New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-05-20
CANNOT USE THE TROLLEY.
THE APPLICATION OF THE COMFY ISLAND
AND BROOKLYN ROAD DENIED. E
a MAJORITY IN VALUE OF CONSENTS OF PROP
ERTY OWNERS NOT OBTAINED, SAYS THE
BOARD OF RAILROAD COMMISSION
ERs-sUGGEsTING AN AP-
PEAL TO TIE COURTS.


Arha1y. NAV le.-The Board Of Railroad Commie-
oners has written an opinion in which 1t says that
Ices not believe Itself justified at present IN inc
application of the Coney Island and Brooklyn kalrCau
Company for approval by the Board OF change ol nv
tive power from horses TO the overhead s'"sio 10
electric system upon that part o. the company
between Franklin and Coney Island aves IN fiSVous'
and Nnth-evc and Nnth-st., In Broohiyh' aions on"
uno, Coney Isand-avs., Fiftcenthst. and NinthaNo'
In ,ts decision denying the application the boaru Sos'
10 ox,,r..sion ~ approval or disapprcval OF the aP
picaton was received from the Mayor OF Oo'u''o
conncu of Brooklyn. The principal oolecuons I"9
werc m interference with the ingess ana eeresS " %
from the Park at the plaza, auo tne aS"s.n .,.o,sc
lSeIv N he brought about by the use OF the ei'''
trolley wire. go, ,.,ts he
In q hri.f filed by Corporation Counsel 1ehhS, nv
hold that no railroad operated by any power o'ner '
horses could be constructed upon the suriaVo y. ~
narkway. and then only with the cohSenc y. ~,
proohfyn Park Commissioners MI 'eihs " 80
a., All. anptcaton must fail, because the ianios
'has S ~ tai,od 70 show that it had obtained the
p~, - on.balf in value of the owners OF prop
srtv along the route of the proposed chanee Dioon
,wr owning more than one-haf OF the properly a,ons
the route of this proposed chahsc' anu N'
having been given as TO that. g.. 4, . ,,,s.
In it's conclusion the Board says tlat -
fortune Of the railroad company IN un, o,sner
case that the city R preponderating property o"no
49, tbis norton of the railroad and declines W siN.
NJ
,s consent; anu that, accepting the valuauo" "a
park property as claimed by the peauone'' "1 to
giving petitioner full benefit OF all cnlin,s as ~
va,ue Of other property, there is sun ue"0on.s
OF 1000 below onehalf in value OF the prOp e,r
ho,raed IN that portion Of the railroad as 10 "hei
~ha~cs ~ motive mower Is proposed necessary ior
comnliance with the statute. The BOARD uoe' "o
deem that the petitioner Is forecloseu non. ~ s
IN the courts by the declinaton OF the po'iu w" =.
the present circumstances to approve Oh onaneo -
motive power; for the reason that the statute p'o
v,des that in case the consent of propeFtyo
.snnot he obtained the determination OF three o'sln
terested commissioners, appointed by the 0elera'
Term of the Supreme Court in the aepar'ie". .,a y,
witch snch railroad Is located, in favor Oh Sa
motive mower confirmed by said court snali " "''A0N
IN Hen ~ the consent Of said properly
The Board knows Of no reason Why tme Of such
oommissoners or why the detsrmnauTMn su Of The
comms sioners should not be taken In iieu VI VIZ ho
consent OF the city In the same way as ~ mv
tsEen in lien of the consent Of any other glOpeS,
holder Indeed the Board is OF the oplhon ON nIs'
this case where the aPPOi9IcnG o "a conrt could
with great propriety be MADE Inc }or tSan the
arge majority Of the property holders other tia po
city has PROFESSIONALLY been ootaineu'