New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-02-01

upon which all It's SUBSIDIARY pusinceS
proper transaction VIC must never forget that 4 the
Of yssh are also ae r NJ Ell afs With IL
mpaiencc Of traders who have been put to very great
hat they would have no existence at all but for the
foreign commerce OF the port which ns for any
and all circumstances 10 pronlpiy ProNiueu i"i.
THE STREETS.
Next in ORDER and fully equal in Importance, for The
cheap and easy conduct of business the provision Tor
we'll paved and weleleanod streets Very general AMI
lust complaint is made both TO the paVenents ana
the distinctions which be found In the streets OF
this city and particularly I'm the business portions be-
~ W 81 IN Sen,orahie i.dton and il cannot be
denied that needs be entirely repaved In The pest
possible Sufficient e. pei once has Deen sau
will stand except be made of stone of the right quail
ity aud dimensions placed upon cement FOUNDATION.
oi THIS kind OF pavement Fifth ave presents favor.
| able type. Nothing less durable should DO placed In
the lower part Of the city and tho Whole oi THAI portion
as tho work can DO done and the means be provided
paving is limited to 100000 per annun and the last
Board Of Estimate and .ApPotonment appropriate the
whole Of this amount But the work which oHghd 10 pe
would be just to put so large sum in tho tax levy
any year and therefore recommend thai anthor
y be secured from the Legislature to issue BONDS 70 10
known Rep2ving Bonds TO the extent OF S3oOO-
GOO. to DC expended in epsving such portions OF the
city as may bo most desirable. Inc interest on ,neso
bonds. and onecnth VI the principal should Dc annual
raised IN the tax levy ana psld sho ne s' woI5
mako ANIMAL charge Of about S4oOOOo, which, with
the authorized by law 1Oi "Ohiu
bring up the total annual charge TO be inserted IN INC
tax levy to $500 ,00o instead OF 100000 a. az the
present time. ] am that this weuld be measure
Of economy. and that the tax payers viii save Annually
in the faeIlity OF transit In repairs ana accdens' many
mt tie warning must given that this penditurc
will DO thrown If the streets are to be torn up as
exercise tire right disturb them pleasure for laying
| down pipes corduts and other appliances, AID FOR
making repairs TO the various underground cOmInunca
lions which hey control The extent of this eva may
be Inferred from the following stateent: During me
twenty five and hfyeiCht hr:Gicd his miles OF trench
0e99ea f 9cs os o ec 81 salt Wafer pipes ad
ncal feet of double rail tracks laid 1878 eAca
yations made for house connections fifteen ana iorty
two hundedthS miles of wafer pipe laid. seven ana
| twelve hundrcdilis miles of sewers buii ana many
and sewers making total so appalling as to Turn
ism analogy except in IN" rcSnifS OF vasi earth
quake Tho companies. controlling much Of this work
disregard for he rights Of the pli lie one c9mpnny
nuisance not merely becansc breaks M he streets,
| but bccsuse II Keeps them saturated with moisture
which wcatenS the foundation OF ne pavement II We
not the most patient people in the world. these
violations OF public right Guild long since have bcen
! brought end. The remedy undoubtedly for this
Of things IS the construction % adequate sbwsys
through the streets, operation that Will he slow ana
| expensive. The cost Of these snbways must he mot
either from the public treasury and compensated for
they must be constructed as the electrical subway now
being made. by company who viii collect rental
until definite policy IS adopted me oily aiern5 s
for the city TO restrain all parties whatsoever itoh
that the relay ing of tn" pavement shall De zone eHcI
sively by the city authorities under contracts with re
sponshle parties who will agree 10 keep The pavemenfs
| SO Reconstructed in good order as the remaining
pavement fer term Of al least three years The cost
Of this operation Should OF course bc dcfaNed Dy me
| companies which require the work 10 he done. The
present system IS absolutely nioierabc. ana recon-
lsIafure the work Of RELAXING and rcconSuc on
extensively in tho hands OF the Department Of Pubc
experience and sound Judgment OF the present Commits
sicncr Of Public works and indeed I do not see how
nny unprotected observer to other con
csion on the subject The same provision shond cx
tend to making connections for the supply OF ei IN
| private houses The Ffth-ave. psvement. which has
been constructed az a cost Of s47ooo0. Is now being
DESTROYED under by This process. and unless
during the present winter the matter taken ont II
the hands Of he plumbers the money thus expended
| viii be thrown away. without This change in the law
would MOI advise the ropavcmcnt Of the lower part of
s c 70 e1 5scm sTGs f9 ie eo %% De re-
Doubtless The change would ,, icssca ny me com
panias no have SO long abused the puzzle pa,iehce
hut e. lf"pe" hero - say TIA heSe cor pehes hare
acquired and acquire rights against the public
winch are no, snnct 10 me general P,Ls p"Wgp [s
holding public grants claim TO have vested rights bat
there are no such things as vested right. which can IN
erfcre with the power OF the community 10 90 NOSE
things which cSenfa for IFS growth. Us safety and
| have been made bun hen they come IN cn.l-r, ""
| the superior rights of nc people, Indemnity ma! be
f nI1 oS bose cplnnsnicS tcb have ,bel wori,
under The streets. bat Of I'll companies which occupy
mon witch The reb OF private corporannS 70 us the
greater faclitcs 10 the purpose which streets
the right 70 a7 raiis Int this light rom is very
necessity. le subject 10 The superior right OF
usad and even to direct the removal Of the rails. Il
the public Interest shall require T. have carefully
examined hc various grants made by the city 20 ne
street railway companies. ! find that IN some 81
them reservations are madN which might possibly
enable the Common Council TO regulate tho manner
In which the right shall De exercised both 10 rails
and "a 10 mode 81 transportation. In Other eases:
no reservations at all have been made In the case Of
! the Broadway Railroad the resolution simply re luirs
! the use OF the most approved rail mi; means: OF
by the best judgement Of he community. rrolahy 70
1 bc determined evidence in the courts hHi the
right 81 the city to require th' streets to he used IN
such manner VIII from time to tlnie promote tho
able. a rail that would bc a suitable to-day may
be unsuitable tomorrow and experience may develop
and rights which private parties may have acquired
cannot tc urged bar 20 The exercise 81 iAr cae
extreme case several Of the leading avenue OF the
| ritv are 0ccupea bv elevated railway stlur;ufos
the wants OF he public. IT, al some future time
can be no doubt that these companies could be required
TO adopt IL. ii Il should becOme necessary. they
could he compelled 10 remove their structures from
the streets altogether The question of indemnity
and cpmpc aton would BE- for the courts TO sc
tie but there can be DO doubt whatever that If IN the
course Of progress and OF invention the community
should require better means OF transport than de
vscd. It would be justified and have the undoubcd
power to make the changes thus required ealus
/ popui suprema lex.
The streets OF Nev-Y0rk are griGrOned with tracks.
They canBO; be removed, at this time cert ainiy with
out inficting great inconvenience upon the pubic.
They are necessary evils but there Is Just hcatOn
whatever for sets Of rails I'm the street,
| rs Fourcnthst. and now I'm FultOn-st.-ior those
rails TO be laid side by side 50 as 10 make trap for
the destruction Of vehicles. They destroy the pave
inen and It VIII be dhicuii when the very best forms
If rails have been adopted 10 keep the pavemeEts
I'm order. IS q matter of fact however these tracks
arc generally lad with tbs very worst form Of rail,
DESIGNED make AZ much obstruction possible IN
the streets for the Of ordinary vehicles This IS
contrary 10 law The Court OF Appeals has finctly
laid down the doctrine that street railways have no
superior rights in the streets and bound to
produce IS little Obstruction may be possible
sstenily with The % tbs tracks. Tho original
groovcl RAT far better than the present cenr'-
bearing rail but 1t IS perfectly evident that the rail
which Is IN IN turning corners and switches,
Consisting q plain pIale WITH narrow grOoNa IN n