New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-06-08
IT IS A CHINESE WALL.
BAD FOR THE RAPID TRANSIT PLANS.
THAT LITTLE WORD AND" HAS BLOCKED THE
COMMISSIONERS AND THEY AcKNowL-
EDGE THEIR HELPLDssNEss.

shut IN sbon and 90 out of Office within tie
next few DAYS and NcwlOrk Will he no nearer
the solution OF the Kapid-Transit problem than
it was a year ago. The barrier which has been
erected against any railroad companys obtaining
the right 10 90 in Fourthave for It's entire leneth
or in Forty -second-st. from river 20 river MAKES
,seless any further efforts on the part of any one
10 solve the Rapid-Translt problem under char
tcrs obtained since the passage of the amendments
10 the Railroad act Of 1881 Under no con-
sideration of the law can a railroad cross for|-
second-st in any way and Fourth-ave Is en-
trey shut out from use.
The fears of the Rapid Transit Commissioners
have been fully realized. Tic messenger
who was sent to Albany last night by
William Steinway, chairman of the SUD-
committee OF the Rapid-Iransit COMMITS
sion. went 10 the Secretary OF STATES once
in the Capitol and compared the original en-
crossed copy of the act of 1851 Win type
written transcript from the laws OF the State, 10
see if the fatal and" was in the bill when NJ re-
ceived the signature of Governor Cornell. The
morning papers had already advised the Secretary
of State of the coming of Mr.. Steinway's mes
senper. and the original copy of the bill had al
ready been procured from the vaults and search
for the word begun before the man reached the
Office.
The little word which makes any further Work
of the committee useless is found in the fourth
section Of the act of 1881 which Is an amend
ment to the act of 1915. 1t was under the pro-
visions of the law of the last-named year uh''
the Mayor appointed the commission, ana IL was
under the same law that the commissoheiS aP-
pointed by the Supreme Court LAID out routes lor
the Cable Railway Company. The Original Id"
appEed only TO this city, as cities having popu-
lation of less than 900 were not affected oy
It. In 1881, when the Brooklyn Elevated Kali
road Company wanted to construct an eicFa'ed
railroad, the law modified making IL Apply
10 that city. Propcrty-owners living in various
streets of that city made a vigorous opposition
TO the amendment and they wased
stiff fight against it in Albany. Finally
compromise was effected, which resulted i'll the
exclusion of certain streets, and the addition oil
clause providing that longitudinal road would
not be prevented from simply crossing the street.
At that time all the interest i'll the elevated
railroad legislation aud street road legislation was
directed toward the provisions which applied 10
Brooklyn. Little no attention was applied I"
that part Of the section which controlled the
construction OF street railroads for this city
The compromise was not reached until the last
days Of the session OIL 1881, and the measure
itself did not pass until late at night os the day
before the adjournment. II was during this
time that the wording of the section was changed.
which shut out the two Ncw-fork streets most
desirable for rapid transit road
In the act Of s75 Forty -second-st. was not
excluded, and Fourth-ave. was only exempted above
Forty-second-st The changing OF the word
"above" TO and" in 1881 exempted tho streets.
as was pointed out in yesterdays Tribune.
IL seems to be remarkable that this great
obstacle has not been discovered before this time.
The railroad laws of the State have been poed
over and studied line by line, word by word, thou
sands of times by lawyers having wide reputa-
tons for shrewdness, sagacty, ability and quick
ness to catch point Two OF New-Iorks best
known lawyers went over the law for the Rapid
Transit Commissioners but failed TO discover the
barrier which exists in it.
The Rapid Transit Commissioners feel greatly
charmed because their Iabors Of weeks are
thus 10 he thrown away. Since the organize
ton of the Commission over 700 plans
md maps have been examined, and
dozens OF inventors OF railroad schemes
have been heard. The commission had, moreover
practically decided upon route Tor fast road
II was 10 be up Fourth-avc. TO the Grand Central
Station, and thence up Railroad-ave to Harlem
But, as it is impossible for them to consider
Fourth-ave for any length and Forty -second-st
is barrier which cannot be gotten over, under or
through the effort TO lay out route will probably
be given up.
A meeting Of the commission has been called
for tomorrow afternoon at William Stclnwoy
Office in Fourteenth-st when Mr.. Steinway Will
lay before the commission the facts, and future
action will be decided This will undoubtedly
result in a report, which will be presented TO
MAYOR Grant with the compliments of the COM
missoncrs, and another copy Will be forwarded
10 the Legislature in Albany
The Rapid-Transit Commission when appointed
was named. it is generally believed, by Mayor
Grant solely for the purpose OF giving Assembly
men Fish and Gibbs anu their followers an excuse
Tor refusing TO support the Fassctt BILL which, II
it had been passed. would have settled every
point raised.
Bv this time a commission would have been in
o. fair way 10 announce routes and plans, and New
York as regards Rapid Transit would be many
months ahead of the position which II now 0ccu-
pies But the Tammany Hall whip was cracked
and Senator Fassetts measure was defeated In the
Assembly.
There is some talk OF asking Governor
Hill 10 call an extra session OF ule
Legislature, SO that the law can he changed He
has already refused TO do This as Rapid TRANSIT
for New-York is purely local measure.
Mr. Steinway the chairman of the sub-com-
mittee of the Rapid-Iranst Commission said
yesterday:
MY worst fears have turned ont 10 be true. lc
ceved at 10 O'Clock this morning telegram from my
clerk who sent to Albany 10 compare the or1gna
law In the Office Of the Secretary Of State, saying tina
the word and" which has created all the mische
With Ms is in the original law. That settles II Ou
hands are tied. A Chinese wall has been put acros
the CITY, and cannot over. under or through 1t
have called meeting Of the entire commission 70
Monday afternoon, when our future course VIII b
talked over. do not sec now VIC can do anytln
except make final report 10 the Legislature and g
ont OF Office. sincerely sorry that this obstr7lc
tion is in the law. Here were five honest men Wit
no axes 10 grind. honestly trying 10 give New lorl
rpd transit, and to find our efforts useless by wha
Is evidently intentional Interference with the la,
s hard indeed, .
Inc alteration discovered N the Rapid-Iransr