The sun., 1890-01-21
THE RAPID TRANSIT SEVEN.
TWO TIMMANT MEN, TWO COUNTIES,
THREE Republican,


Provisions or the BnI Iatroduoed By Sens.
tor Fassstt-Mayor Grant Not TO Ap-
point-No Perpetual Franchise SoId-No
Interference with Corporations OF 1855.
ALBANY, Jan. 20.-The Commissioners
named In Senator Fassett's Rapid Transit bill
are Charles s. Falrchild. Secretary OF the
Treasury under Grover Cleveland, and now
President Of tho New York Trust and Security
Company; Col. William L. Strong President OF
the Dry Goods Republican Club and President
OF the Central National Bank; Joseph j.
O'Donohue. the coffeo merchant and Tam
many Sachem; Charles J. Canda. ex-Assistant
Treasurer under Cleveland and Vice. President
Of the Western National Bank, County Demo-
crat: Frederick T. Brown OF H. L. Horton &
Co.. Republican George II. Robinson
OF the Deamater Iron Works. Repub-
llcan. and Mayor Grant, Tammany.
There are therefore four Democratic Commits
sioners and three Republicans. II q vacancy
shall at any time occur in the Commission. the
act provides that 1t shall be filed by appoint
ment OF the Governor, by and with the advice
Of the Senate; and no such vacancy shall be
deemed TO be filled unless the Governors nomi-
nation is confirmed by the Senate. The bill
applies only to cities OF million inhabitants
Five members Of the Commission shall con-
stitute quorum.
The bill provides fos proceedings In the
usual way by the Commission. 1t may deter
mine from time to time on Its own motion
whether moro rapid transit for passenger and
freight is required or not and on the request
in writing Of the local authorities must inquire
and determine. II the determine alton is afflrma-
tive, II shall proceed to determine and estab-
lish the route or routes and the general plan OF
construction, and the concurrent votes Of at
least five members Of the Board shall be neces-
sary for the purpose Of determining and estab-
fishing such route or routes and plan OF con-
struction.
The usual consents are required from prop
erty owners and the local authorities having
the control Of that portion of street or high
way upon which It Is proposed to construct or
operate such railway or railways, or in case the
consent OF such property owners cannot be OBJ
tanned. tile determination Of three Commits
sioners appointed by the General Term Of the
Supreme Court may be taken in lieu OF the
consent OF such property owners; except that
no public park nor any lands or places, law
fully set apart for. or occupied by. any public
OF New York. or OF the United States, nor any
part Of Fifth avenue in the city OF New York.
nor m the ssd cT S Ss
said city. nor Broadway south OF Thirty
third street In said city. nor any street or ave-
cupled by any elevated railroad structure,
shall betoceupied by any. corporation to be or
parpose % Of Constructing railway way In In or m upop So
any OF such public parks. lands, or places. or
upon. or along either M, Of ,, the said excepted
SO construed as to prevent the construction OF
a railway. under the surface Of broadway in
public park, nor to prevent any railway built
under this act from crossing Broadway. or any
OF the streets and avenues now occupied by an
After the Board have selected the route or
routes and the general plan Of construction of
COPY pans h to ths
New York Board Of Aldermen. Within ten
plans and conciHsions Any Recommendations
or alterations or notifications suggested by
them must be considered by the Commission
or suggest other amendments, and must report
back TO the Common Council. Ali this must be
first report to the Common Council. The
Board OF Aldermen must then take final vote.
the local anthorites as aboye proVided eomes S
the work OF obtaining private consents or the
usual substitute. When all this, is over the
flcations - for the construction OF such rapid
transit railway or railways. including all de-
the greatest efficiency. public convenience and
safety, including plans and specifications for
suitable supports, turnouts, switches. sidinRs.
forms. stalrwsys. elevators, telegraph and |
signal devices. and other suitable appliances |
Board may approve as the best and nd most aosa
efficient system OF rapid transit In view OF tho |
@sT ia 9nf rs and the
plans provisions for subways or tunnels for |
sewer. gas, or water pipes. electric wires and
ground whenever necessary SO to do"
The Commission is then to advertise for |
it Of the city, OF the privileges and franchises
Of the road or roads. The Commissioners may
employ engineers and attorneys. and the Board
Of the Commtssioners.is to appropriate moneys
o enable them properly, to perform their
empowered to, issue bonds. Tho, articles Of
96 sDo
le signed by not less than twenty-five persons.
These ARTICLES must be approved by the Com
books Of subscription for the capital stock OF
.he corporation. This corporation must have
east 100 shares Of the capital stock. The di.
,eetors are to hold Office for one year. One
clause Is:
wherever the selected shall interssct crosu or
oineide with any railway track or tracks occupying
o Or any
urposs Of consrnc.ing said work to remove the track
3s4S%S p?S:!SS'
pSa Ss sSSstraescn ot such Sa under
sv Of 'Ais n.d
i, h. 'hs sond,on SS m which e. s as
'ionS to the construction OF any such railway
,ut under tho provisions of this act and whero
uch restoration Impossible because Of tho exclusion
rom such routes OF the tracks of the
amy or companies now occupying the same tho dam
Ke to such company or companies as we'll any dam
Ke which such company or companies may sustain
ecauao Of their temporary exclusion from such route
r routes shall be ascortained by Commission to be
Ppointed tho same as in the case where lands are
AIKEN for the purposes OF railway route routes
eIenbofore provided in this act All such removals
nd reBtorAtonR shall be made at the proper and
hArge OF such corporation have entered upon
he occupancy Of such street streets Nothing CON
aimed In this act shall authorize any corporation
omed Hereunder to use the tracks OF any horse rail-
ray.
The act does not interfere with corporations
rganized under tho laws OF 1875.
The Commission may employ engineers and
awyers to assist In the performance OF the du-
les OF the Commission and to see that the road
r roads ere built according to tho plans and
The Com mission shall sell such |
lights. privileges. and franchises for definite
erm OF years. but the expiration OF the term
hall not impair any mortgage or other lien |
pom tho property OF such corporation or the
ights OF any creditor creditors OF such GER
prnyila1 hnwaynr INIT har |