New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-09-28
PERMISSION TO USE CABLES
WILL THE CITY APPROVE THE cHANGEq
STATE RAILROAD COMMISSIONERS FAVOR THE
SECOND AND THIRD AVENUE RAIL
WAY COMPANIES

| WAY COMPANIES.
| State Railroad Commissioners Rogers, Rickari and
Baker met at the OF the Chamber Of Commerce
yesterday to hear plea by exstate Senator Grady
tending to prove that the New-York, New Haven and
Hartford Railroad charged exorbtant and dis
eliminating fare to the new racing track In West
chester County. Mr.. Grady asked a postponement
OF the matter because the counsel OF the railroad
company declared that its extra charge justi-
ned by the additional facilities given to the visitors
to the track. The company also threatened to with
draw all trains If its fares arbitrarily reduced
This threat suflced cause prudent retirement Of
the opposition forces. 1t is understood that the Rail
road commissioners, however, discussing the ques-
uOn whether their duties do not hold them 10 the
taxing Of proceedings themselves against the New
Haven road on the ground that the company charges
more than the law allows for passenger fares namely
three cents per mile
Counsel for the Second and Third Avenue Railroad
Companies appeared before the Commissioners I'm the
matter Of the use of the cable surface system by the
Ihlrd Avenue Company. The Commissioners have
practically decided TO allow the Third Avenue Com
pahy 10 use the cable motive power along Third
ave, the Bowery and Park Row. The Second Avenue
Company was represented by General James NJ Var
mum and the Third Avenue by Edward Lauterbach
The counsel finally agreed on the points In dispute
between the two companies by which the Second
Avenue Company IS secured in the use of the cable
condults as common property of It and the Third
avenue ROAD. The agreement will be embodied in
he formal decision OF the State Commissioners which
VIII be made public in a few days
commissioner GilrOy said Yesterday that he had
received no official notice that the State Ra road Com
ssiohers had granted permission the Third Avenue
RAILROAD Company to change its motive power no ther
mad he received any application from the company
for permit to tear up the construct cable
road lie declined to say what he would do IL such
an application should be made
Corporation Counsel Clark said that the action Of
the Railroad Commissioners does not settle tho matter
1t was the purpose of the city authorities no said to
oppose the change, the ground the act ahorz
ing the street railroads change their motive power
without the consent Of the local authorities is uncon
stitutional The permit Of the Commissioner of pub
lie Works to open the street for railway construction
was still necessary under the act. Mr. Clark added
that James c. Carter, who acknowledged
authority upon constitutional law, fully concurrei
with MIN Ia his opinion.
TO Tribune reporter Mr.. Lauterbach said Ap-
pcaon 70 open the streets lay the cable trenches
VIII DO made to the Commissioner Of Public Works
should he withhold his permission application for a
be made to the courts. AS 1t is the expressed In
IGNITION OF Corporation Counsel Clark 10 contest the
railroad commission with power to give railroad
companies the right to change their motive power
on the ground that the state has right inter-
fere with highways belonging to cities and towns
u viii probably be some time before the question
~ lssuo Will De ucllnltely bcitIed.'
Henry HAT, vice president OF the Third Avenue
company. sad that he could say nothing as to what
would be done untn the commission had male its
report. Then a meeting OF the board Of directors
would be called and a plan Of action decided upon.
The company was all ready TO go ahead with the
work. he said the money for the purpose had been
raised, and was ready for But In granting the
privilege requested, tho commission might impose
such conditions thar the company could not comply
with them. ami the scheme for that would
nave to be abandoned. Therefore, until he knew
exactly upon what terms the company could change
its motive power, he could not say what would be
done in the matter
It is said that the conditions upon which the de-
sired change be made are THAI the centre
bearing ." r. rail now in use be substituted by
a fat, grooved rail; that the company remove
the snow and ice from space three feet on either
side Of its tracks, and cart II away that II In
laying its trenches any gas water or other pipes
be disturbed, they be restored to an equally good
condition, and that the pavements be relad in
manner to meet the approval OF the Commissioners
nj Public Works Besides this, the speed Of the
Is 10 be such that they will be constantly under
control.