New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-01-26
THE RAPID-TRANSIT BILL.
TEXT OF THE STEWART MEASURE.

SENATE, AND TO RE REPORTED BACK
FROM COMMITTEE TOMORROW.
Albany, Jan 25.-The full text of the Kappa
Transit measure known as the Stewart Dill, when
is now on the order of third reading i'll 'he
Senate. and will he reported back from the senate
Railroad Committee on Tuesday, is given mere
with The bill, which vitality concerns the peop'
of New-York City, will probably be passed on 'lldV
day by the Senate, and promptly Thereafter "
the Assembly 1t is follows:
TEXT OF THE BILL.
section l. In cite, having over one million OF LII
habants according " the last preceding Nj,nr
state census, where RAPID dai h d day Of De
snail have been appointed since tle hst H"S 900
cember. 1880. under the provisions ., rlo Inv
of tie laws of 1879, and the amendcS Shall
the Mayor of any such city stu [ Inc n,,,
become commissioners Of RAPID transit uiNei I ' ,e
visions of this act If no ,u S 90 nerSbcr go
and the date passage OF TINS a' III any non
this state containing popuano" rec @GT National
inhabitants. according to tle laoo nch civ NAV
or state then the MAYOR OF s.on oiS i've
AT any time after the passage OF TINS act Appoint it
nersni Who Shall he residents of such city. who Sill
be commissioners of rapid transit under te piVa ave-
of This at The commissioners tnuS aplolhlcui I'd
hereby constituted board of rapd-tranalt I'llioau
commissioners in and for the city III winch inc
APPOINTED They shall have and exercise tle ~, I
anihorv and powers hereinafter conferred, anu
such other and necessary powers a. may oe " ed
upon the said board by this act If yacsnGy smiit
al anv time in any such boaii Oh IaLu ~, tc
Ia,
Navor Of the city in which said board exists E ue
appointment of citizen Of >aid city VINO siii DJion
to the same political party as did the commissioners
whom such appointec succeeds. ~ .o r.ss,cc Of tbs
oct in the case of commissioners who become sucl
nv IFS ferns and within twenty DAYS ai'er tci ap "a
continent in the Of commissioners app1lmtv "
shall take and subscribe an oath faithfully to perform
the duties OF his Office which oat snail pe LA Hoard
office Of the clerk of the county WITHIN WHICH SAN "
spa B. Within thirty days after the passage Of MS
ooFo, Y,r,iS-
its terms and within twenty days after their "a p "
ment in the Of commits, oners aPpIhIou ncot and
orgonize As board The board. when so oIe9iIf f
may frame and adopt bylaws not iac ,1tnn r hs
proper exercise Of the powers and duties heepy con
frrd and p aTd may a Sm bd aG ha
quorum for the transaction OF 6,ineI , n ePan
number may adjourn meetings Inc sara noaIu Sidi,
adopt seal and keep record of lis proceedings winch
Shall he a public record and be open TO Inspection III
all reasonable times.
THE STREETS EXEMPT FROM ELEVATED ROADS.
sec A. The said board upon its own motion may pro
ceed from time TO time, to consider ana determine
whether IL is for the interest Of the public and OF the
city in which it is appointed that RAPID transit ran
way or railways for the conveyance ana transportation
Of persons and property should be established therein
and upon the request in writing Of the local authorities
of any such city at any time the said board shall pro
coed forthwith to consider and determine the same
Que lions and in each case The >au Doau SHAH Ooii
duct such an inquest and investigation as may De
deemed necessary in the premises. ii, aiter such
consideration ana inquest, the SAID BOARD sh ueiei
mine that a rapid transit railway or railway. III aq
dition 10 any already existing, are necessary Tor the IN
terest of the public and such city, snail proceee
determine and establish the route or routes thereof ana
the general plan of construction. such general plan
Shall snow the general mode of operation ana contain
such details to manner of construction as may De
necessary to the extent to which street ave
nue. or other public place is 10 be encroached upon ana
the property abuttng thereon affected ana the con
current votes of at least four members of the board
Shall be necessary for the purpose OF determining ana
establishing such routes and plan OF con.truc
ton. The said board, from time 10 ume, may locate
the route, Of such railway or railways over
under upon, through and across any streets aenue9
and lands within such city, including blocks between
streets or avenues or, partly over ay niuyr,
and lands within such cty and partly through block,
between streets avenues provided thai the cohsen'
OF the owners of one-hali III value oil the Pi4pefH
bounded on and the consent also OF the
local authorities having control OF that por-
ton Of street highway upon which II i
proposed TO construct operate such railway or
railways be first obtained, or in case ihe cGnsent oi
such property owners cannot be obtained uat t h
determination of three commissioners appointed Dy
General Term of the Supreme Court IN te GstGC
Of ali parties interested and confirmed by the court
or operated be taken in lieu of the consent OF such
property owners except that no pubic parh nor any
snx nDbc binding of any city or county or of the
State of New York, Of the United States nor tho,c
portions Of Grand ClaSson Franklin ayes and Down
ing st. in the city Of Brooklyn, lying between The
soitherly line of Lexington ave and northery line Of
city, lying between The northerly line p OF Lex
ington ave. and southery line OF Park ave J,
CITY living between Park and Atlantic ayes.,, nor
De Bevoise Place Irving Place ana Lenert, rl%e'
in said city Of BROOKLYN nor mat portion OF the
city OF Buffalo lying between MehSa , ana Nam I
nor any street or avenue which actually occupied
by any elevated railroad structure shall be occupied
visions Of this act for the purpose Of constructing a
railway In upon any Of such public parks. lands or
streets streets n avenues Il Shall be lawful for said com
mssioners 10 locate the route Of railway or IA
across any Of the Streets and avenues now dcuped
By fsy& sar oa %s % ts IL f Sy
OF rapid transit railroad commissioners may deem
Nothing in this act shall authorize the construction
gt an rsyated railway on BroadW in eoan OF
New-York. II shall not be lawful to grant, use
occupy for the purposes Of an elevated railroad
in the city OF New York, that is 70 say second ave
below Twenty third EaSsau.st Printing House .
south Of Tryon Row Broadst, and Wall st.
DUTIES OF THE coMMIssIo NERs.
Sec s. After any determination by said board
Of any such route routes and OF any general plan
OF construction OF said railway railways. the said
board shall transmit TO the Common Council of said
city copy Of said plans and conclusions adopted.
II shall be the duty Of such Common Council upon
receiving such copy OF plans and conclusions to ap-
point day not less than week than
days after the receipt thereof for the consideration
OF such plans and conclusions, and the said Common
Council shall, the day fixed proceed with the
consideration thereof, and may continue and adjourn
such Consideration, from time 10 time, until final
vote shall be taken thereon. hereinafter provided.
WITHIN Tour weeks after the copy OF such plans and
conclusions adopted by the board OF rapid transit
railroad commissioners shall have first been received
by sad Common Council, final vote shall be taken
thereon, by ayes and nays, IN the form ui vote
upon resolution TO approve such plans and conclu
SONS, ana to consent 10 the construction OF railway
OF railways IN accordance Herewith. Upon the adop-
ton OF such resolution a majority vote OF all The
befs m INC common Council and the approNhl
Oh inc Mayor, and III the Oi the
refusal or failure OF the Mayor approve
such resolution, then by twOtirds vote Of
an Ihe members OF the Common Council the sald
pans ana conclusions shall be deemed have been
hhaiy consented to and adopted and such consent
ShdH DC deemed 10 be the OF the local author
nlcs oi such city; provided, tnat where in sni tdch
C!tA lc cACIn.ve control OF slrcct r0al hghMaN