New-York tribune., 1886-05-03
CITY RAILROADS.
THE CABLE SYSTEM AND IT'S oPpoNrvTs
COMPLICATED STRUGGLE AT AIBANY-Diyisjoa
OF OPINION AMONG TnE EAiLROAD


COMPLICATED STRUGGLE AT ArBAXy-Diyi,jos
OF OPINION AMONG TnE EAiLROAD
COMMISSIONERS.
rrRoM THE REGULAR CORRESPONDENT oy rHy rnrrr-. ,,
ALBANY, May 2.-Thc elevated railroads -
NcwYork desire to extend their lines TIE ices tls
suburban railroads beyond the Harlem River to ,bano,
their routes and the able Railroad Company to prt IL,
cables anywhere in any street on Manhattan leland
All these interests now attempting t. ACCOMPLISH
their aims with tile aid OF the Legislature All have como
in collision over lii introduced by Mr. I,vlcr a.,
Wostches;er County cl angling The routes OF The sub
ban rapid transit roads.
The elevated railroad people may be said 10 have 90.
aboard the LawIer train and the Tdacior has made no
objection But apparently Mt. Lawler thinks the caO,
system species Of tramp He viii not have this tramp
his train Once already he has put him OF cars
the present week aided by .he Railroad Commis on.
the tramp, who may be said to be personaed this
occasion only by Charles r. Shaw counsel oi the Cabe
Railroad Company, has boarled the train and now sss
upon remaining Mr.. Iawler under these circumsanee,
has stopped the train and refuses 10 proceed Jour
ney with his nil unless Nj. Shaw dsemDarks.
Sir. Shaw, has been stated, was helped u.oa ,hs
Lawler train by the Railroad Commissioners. This
action OF the Commissioners taken deliberately On
April Ii they requested by the Railroad COMMITTEES
o, the Assembly TO give their opinion OF certain amend
ments to the Lawlor bill suggested by Mr. Shaw which
would have tho ef ct OF enabling the Cable Rail gsy
under the Rapid Transit Act of 1875. IN brie, Mr..
shaw's amendments modified the RAuid Transit Act OF
1875 permit the Cable Railway COmTany to ac,
under II. The Railroad Commissioners went 20 New
York and hoard arguments in the city Hall on Mr..
shaws amendments. After thinking about what they
had heard for weeks the Commissioners returned tho
Shaw amendments 10 the Assembly Railroad Committee
on Thursday without Approval Nevertheless they
have pity for Mr.. Shaw and the New York Gable Rail
way Company They suggest to the Railroad Com ntteo
that tney modify the General street Railway Act OF
lss4 that the Cable company may retain such rights
IL had acquired under the Rapid Transit Act of 1879.
These rights in the opnionoi Commissioners Herman
AMI O'Douuell destroyed wrOngny By section 10
of the General Street Railway act. They say:
IN tho Railroad ect OF 1884 prepared anil
neudcd to the Legislature by this Board the Legislature
added the following provision without referring back
TINS Board section I6 n street surface railroad
shall 90 constructed in whole pat upon the
surface of street or highway under the authority Of
any commission s., arponIe4 n ey vine tas i, 81 enat
Act OF 1884 was passed with tls provision ln IT, raP.
transit commissioners unler the act OF '7j and It's
routes and had formed tho New-Yoik cable Railway
Company corporation % construct s road thereon
The corporaon IA! paid to the s9l5nets me IHm
or greater part O the sun of T)I4l5 - as stated "
the General Torn in Its OPT ion and had thus secured
tue right Under the law to proeeei and acquire tue con
o. the property and OF the Oca authorities,
provided OF course, that the preliminary pr"ceens:
regular aud that the court confirmed The right ot
the company 10 bnll suc ROAD as IL proposed nuuer
Transit At this point section l6 OK the
pIeme Court c0Dstutonav wiped out all the rights of
the New-York Cable Railway Company to proceed
further. Those remember tue memorable contest
the Legislature III lssi the general street
cates cable roads know that section 10 especially
b. the horse railroad interests whose object
the rapid transit act and to secure TO Themselves
for horse railroad purposes all new rodtes and extensions
In NewYOrk City under tho provisions OF the General
m az o re, No street ralro.d Shall
sf.If nl N nHn
face highway by any corporation orsan-
lied after the passage or this sct uuder tue authority 0
any commission appointed under the provisions OF
CHAPTER 606 Of the Laws OF 1870. The New YORK
Cable Company will then he left with Just such rights a5
it had obtained hereafter Gre under the hapt
Transit acts Under the amendment suggested hy the
Board to section 10 OF the General street Railroad ass
Justice will be the cable railroad company wi
oat thereby imperilng the rights OF either the local
authorities OF the property owners or OF the iublc
The above report signed by Railroad Commissioners
herman and O'Donnell Their mobilization o, tie Cen
era Railroad Act would prot ably admit the New
York Cable Railway Company to the streets oi New
York. Commissioner Rogers, however differs with lis
colleagues In minority report he says he d ems such
an amendment OF the General street Railroad Act as
they propose uexpelent and useless at present. e
also crtcises Mr. shaw's amendments proyfiine for
cable roads Fourth-ave. and Forty secondst New
York, ard certain streets In Brooklyn. Mr.. Rogers
further stamps Mr.. shaws head:
This Is the entering wedge II the main object OF tho
amendments, viz: give affirmative legislative
built under tue Rapid Transit Act This claim yisOr.
ousy opposed aud has been decided in the negative by
the Supreme Court in General Term. Mr. Rogers then
vigorously crcises score OF amendments proposed by
Mr. shaw. showing that they make radical amend linens
all the Rapid Transit acts aud the General street Rail-
Act and that they are unwise.
The Assembly Railroad Committee accepted IRE advice
" Commissioners Herman ana O'Donne so FAR ~ they
gested amendment to section l6 OF hs General
street Railway Act that would permit the New YORK
CaOle Railway Company TO operate llres Under tao
Rapid rrausit Act OF 1873. This they added to tho
ali the amendments O the Rapid Transit acts suggested
by Mr. shaw aud which condemned by all tue Rais-
road Commissioners. Assemblyman Lawler hearing Ot
his of his bill protsstel agast It's beng sub
nit ted to the Assembly Mr.. Cole the Chairman OF tho
Railroad committee therefore did not submit the bill ID
the Assembly Friday. Ont ie Will PROBABLY do eaiy
he present week. All OF Mr. Shaws ,m"udmenis wcso
ace epted the committee except that which would adj
NIT cable roads Fourth-aYe. aud Forty -second-st
Rut Brooklyn quite seriously affected by tho b as IL
stands the cable roads being freely admitted 10 III
streets.
THE SEND1Y TRTBTNE