiSed 9eioFe VI
by our counsel that the prohibition IN the RAPID transit
laws against locating routes on OF over certain 'Lees
and AVENUES s Unconstitutional that being also e view
which GOve Cleveland took Gi the quesOn IN hieIuss
10 sign the general Street Horse Railroad act passed. ny
the last Legislature But ~ thst question carGo haVeJh
aical unless Or some 0thei
sveuues aud a corporation formed 10 construct Iali-
roads such routes eoI1es INTO court ~
majority Of the commission deemed 10 proper
while avoiding express c"mnitial on the subject,
he raised and tested periodically, as provided t0r ny
subsequent legislation This purpose ei te commission
IA accompanied by the proys0 above recHd "hlch h az
tAohed 10 every route located by the Commission
THOMAS T.. STEWART,
ABRAHAM L. EAKLE,
EDWiS K. LNEKMORE.
To TRIBUNE reporter Mr.. Ste ewart said;
when the Iexington-ave. route came up 70 be voted
upon The question as 10 whether the board nad
power locate q route across tOrtyseconl-st, tpe
co,nseI IN tine Board who then present, gave the
oninou that the Board had such right The preedent
ex pressing himself not free or douht on he poh pro
Dosed the affidavit 20 the preamble ana resolution TO
ferred 70 iu our statement which was adopted.
Mr. Liyermore said There Is truth in the state
neut that the Commissioners have done anything that is
NOT strctly In accordance with law" President Smith
sad The provso In regard 70 the Legality Of the routes
established was added TO the description Of every route
Tint ought 70 be enough TO answer the charge" Mr.
Earle saidi Personally l do not think the Conlms-
soners should stop these charges. They are
made for express pHrUOse OF putting these Comms-
sioners st loggCrheads."