The evening world., 1891-04-02
HuSted'S Tunnel Measure Would Add
Nothing TO the General Law.
1t Would Only Shift Responsible
ity from the Company.
flights OF Municipal Authorities
Overlooked in the Bill.
rsrrcIAL TO THE EVENING WORLD, .,

ALBANY, April 2-one of The arguments
which vii! be made By Assemblymen Suiser
and Byrne against the passage of the Husted
Tunnel bill. when 1t Is considered at the meet
ing Of the Assembly Railroad Committee this
afternoon, Ia that after May / Of this year, the
Railroad Com missioners will have as much
power in the premises as the new measure
which the Bald Eagle Of Weslchester has In
troduced proposes to give to them.
This power will be conferred by q provision
of the general laws passed last year. which
then goes into effect II is section l62, OF
article g. Of the revision of chapter 80 OF the
General Laws, prepared by the Committee on
Revision. The act In known as chapter b65
Of the Laws of 1890 and its full text follows:
"Eo examination, request or advice OF the
Board, nor any investigation or report made
by 1t, shall have the effect to impair in any
manner or degree the legal rights duties or
obligations OF any railroad corporation, or it's
legal liabilities Tor the consequences Of It's acts,
or OF the neglect or mism management OF any OF
It's agents or employees
"The Supreme Court at Special Term shall
have power in its discretion, in all cases OF
decisions and recommendations by the Board
which are Just and reasonable, to compel COM
pliance herewith by mandamus, subject to
appeal to the General Term and the Court Of
Appeals, and upon such appeal the General
Term and the Court of Appeals may review
and reverse upon the facts as well az the law.
In all actions or proceedings brought by the
Attorney General or BY any other officer or
person to recover penalties imposed by law or
to compel compliance with the recommenda-
tions Of the Board, or brought in pursuance OF
report made ny the Board under this article,
the findings Of the Board shall be presumptlve
evidence Of the fscts therein stated, and the
recommendations Of the Board shall be deemed
prima fscie TO be Just and reasonable"
II will be seen from q perusal OF its provi-
sions that this, which is already law on the
statute books and will be an effective one In
less than months time. like the Hustled bill,
provides that the recommendations of the Rail
road Commissioners may be enforced by an
appeal to the courts In the nature Of mandsmua
proceedings.
The Husted bill gives no further relief
The provisions OF the general law, however,
hold the railroad company to the fullest
accountability, and 1t is not relieved in the
slightest OF any OF Its duties, obligations or
legal liabilities, while the Hustled bill would
shift responsibility for any future accidents
UNIV ha'hoah
II 1t were not for the many other reasons
which THE EVENING WORLD has advanced
against ita passage Assem- bly man sulzer says
that the fact that there is already this provision
in the general laws which renders the Hustled
bill unnecessary, ought to effectually stop its
further progress.
Nevertheless. 1t will probably be reported
with the sulzer-Byrne bill BY the committee,
without recommendation, SO that the fight fol-
the people may be made on the noor OF the
House.
Prof. Colin, who is one of the gentlemen
engaged on the revision of the General Laws
and who was responsible for the section above
quoted, has examined the Hustled bill and has
declared against II.
he says thar the Sulzer-Byrne measure is the
preferable one, and the one whicn should pass
II the railroad corporation is to be compelled
to light and ventilate the tunnel.
The law which goes into effect May 1 Ia
merely permissive and auy Improvements to
the condition Of the Fourth avenue tunnel
which may result from it will depend entirely
on whether the State Railroad Commissioners
choose to act under Its provisions.
When that law was PASSED the case Of the
tunnel was not In contemplation. The Com.
missioners had been making reports and rec
concentrations regarding the management OF
railroads, but they never could enforce the
adoption Of their recommendations by the
railroad corporations for the reason thar they
lacked the proper authority Of law.
The section In question was inserted In the
general laws TO give them such power, and 1,
may anord some relief from the tunnel nut
sance provided the Railroad Commissioners car
be got to act under 1t and II the courts will sus.
tain them In their orders.
II is lacking, however, from the the stand.
point of the municipality because It allows the
local authorities no say as to any new construc
tion which may be required in carrying into
enect any orders the Railroad Commissioner
might issue regarding the lighting and ventL
la'iug Of the tunnel.
The senate Committee on Railroads at.
tempted to hold Ii meeting yesterday after
noon' but were unsuccessful Only Chairman
cozReshaI and Senators Stadler aud Nc augh.
ton quot Quorium) being present.
olher members OF the Committee are Mesars.
Stewart, DeAne, Laughlin aud saxton. moat Of
whom were engaged with other committees.
senator Ahearn's Tunnel bill was 70 have
been brought up A hearing will be held on II
probably next Tuesday morning. when another
meeting OF the Committee will be held.