New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-01-28
RAPID TRANSIT HEARING.
THE SENATE RAILROAD COMMITTEE ADOPTS
AMENDMENTS TO THE STEWART BILL.
PROPOSED BY JOHN NJ. BOWERS. EDWARD LAC'
TERBACH AND l.. T. CH1TTENDEN-Mh
BOWERS REPLIES TO SENATOR IVES
TBEB BILL TO BE REPORTED TO-DAY


Albany Jan 27-Aftcr a hearing that lasted nearly
,our hours the senate Railroad Committee tins ai'ei
noon decided send the bill into the senate again !"
morrow morning. with two provisions, one allowing
the Commissioners to extend the facilities OF the eIo
waited railroad and 10 grant equal privileges 10 lc
York Central and Hudson River Railroad Ool'-
many This cannot be done, however, except oS
unanimous vote Of the Commission
The rooms set aside for the use OF the coHlihIVVo
xrere crowded this afternoon with lawyers repeschus
various railroad interests and members OF tle Sei'
who are interested in the passage OF the hap'u ii''
hill OF the members Of the committee ucfe N'''
present senators Cocgeshall stewart, LauehEh' 0"N
ton Deanc NcNaughton and stadler. DINERS 'hci0
we're Senators Fassett. Ives, Robertson cantor
Erwin and Sloan John VI. Bowers came up lfo'.
Nev-Yorh to represent the Mayor and the local anoF
+.s while Edward Lauterbach was there In inc LII.
,.,est ~ the Thirdave surface railroad and the o
yandcnburg charter. L. f. Chittendeh anu Ool'""
McCook represented the peoples RAPID transit .o
nanvo The stewart bill, with the amendments VIM,
had been proposed 10 it, together win tho@e III "'
s.,ator Robertson was interested, was taken up III
,ocdiately Mr.. Lauterbach, the hrst speaker PRIV
.od amendments 10 Section a. which has TINS pr"
vision: o. 30 arc,.
This act shall not be construed in any manner an ~
,he exercise or enjoyment at any time, ana from V
time hereafter of any right rights heretofore ACQUIRE
hereafter authorized to be acquired exercised or
snv corporation heretofore duly incorporated or ofs
deriving powers under said Chapter COG OF me Law" u
Mr. Iauterbach's idea that this prONlsio" az
,ected existing rights, and he proposed 10 suiA1
the words "hcretofore authorized TO be acq"i'Vu
Itch bo tbougbt wonld leave all the corporations
which arc now in the court, and which are hsn'ts
for an existence Just they are lie ISM
this change as the representative OF inc N, 90
road but he asked for another one luI'n'' r,t
the representative Of the Third ave SURFACE Nm
amendment was 10 section SO of the stewart oi,i'
o,na~
that are disturbed by the construction VI - roIy
sbau he maid His amendment to this secuoh i'oie'!
nakes il compulsory upon uc
huilding the new ROAD 10 ieP Do
tracks so disturbed as nearly Dc ' -,
o. tho condition IN which they were before the WORK
hacan Win these changes he was satisfied WIN lic
hin The changes proposed by hm were aSoeP"N.
Mr. Chittrnden had the floor next on the DILL MS
o,.os on was Z, remove from those companies WHICH
intend 10 construct rapid transit route through VI
or rvae property the necessity of bidding at puohc
auction for the franchise. companies WMch WISH 10
use the public streets must DO Inc cost Vi I'
such as that proposed by the company he represented
no said would run away mp into the millions All
estimate had been made which put the cost AT
$50 600 600 to $4,000. 900. and no new company nav
ipc 10 pay large for the franchise conld anolu
10 bid against of the established companies ho
named the Twel17y -nhth-st crosstown ROAD ii new
York as sample of what this system had done there
face lines I'm that city, but those who desired 10 ger
tbc right TO build 1t had been compelled to BID so
high for the franchise that 1t had been Impossible L"
operate the road Mr. Chttenden proposed 10 add
the following "a section TO the bill;
Whenever such board o, rapidtransit commissioners
sbau have determined or established the route OF any
I'D tors,t railway which shall occupy part OF
apv public highway aven1e except 10 cross u
same and shall have prepared plans ana SpeclI'a'o o
the con struction Of railroad which secure the crossing
AZ an elevation or depression and in such manner Vha
tho nuhlic use OF streets, highways avenues anu
places will not judgment OF the commission De IN
any particular materially restricted or diminished the su
board with the the Mayor and the corporation
Of the city this act provided may without any ao-
vertisement or public sale thereof as proVded IN eecu
OF this act sell, award and dispose OF inc righ' PRIV
loco and franchise 10 construct maintain and operate the
railroad upon such such persons or party ana upon
such terms and conditions WILL in the opinion OF such
board most effectively promote and protect the interests
Of the public and Of the city, and secure he carry '"
stucon Of an adequate railroad upon such route or route
In every such case shall be the duty OF sara o0Sfu
o. ,ake and IL shall make all such condition restrictions
reservations and provisions in its opinion VIII eectua
protect the route loss or injury, ncudhe uie r.
ouirnc of the deposit OF such security "a the board deems
necessary against any violation OF such conditions anu "
strcti0n. except as to such sale at auction. All inc
other provisions the act shall be applicable 10 such
rout. and railway. The railway company 70 "hich sucn
franchise nav be awarded shall be authorized TO lease ana
real estate for any lawful purpose supou"' "
and not inconsistent railroad and so far as
such route or railroad governed by Chapter 10 OF the
Laws Of 1850. it {, hereby repealed.
Colonel McCook made short argument in favor
Of this amendment and what Mr.. Chittenden had said
in relation 70 il. Mr. Bowers. in presenting few
changes which he desired 10 make. mainly in the
plraseoogv Of the bill said that the city authorities
of New-York whom he here 10 represent. had
FIJI confidence in the Commissioners who had been
appointed by the Mayor. and IL made no difference
10 the city authorities how much power was given
T. them. This made Senator Ives. who sat near
Mr. Bowers blush deeply. He has been crying Of
late that perhaps the bill gave the Mayors Com
mission too much power.
The only change which may be called at all i'm
portant In the bill, and which made at Mr..
BOweIs's suggestion was the exclusion OF Fifth ave.
from the list of the streets under which an under
ground road cannot be built. Mr.. Bowers said that
there was no objection the part Of the city au-
thorities to the construction Of a road under TINS
avenue Fifth ave accordingly stricken from that
LIST but IL was Of course, excluded from for any
surface or elevated railroad. All Of Mr.. Bowers S
amendments were accepted
Ser<tor Robertson then brought up his amend
ments which have been generally referred to as the
Ncw-YOrl Central and Hudson River Railroad amend
mcnts. They proposed TO Section 32. which IS
called the elevated rail- section" This section
is harmless one, although senator Ives for reasons
known only to himself. has TT To attack It. If
the people Of New York have any confidence in the
commissioners who were named by the Mayor, no
fault will be found with this section it stood
before the amendments 10 It were added il
now stands since they have been adopted by the
Railroad Committee. senator RObertsOns amendments
simply give the commissioners the power, by a
unanimous vote grant an extension Of the lines Of
any railroad company whose lines are wholly or IN
mart within the city limits, and to fix and determine
the route or routes by which any such railway company
NAV connect with other steam railways, or the
stations thereof or with steam ferries or may extend
It's lines within said city"
Every Senator on the committee saw no reason why
the railroad which desired this advantage should not
have IT, II was argued by many that The facilities Of
th Central Railroad were such that rapid transit could
he given 10 the city by = much more quickly than