New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-06-10
RAPID TRANSIT PROBLEMS.
COMMISSIONERS AT WORK ON A ROUTE
SEEKING LEGAL ADVICE on The LoOPHoLE
OFFERED BY THE CONSOLIDATION
AcT-GovERNOE HILL AND THE
CABLE RAILWAY BILL.


lawyer, that the Court Of Appeals had decided that
inc CONSERVATION Act took precedence over previous
eelsauoh ana because this consolidation Of the laws
affecting the city was in 1882 when the language
Of the exemption clause Of the General Railroad Act Of
1873 was restored. The amendment to this law
shutIhs ont Fourthave. and Forty second ST.. was
maze IN ISL. Mr. Deerng the lawyer in the
case winch he gave precedent for the government
OF the kapid-Transt Commissioners. In the case to
wmch he referred the Court of Appeals decided that
the Consolidation Act in taking precedence over pre-
viouS acts, when there had been changes and amend
ments made, applied to special and local laws passed
for the benefit Of this city.
\ wide distinction exists between special and gen
era laws. and the Railroad Act of 1879 passed
general law and entitled An act 10 provide for
| the construction and operation of steam railway or
| railways In the counties Of the state in the first
section Of th, law provision is made for the appoint
mcnt OF a commission to lay out the routes and
decide upon the kind Of road wanted by the super
vsors Of the county, while when the route i, to be
wholly within the limits of any city the Mayor Of
that city shall appoint the commissioners. In the
| original law certain Newl and Buffalo streets
we're exempted from for railroad purposes. Six
years later, when efforts build elevated railroads
In Brooklyn being made the property owners In
some Of the streets Of that city had exemptions in
cludcd In the BILL which have kept the elevated road,
from several streets. il I'm doing this that the
! change In a word made what tho Rapid Transit Com
missioner, decided saturday wa Chinese wnll
over which they could not get. the law prohibited
the placing Of route over. under through across
| the exempted streets
The Rapid Transit Commissioners think now that
! the Consolidation Act has made = hole for them
| through which they can put Rapid Transit route
They have secured. tho opinions Of several LAWYERS
on that point. but 50 far they arc not entirely sat
J iSfod tn Just what they can do. Two LAWYERS
sent word 10 the commissioners Yesterday that the
] ion Act ak
| legislation, Will" third held that. as the act was
merely q Coiihcation Of laws relating To New York
! only. II could not aAcct any general laws When
the Commissioners lad heard both silc, of the duos
ton. they found that they were no nearer solution
Of the LEGAL problem chan they last saturday
August belmont and John H. >tarin. Of the com
missioner. have been made a law committee Of the
Commission and TIN, morning they viii confer with
several lawyers. In the meantime the rc,t Of the
Commission. Woodbury. Laus io-- Orlando 3. Potter
and William srcinVay. viii work over a route maps
and plans
\ ful meeting Of the Commissioners was held YES
to-day afternoon VI. Stcrway's Office IN Four
tccnthst. After long discussion II was decided
that the Law Committee should continue getting
legal opinions. John " Bovcss. who h1- lcca olt
Of tho city FOR some tine. !, expected ~ return IN
time TO give nj, alv.c. NJ Potter and Nr. Lang
| DON who with Mr ~tcinwiy make ~, Route Com
miticc. have practically decided upon Lie 10 De
! confined
tcrtion more 10 tho lower part If the city. II
VII Doe q question Of ouIy a NV cays when tlc
Commit sion VII mako i'e report Z" the Na,or giving
the route decided upon for a steam road.
Tie COMMISSIONER now have ONLY about Ten davs
IN which 10 make report 10 he Mayor only
10 days are allowed for the Commission to com.
pl~c he WORK for which y 8. created and uo provision
exists FOR extension " time. All the meeting II
the Commission have been hold with cl1-"d door.
\ largo number Of representatives, Of various inter.
csf, ha,c appeared nd have had hearings. While
hl-hc or more Of letters containing plans. hunt, and
suggestions, II many Minds have been received. ne
probabilities arc mat time Vtl be given up -
public bearings. besides LAYING ont The route AID
advising plan for a railroad. they must obtain The
consent Il half Of the property owners along thc
route selected. open tho books OF TIE proposed com
pany FOR Subscriptions prepare arolcs Of a''ocailon
and IN fact. put the company n operation within the
100 days allowed Mr.. -,cnway Intends 20 -An for
Europe on July g. and the COMM oncr, hope 10 HAY
tho route selected and all OF their work done by that
time
on the route now proposed the commissioners have |
not decided Whether or not the road VIII be- ynduc;.
elevated the surface or 90 tunnel II Lexington
ave selected Tor the uptown route uoF se"us q
10 pretty generally understood 20 b. Tho comms, oars
Intention various conditions exist which may result in
this part Of the structure being partially underground
on The grade through vaducts and elevated. - tho
avenue has many hin, and dcWc..lons Tic con-
missioner, regret exceedingly that Fourth ave above
Forty second II. {, exempted by tho law for TIL, s tho
widest and most perfectly laid out street for railroad |
purposes IN the city
The commissioners have given mn'h thought 10 'hc |
route 70 be taken the upper districts 80 that both
East and West sides N the city may have the al
yaniagcs Of RAPID transit Tho 'Vamp Lands near
spuytcI Duyyl present 4 problem which they think
Will be hard TO solve. The engineer 81 the Com
mission has these difficulties under consideration and
his report will be- ready within day or two.
Governor HI has increased his Lst 81 cnem"'
largely by allow ne the Cable Railway bill 10 die a,
The promoters Of this scheme were many and inolHde
Democrats who have heretofore supported him Loyalty
with votes. influence and money. Tho cable railway
people have all along been that the Governor
would sign thi, bill If 1t got to him. and MP 10 ~.
terday morning. when they Rad the list Of bills
which he had killed they expected 20 find that his
signature had been affixed % IT, He Is now bclne
accused by them Of rcachcry and cowardice' ana
acting with his usual amount Of Inconsistency. Tho
Cable Railway bill has had bad name ever since
n, insertion in the list Of measures intended grant
franchises for the construction of railroads through
the streets Of this city. The Commission which ltld
out the route, which the cable railway company now
claim, Wa appointed under the same law rs Mayor
Grants Commission. owing. however 10 defect
in the charter Of the company It has never had any
legal existence and various legislatures have acteh
upon a bill restoring Ne to the dead franchise.
Thi, f. the fret time That the bill has been In the
Governor's hand, Every effort made 20 get
votes for IT, and members Of the Assembly who were
honestly IN favor Of the bill, did not dare TO vote Tor
Il because the cry Of bribery raised II was
said Yesterday that a large sum ~ money went 10
Albany 10 oil the tracks which this bill slid through
the senate aud the Assembly. The friends Of inc
hill now regret that tho did not pass IN tnc
TO become a ten day BILL and Ike the Hudson
River bridge scheme slip through TO the secretary Oh
II atcs Office without the Governors signature Ii
The provisions of the Cane Railway bill were uuu'r
food none opposed II more than william rtlhNdS,
o The Rapid Transit Commission After he iah r,'H
Inc bill he said that he did not see what the'e Wa
I'm IL al all Objectionable. " II the Governor l%a
signed this bill he said Yesterday, he woud hae
removed all doubt 10 the position OF the Jaw
relating 10 oar difficulty. IL would allow us withont
a doubt, to 20 upon certain streets when We ""iiu
Ike 10 use. but which are now excepted we WV"p,t
mnt now be in qnandary ~ 70 how the Court OF