New-York tribune., 1890-06-07
RLOCKED BY A WORD.
WHO TA,IpEREp WITH THE STATUTE?
THIEF RAPID TRANSIT COMMISSION FINDS FOURTH

THE RAPID TRANSIT COMMISSION FINDS FoUhAh
AVE. APPARENTLY WHOLLY EXEMPTED.
The Rapid Transit Commission has run up agaiisU
a snag which may prevent any solution OF INC
problem they are puzzling until the Legislature
has pulled the snag ont Of the way. one ntue "oru
of three letters has done it ALL the con]uhcuoh
"and." In the railroad act of 1879 certain sH0'o
are exempted from for railroads. inc "o'lih Va
the exemption clause being broadway anu rn'"-
ave. below Fifty -nnth-st; Fourth ave- ABOVE rory
second-st7 This simply prohibited the pnlloihs oi
road I'm Broadway or Fifth-ave. below tliN nih'h-
st. and in Fonrhave. north OF Forty 'y-seool'"->" Az
did not contemplate the exemption OF For'y-secoho-
81 nor Pourth-ave below that street. In 1ool' when
this act was amended to allow the construction OF
the elevated railroads in Brooklyn, a chahsc wac
made In the law that certain streets III nroohNn
wou,d ke exempted In doing this change was
made which will practically make 'he haPio
Transit Commission useless. The chahRe haue' is
1t now appears in the act makes the "oru aoo>e
"and- so that clause in the section of the law reads
Broadway and Fiftlave, bclo" fH'y hn"h ST.
Fourthave and Forty second ST."
This therefore exempte Fourth-avc. for its entire
length and Fort y-second-st. How the change was
made none but those who figured in passing the act
of 1881 can tell The bill did not pass until either
the last or day before the last day Of the session
through legislation which cannot bear close scrutiny.
The block in the progress of the Commissions work
discovered by accident and was first thought TO
be merely a typographical error. But every report
of the Railroad Commission for the last nine years
has the same wording of the law: have the law
books published by the state and certified to be
copies of the engrossed bill. which received the
Governors signature.
A meeting of the subcommittee of the Rapid
Trau lp afternoon
at the Office of William Steinway. chairman of the
subcommittee. There were present besides Mr..
Stenway. Woodbury. Lancdon and Orlando Il. Potter.
The committee met ostensiby 10 discuss and consider
various plans for railroads. but the fact that This
work may result in nothing did not allow the mem
bers 10 take so much interest in the work before
them as they would have done had they seen
clear track ahead. Immediately after the meeting
was adjourned Mr.. steinway messenger TO
Albany with typewritten copy Of the law with the
"and7 in ill., TO compare it with the engrossed act of
1881. The messenger is 10 telegraph Mr.. ste1nwav
Immediately the result of his research.
The franchises for all of the railroads which now
cross Forty -sccondst through il obtained
some time before the amendments to the Act Of 1873
were made. The change. therefore, does not affect
Them bit only new routes. Mr.. Steinway seemed
greatly depressed Yesterday after the meeting of the
Subcommittee. We have faint glimmer of hope"
he said that there has been only ID typographical
Railroad Commission for the last nine years has the
same wording and all contain that word and. II
the and i there hands are securely tied and
nothing be done until the Legislature amends the
law. The people who put that word in there knew
what they doing IOu Will see that the finest
avenue in the city. one simply perfect for a railroad
has been excluded from Fourth ave Is $50 feet
wide-Only thirty feet required for the railroad
leaving 100 feet for traffic. That Is twenty feet
wider than Fourecnth-st. There is room to put
viaduct road right top of the tunnel. up ont of
the and perfectly safe fear. however, that the
law Is so now that will be unable 10 do anything"
From what be learned il is pretty well under
stood that the Commission had agreed 70 report IN
favor Of a rapid transit route up Fourthave. 70 liar
lem. Nothing will he done, however. untl Monday.
when the Commissioners will know Just what they
can do under the law. II they and that simply an
error has been made in the printing OF the la" II is
probable that the route selected Will be announced
next Monday afternoon.
A number OF inventors Of systcrns Tor running
passengcrcars were heard Yesterday They advocated
underground roads. three two and one tier overhead
roads had a gravity road on the principle
OF toboccan- slide. Various men who have what
they consider be vested rights In streetrallroad
franchises appeared before the committee 10 protect
these rights.