The sun. [volume] (New York [N.Y.]) 1833-1916, 1890-06-08
WHO TINGERED THIS ACT?
A LITTLE joker F0RBIDS NEW FORK
my MURE RAPID TRANSIT

IL was SlSiy Put In that Its Existence
WINS Not discovered Even when tue Son-
soIIdntioa Act, PurportInR TO Declare the
Existing Inv, was Enacted.
The substitution OF and" for above" In
tho railroad act OF 1875, as amended In 1881
bids fair ID knock tho plans OF Mayor SrAht B
RAPID Transit Commission into q cockeu nat
at least 20 far as the present yearis concerned
william Kite the messenger who had been
despatched by Secretary William stcinway
of tho Commission to Albany to get
certified copy OF the act. returned
yesterday afternoon. Tho COPY Heriies
the fears OF the Commissioners The Com
mission was appointed under chapter Cos OIL
tho Laws OF 1875. which eXempts number OF
STREETS from the building OF any rapid transit
structures upon them, such as broadway.
Fifth avenue below Fifty-nSnth street. and
Fourth avenue above FortY-second street."
This. OF course. would leave Fourth avenue bo-
low Forty second street open. But In chapter
4s5 OF the Laws OF JsSl. amending the act OF
1875 SO as to accommodate brooklyn people
with rapid transit. 1t is found that tho word
"abovo" in the previous act Was dropped and
the word and" substituted 30 that it now
reads Fourth avenue and Forty-second
street." which not only eNempts the entire
length OF Fourth avenue from ITO opetation 81
the proposed rapid transit line, but also. us the
Commissioners believe, prohibits them rom
locating a route which goes either over or
under or across roriy-second street.
ers to utilize Elm street. l.a!hyett1 place
Fourth avenue rs lar as forty-secnnd street.
ind then branch oil either into Madlson OF
Lexington avenue.
While regretting the situation, Secretary
Steinway could not help admirinE the clever,
been billed MI it IS the snrewdest niece q
business | ever came across" he said 1T not
only prohibits us from building in Fourth ave-
nue., but 1t makes Forty-seGond street, IRON
the East to the North Rivers. q Chinese wall
which we may not pass, Under this provision
wo can neither 40 under, over, or across that
wording oil the bill must have been the work OF
design; t is the only change except that re-
Personally Mr.. Steinwav thought the only
recourse Of the Commission would he to recon-
mend to the Legislature n change in the exist
RG hs Rs IN the Gs
under which the Commission was created pro-
vides that 1t shall locate the new route wit hin
sixty days after the act was passed The sixty
days will be up on June -, or practically on
June u, rs the 22d falls upr n sunday.
The Rapid Transit Commission appointed BY
not discover this change in the act OF 1875. That
is not more singular than tho fact that the
change If 1t existed was not discovered by the
July /, 1882. This act is entitled An act to
consolidate into, one act and 70 declare the
special and local lays affecting pubic interests
Is chapter T city 40 of Ns ke Laws Of fnq ss2
law that is Of later dale than the tinkered
ing in 1882 OF chapter 6O6 section 4, o! the law
OF 1875, to be that there shall DO no iupid
transit railway on Fourth avenue above"
Forty-second street. not Fourth avenue and"
Forty second street.
Mr.. Steinwav has called q meeting OF the
William I. Worthen, for Monday. ut T. NJ. at
Steinwuy Hall.