New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-01-12


present Board OF Rand Tpnli Commissioner, con
tnncd in Office Tho lve-l the stewart and the Fish
bin, all contain phrase declaring that The Rapid
transit Commissioners appointed "N'ncc the hr'' o
December. is9O7 shall be member, Of the new Board
Of Eauid Transit Commissioners. Hu the members o.
the Lcgi, aiugc should be Informed that tho terms q"
office ~ The prc cat E1pid Transit Commissioners q
NcvYOrL expire on February -. II. therefore, no
ranldtr,n>t bill pass the Legislature before that
date not ony will MAYOR Grant be compelled io re-
appoint the present Ch.Gi, Jones'. but clci one OF inc
bill, must be amended tosncet thi, new condition.
There arc interesting differences between the three
measure, in relation 10 the streets "h''h are >pe'"-
cally exempted from having any RAPID transit r'ad'
nut upon them and also ~ relation I" 'Tc'' ""h'h
are opened for such occupation Thus senator stewart
in hi, lii doe, what j. not done by either MI I've
or Mr. Fish in their bill: namely. be authorize the
construction of underground road beneath Broad
way and beneath Ma1i,onavc. In the fourth section
of his bill one find, this provision:
II shall be lawful for said Commissioners 10 locate me
rorte Of railway railways under The surface oil brod'
way and Nadison.ayc either Of thcn III t'n city OF
you, Vo, or v tunnel under public park. and TO
oca, the route Of any railway bc built under this act
ACROSS said Broadway or across any Of TN, HFe'S '"
avenues now occuuc1 elevated alhoad s'rnctHF' III
tho city Of Ncv.York at any point at which, in is dis
ton the Board OF Rapid Transit Commissioner may
doom necessary in tn location q any iou" or r'h@
TN, paragraph in both tbs Fish bill and the Ives bill
read, given below;
II shall be- llwful aid commissioners 10 locate inc
u,o ~ railway or railways by tunnel under any pup
IL, patk and to locate the route Of ans railway 10 be
uu urdcr tl act ro.. Of the streets ana aN1in"s
non occurred by an elevated railway structure u inc Guy
- x,,,Y,t AZ ANY point which, in it. discretion the
Road Of Eapd.Ts,usl Railroad Commissioners NAY u''m
necessary In the location Of any route or routes
Eat senator stewart Willie thus AUTHORIZING Il"
construction Of an underground road upon MADISON
ave. in one paragraph. cmphaticsily prohibits II III
another In t, section. section J. aI'"r 'rc''
ing the Rapd Transit Commissioner to Jay ou' ha"'
for rapid transit. bis bill says
TNccpt thai, mo- public park nor any lands or places
,v ae AMIR. for or occupied by. any public huals 81
- t, nj, county or o. the state 81 Ncw.N ort or Of the
United States nor any par: Of FNa'aN' N tn' 'F :"
Ncw.York FonthaNc above FOXY Sr'"u''' III N''u
citv nor Nat-onavc. in laid city, nor Hl"Si"a @'h "'
rirty,hli.st said city. moi ans street nor avenue 10
.o aid city which actually occupied j" any 'i''
waited railroad ,tructuic, shall d. occupied lbs any corpora
on to b.. ofacuircd under Oh" provision 4" h' act i'I
,b. urio.e of constructing railway IA OF upon any "
such public plrA- lands pAc " ur"A 81" along '''I
Of the saM excepted ,trrots or avenues ! '"'' D.
law mi FOR said commissioners 10 lorn" the route 81" t'
way or railways under the sur'ac" I'll" Bi"lo"a' anu N"e
son.avc OF either Of them. IN the riF al N'N-l"'"'
y tunnel under public PARK. ana 10 i"''" '"' I"
Of any railway be built under This act across -'"
pd,,v ar arfo.. anv o. the street, aui avenues no"
occupied by an elevated railroad structure IN t'o 'y oil
X.wyofk at any point which. Ia - discretion IN"
RoAgd O Rapid Transit kallfofi A"Hi'-'''.'' 49,
necessary in the location Of any route o. route
There /, q plain contradiction between me hI>'
sentence and the second sentence Of the above para
graph
Mir. I've. N hi, bill. says: Nothing in this act
shall authorize the construction Of an elevated |i!
way on broadway south Of Third third ST.. nor on
Madison ave in the city Of Ncw-lork'
Nj. F;h, for some reason. cancels the portion ''
I'M. paragraph which cxcmpts Madi-on-avc from lr-
ya.iou elevated railway. ~ fT
stewart, he says nothing upon Tie sHbIe !: ~
I've in his hll. also exempt Broad ana Wall
Inn MIR Fish. in his hl cancel, this exemption.
Furthermore. Nr. Fish stiik", out "i ne fS',rt ''
a -cutcac. in which broadway. south 81 huiTsS-
+ was exempted from an elevated rdilNad. Th"
.irret, exempted from elevated railroad, hoiG hy the
rim n o ,b,rG dr. ~ second ave- below twenty
Nas~l.,t Printing House square, "so'aue1' Sou'h
Of Frankfort a.. and Park Row.
" Th@ Iy,.~ act also cxcmp,s the following streets
in brooklyn aud in Buffalo from OCCUPATION ~ =
In either the stewart act or the Fish act:
Nor those portions - Grand, Chosen rankin a'''''
snd DoNnns-t.. ia the 'ty " Ero'"'n wing ''N'',
the -outicly Inc Of LeNingtonaN'. anA h'h'IH h' "'
At,at cave nor that portion Of ti~~ohaN'' ih ''H
t, living between the notthcty line Of LcNinc'on.n'e
and southefly line Of that portion Of wash
lnqton.aye in said city lying between PARK ana anu'
ayes nor Dcbeyoso Place, Irving Place and I"''f''
place Iceave Nostrand-ayc.. wa'c'yay', Nant,tb!'t
,> and Cin,ona4e ia said CITY ~ brooklyn, nor that
portion Of the ely Of Buffalo lying between Michigan ano
Main So,
senator stewart and senator I've, in their bills both
make the important requirement that "a" concurrent
vote Of AZ least four Of the i've Rapid Transit tom.
missioner, shall tc necessary when the rpne or i0n'N
90 the proposed rapid transit iailrnd arc adopted NJ
Fish i'm m bill declare. that tho roucs must hH au p'rd
l,y a unanimous, vote of tuc -lN ui-'l'ItI>' "H'
vim form tho Boad II Rapid T'n'it Commissioner
The Ives aud the Fish at both contain Il" i,Io@
ur Important restriction ~ the night 81 the clr\ht''
railroads t. construct additional tracks:
h., the construction aud operation 81 -n,h '""h' h''
additional track trac.- f''iiti. ~" hI ' "''''
lcd only u,,,n the condition thai th' rhl "i 'H' ""'
~ sf 100 value of property bounded o. ana inc '""
sent ~ ~ The loc, suihofr, hnNrf tn" 'on'i 81 mat
ton ~ street or HIGHWAY upon which It - ploi"N "
construct or operate n" -iIr be hf'i obtained
,r ia c.., the con.cut Of such ploiStJ -o"n'I-
can not D., obtained. tr General Term ~ th'
~upr.n., Couf, u the d..tIlct in NA!ch They Al
tfapo.cd 70 be construed may. upon apIcANon' ia
IN. .aic manner and in N" rsne notice specified Ia
section Of INF, IT. appoint thru" c"bmI1onri'' Nh"
,h,u d.trmlne sft,r h,Aflng Of All parties interested
whch. the ought De- constructed Or operated 'nd
q, r determination, confirmed 10y ur court. may IT, taken
in li". ~ tho cons .nt Of tho Iropetty-oNhcr'
This provision does not appear in the stewart BIZ.
and A. that BIZ founded upon the asset bl IL
mu-t have been stricken ont Oi that BAL.
IN their remaining provisions All the bliis l"lOW
the la->ctt bll without alteration.