New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-07-24
THE CABLE ROAD QUESTION
STATE COMMISSIONERS AT WORK.
ADVOCATING THE SYSTEM ron THE THIRD
AWE. -CoRpoR ALTON COUNSEL CLARK
SAYS THAT THE RECENT ACT OF THE


Tho State Railroad Commissioners. William F.
Rogers Isaac V. Baker and Michael Richard, gave
hearing at the Chamber of Commerce yesterday on
tho apnIIcation of the Third Avenue Railroad Com
many ia substitute cable traction FOR horse power on
their line from the Posoficc to the Harlem River
The hearing drew a large attendance Of members OF
the Chamber OF Commerce. representatives OF electric
motors cables. and OF the other surface rallroids.
Among thnse present were Lewis Lyon aid enry Hart
president and vice president Of the Third Avenue road
W Uuclrns attorney for the Second Avenue road As
ssant CORPORATION Counsel Dean representing the city
Georc, 8 Hart president Of the secohd Avenue road
Ceorce L. Wright Of the River and Rail Electric Motor
Companv: George c. Lee Of the Central Electric Conn
pany O. c. Mccall. OF the Vogel & Whelan Cable
Company; c. s. Smith. president OF tho Chamber OF
Commerce r. D. Thurbcr, Lawson n Fuller and James
II. Seymour.
Edward Lauterbach, OF tho firm of Iloally, Lauter-
bach G. Johnson attorneys for the Third Avenue
road reciied the history Of that road and read the
formal application Of the company TO substitute caDies
for horse power. lie said that the use OF the cable
on the nehundred- and twenty-fth Street and Tenth
Avenue Line had shown the practicabllity and use
flness of that system for NewYork, and that It had
built up great commercial interests in Ohe-hundred-
and-twenty- lfth-st. lie declared that similar In
croase Of real estate values would follow tho use OF
cables in Third ave-, and that owners representing
two-thirds OF the value OF property along tho lne
favored tho change. The petition read was for the
use OF the same cable system that In One hundred
and-twenty- ffth-st.
Tie plans of the company provide for three dlvi-
sions of the line set of cables extending from
Harlem to sxy-ffth-st, from Sixty ffth-st. to
sixth-st and one from slxth-st. to the PostOIlce
A large power station wouh be built at at Sixty fifth
St. which would run the cables on the two upper
seciions and the power station for the lower section
would be built in the lower part Of the city. Tho
company would not, Mr. Lauierbach said, occupy any
part of the street except that between the tracks
Where its excavation exposed water or sewer pipes
It would suitably protect them and It would use any
stylo of rail which tho city authorities should ap-
prove and which should be suitable for cable traction
The cable would be duplicated all along the line for
use in case of accident and below Chatham Square
there would be third auxiliary cable to avoid all
chance Of blockades
Mr.. Rogers Of the Commissions asked many questions
as 10 the practical wording of the cable line and its
Interference with sewer pipes John II. Robertson,
the Superintendent Of the cable road explained the
method of separating cable cars when they become
"bunchedr Mr. Robertson was sworn and TESTIFIED
that no accident had occurred the present cable
road from the inability Of the conductor to unloose
the cable grip
Mr.. Dean of the Corporation COunsers office. pro-
tested against the Commissioners granting the ap-
plication on the ground that the act OF the Legisa-
tlrc by which the matter referred 10 this bOarl
contravened the state Constitution. Mr. Dean also
argued that the charter of the Thrd-ave. road,
granted In 1858, gave the company the power TO lay
surface tramway only, and that, under tho ruling
OF the Court of Appeals in the Arcade case, the power
to regulate this chafterrght, since conveyed by the
Legislature meant power to restrict but not to enlarge
this charter.privege.
Chairman Rogers said that the Commission couIt
not well declare power expressly conferred upon
1t by statute unconstitutional, and ruled that
the city would to take It's questions of law to the
courts. President Smith, behalf OF the Chamber
Of Commerce. and f. u. Thurbcr, for the public. pro-
tested against the OF the centre bearing ra.l5.
Lawson n. Fuller advocated the cable system on be.
half of property owners. lie had seen car running
ten miles hour stopped within six feet to save
child who had toddled upon the track The passen-
gers were thrown on their heads, but the child
This morning, at 10 30 O'Clock. the Commissioners
will meet at one hundred and twenty fthst and
Third-ave. to Inspect the cable road. The hearing
at the Chamber of Commerce Will be resumed To-
morrow morning at 10 o'clock.
Corporation Counsel Clark sent his opinion yester-
day to the Board Of Aldermen, called for by reso-
luton Of that body adopted on June 49, asking
whether the act of the Legislature known as Chapter
531 Of the Laws of los9 was not In conflict with the
state Constitution ms Is the act when SoSG fran
Mayor Grant. The act permits the railroad com
pany make any changes in The construction OF us
road or roalbed any time rendered necessary by
change in its motive power Under this amendment
of the General Surface Railway act Mr. Clark Oh,
change their motive power independent of the CON
sent of the local authorities lie takes
be- sustained After referring to the constitutional
inhibition which prescribes the mannec In when Iian
chlses for the operation Of street railways may 90
granted and showing that the consent OIL ,lo TISi
authorities necessary 10 render such grant Vailu'
The act can be sustained only upon the claim that
no railroad franchise is thereby conferred and that
inc franchise Is thereby attempted. l am OF the
opinion that this contention cannot be successulp
NbeS APPLIED to companies operating street rail,
roads by animal power, is TO confer new ffanchls9
burden, which, under constitutional provisions, can
not be done without compliance with the constltu-
When permission Is sought from the local an
horities construct and operate surface railway IN
shall be constructed, how much the general publlc
of The street is to be nterfcred with what space IN
the street IS ~ be occupied are plainly matters which
The local authorities to consider in determining
whether permission shall be given. and the terms
am therefore Of the opinion that the change Of
or electrical propulsion involves the creation of
new and distinct Franchise; such franchise as can
thorlties require the constitutional proyision;'
Mr. CLARK cites the recent decided by the Court
G %veua APp''ks aroaa ing company 1''' sad Of lie
ScEs seize The RaSyb beyond doubt in
OF his view and he closes by advising the Board that
provisions referred to, and is therefore unconstitutional
| and vOd.'
| Mr. Clark sent with his opinion exhaustive
! brief on the subject. prepared by James C.
| Carter. and submitted 70 the Governor at the time
he was CONSIDERING the bill Mr. Csrier declares that
| i'm his judgment the Commissioner OF Public Works
would be justified in refusing his permission for any
opening of the for the purpose OF constructing
| cable roads whore that description NJ road X not
authorized nv any grant other than that contained In
| the art in question
! Tho Alieimcn referred tic documents to the Law
| Committee.