New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-01-27
TRYING TO GET 4 LINE ~ FIFTH AVENUE
A TROII 81 sENT TO IHE LEGIsGATUEE-A PECuIlAI
BILL INTRODUCED.

BILL INTRODUCED.
IRON rur ErSCLAE cFtLIr'">"Ni OF the TRIBUNE
ALBANY, Jan. 2G.-Dayid l.. Milliken, jr.,
secfetary Of the Union Ieaguc. Is IN Albany tn the
character secretary Of tho Association for the Pres
oryatiou Of IIfth ave. Thorou5hi.rc" The cniel
aim Of h, association s. To keep tie avenue free from
stree. railway Beaten before the Board Of Aldermen OF
York and With au opinion Of the Attorney
General ot the state against them. he lifth Avenue
Railway Company seeks 10 induce the Legislature
to Tas. bill rel nsmg that law OF 1880 which forbd'
the construction OF railway in Fiith-ave The CON-
pAny &. working secretly here knowing that /. would be
impossible gain the consent oil the Legislature openly
1, "a repeal TN. Mr.. Mnknu To day distributed "A
proc. of the residents and near Aaye against the
passage ~ a repeal til. Polly 1000 persons sign the
protest Tho let embraces the Vcaltho,t men In New
York TAcy declare that a railway is unnecessary.
n T. not d-s ei by the ctsons ~ large whose Interest
in Keeping Fam unobstrucied IA equal to that OF
the residents thereon Il would permanently interfere
with the cul y ncnt of the avenue rs the only now
remaining free carriAscway 20 Central fArk. IL would
Introduce element of danger To pedestrians The
authorization Of such railway against the wishes OF
those whose interest would lee most affected thereby
wond bee hut an arbitrary exercise o power IN favor OF
those ho have not the welfare OF the city In view
Tho list OF the sSnrrs De ns with the name OF Edward
Cooper No Ftuh avo. and ends with that Of Jacob H.
schtn No 032 Tlih-aye. Nearly every resident and
property owner F:th from Washington Park to
Nneteth IT. signs the petition In tie cross streets IL"
proportion OF sleuers is ~ great
Mr. MrClcIl1nd Of Westchcstcr County, introduced u
b.l 10 the Assembly which some lawyers SAY Will permit
% the construction OF railway In Frfhave from tho
Harlem River to Fifty ninth IT. II IA suspected that
when tho bill Is considered by the Railway Committee
the prohibition against building tho ROAD south Of Fiy
uthst viii cancelled ON IT. face the b also gives
some company the right to Lud railways In the an
IeNcd district north OF the Harlem River. The bill
amends the wcll-Gnown Rapid Transit Act OF 1870,
drawn by Governor Tden aud put through the lccsla
ure By Nj. Hustled. Under this law all tao elevated
railroads Of New York have been constructed. Nr.
McClclands bl declares that the provisions OF that
law Chapter GO6 OF the Laws Of 1870 shall apply to
other motive power " than steam railway or railways.
II reduces from tity to twonty-hy the number OF
reputable househoders aud taxpayers" who may
appy for tho building OF additional railroads and
reaurcs the to be located on the route routes OF
/ any railway or railways contemplated" Members OF
| neIeelslature suspect that tho bill drawn the
interest OF the great cable railway corporation that For
the last year has been Attempting to gain possession OF
the street. OF York The hill is given In fun below
Section l. Chapter COG OF the Laws OF 1873 Is hereby
amended - To read rs follows:
section Whenever t shall appear by the appllCa.
tlun Of twenty lyo reputable housthoders ana tax
payers route or routes OF any railway or railways
authenticated any county In this state verified upon
oath before Justice Of ho supreme Court that there
need Ia such county of steam or other motive power
railway or railways for the transportation OF passengers
mills or freight the Board Of supervisors Of said county
after the presentation 10 thrm OF
such application duly verified as aforesaid appoint nve
commissioners who shall he residents OF the SAID county
and who have full powers and authority 10 do aud
vide all that they heruinafter directed to do and
uroylde end certificate OF whose appointment signed
by the chairman Of such board shall DO od In the OdCo
o' the Secretary OF state ana duplicate thereof Ill tho
office Of tho Clerk Of SAID county but whenever such
proposed railway shall 10 wholly In the limits OF any
city In tho then such application shall be made
only To the Mayor OF said city and such Mayor shall
apppint such commissioners "a Aforesaid"
Section Is hereby amended ~ hs to read "a follows:
4. SAID commissioners shall within thirty
DAYS after such organization determine upon the
necessity Of other olive power railway
or ralIwnys and II they lind such railway railways to
he necessary such county they shall within sixty days
after such organization fix and determine the route
routes for such other motive lower. railway
railways, and tho SAID commissioners shall haNs
elusive power locate the route routes OF such
railway railways over under, through the
streets places lands In suob county, except
Broadway and Fifth below Fifty ninth Vt. and
Fourth ave above Forty second St. In the city OF New
York and uxccrt such PORTIONS Of streets ana avenues
"a are already legally designated FOR tho main line
occupied by elevated or underground railway In
actual operation aud except such contained In
public parks occupied by buildings belonging To such
state, and that portion OF the
city OF Buffalo lying between Michigan and Main
and 10 provide for the connection Junction with any
railway bridge provided that the consent OF the
half In value Of the property bounded
and the OF the local authorities having the
control of that portion of street or highway upon
which Ii Il proposed to construct or operate such rail-
Way railways be first obtained or In case tho cOu
OF such propertyOwnsrs cannot he obtained that
the def erin of three commissioners appointed by
the General Term OF the supreme Court In the district OF
rOposed construction given after due hearing Of
all parles interested, and confirmed by the court that
such railway railways ought 10 be constructed or
operated by taken IN lieu OF the consent OF suoh property
section / This act shall take effect Immediately.