New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-06-17
UNDER HOUSES AND STREETS
RAPID TRANSIT COMMISSIONERS FAVOR AN
UNDERGROUND ROAD.
THEY HAVE PRACTICALLY DECIDED UPON 4
ROUTE, BUT AN OLD CHARTER CASTS
SHADOW on THEIR HoPS-To
EOIIAW MADISON.

The Rapid Transit Commissioners have prao.
tically agreed upon route which will be prob
ably announced through Mayor Grant by a report
TO be drawn up at a meeting to be held tomor-
row afternoon 1t is likely that the route to be
decided upon will not extend further north than
Forty-second-st, in consequence Of the uncer-
talnty as TO the rights Of old companies which
have charters dating back for years. The
powers Of the Commissioners and the effect Of the
law in this direction have been almost much a
block to their progress was the discovery of the
amendment in the law Of 1875 excluding Fourth
ave. and Forty-secOnd-st from use for railroad
purposes.
One of these old companies is known as the
New-YOrk Central Underground Railroad to which
a charter to construct underground railroad
from the City Hall to Forty second-st. granted
twenty-five years ago, but under which nothing
has been done except to fight for an existence In
the courts. The original charter was granted
to Origen Vandenburgh, but the stock Of the COM
pany long since absorbed by others Ed
ward Lauterbach, the well-knOwn railroad law
yer, is at present the attorney for the company,
and as late February last suit in the
courts against the city on the question Of it's
legal existence a railroad company. The route
for which this company originally held the fran
chsc from the City Hall to Centre-st. to City
Hall Place, through private property TO Mulberry
ST., up Mulberry TO MariOn-st., through Marion-st
and private property to Lafayette Place. up Lafay-
cite Place to Astor Place and Fourthave from
Fourth-ave. under Union Square to Seventeenth
ST., under private property TO Madison-ave., and
up Madison-ave to the Harlem River. Argument
is shortly to be made before the Superior Court
for adjudication of this companys right to
certain sections of the
IL Il De- IL TpoN CiA
Commissioners have determined upon begins near
the entrance of the Bridge, running underground
up Centre-st to Pearl-st thence under property to
be purchased to Elm-st., near Fourth-st-, thence
up Elm-st. to Maron-st., thence under more pri-
vate property to Lafayette Place, through Lafay-
ette Place to Astor Place. across Astor Place TO
Fourth-ave., up Fourth-ave. to Forty -second-st
The Commissioners are undecided whether or not
TO 90 mp Madison or Lexington aves. to Harlem
from Forty -second-st.
If the Vandenburgh charter is held to be sound
and the company behind it legally in possession
of the franchise to construct road through the
streets which it claims, the Commissioners must
under the law. take this company into consldera~
ton in a manner which will not he liked by pld-
ders for the franchise of the road. Under
the law Of 1875. in Section No: 36, provision 10
made for just such cases as this. Ihe section
reads rs follows:
Whenever the route or routes determined upon by
said Commissioners coincide with the route or routes
covered by the charter of an existing corporation
vided that said corporation has not forfeited ts charT
or failed to comply with the provisions thereon re-
curing the construction Of a road roads within the
time prescribed In its charter such corporation shan
have power 10 construct aud operate such railway OF
railways upon fulflmen Of the requirements ana con-
dtions imposed by said Commission a. corporaon
specially formed under this act.
All that the Vandenburgh company now needs
10 get the best of the route is for the court to
decide that it still exists and the Rapid Transit
Commissioners TO lay out route along streefs
already taken up by the company. The route
which the Commissioners TO have settled
| upon is throughout most of the entire length
identical with the Vandenburgh route. The idea
of the Commissioners was to choose line through
which property of the least value would be In
iured There are no buildings of great value and
recent construction along the route they nave
chosen The most expensive building which
might come in the way is the Puck building
at Houston and Mulberry SITS. about twenty feet
of the western side of which may nave 10 ne
torn down If this route is the one agreed upon
the old plan Of widening Elmst. Will he carried
into actual operation. and this work VIII ne zone
along with the construction of the railroad. Elm
ST. which is now a narrow, crooked, badly paved
and little-rlscd street. will become n broad ana
wpll-raved street, and the old rookeries with
which it lis lined will disappear for newer ana
better buildings.
The Commissioners intend. however TO seek
further legal advice from James {. Carter. the
wcIl-known LAWYER who sent an opinion which
they never received that the Consolidation Act
takes precedence previous leGlslarlon. al
though an amendment to the general law, upon
tho noint now involved-the rights OF the van
dcnburgh company
The report Of the Commissioners must ne COM
plcted bv next Saturday morning at tne iaresn
or they will then cease to have the rlght 10 Ia!
out route.