The sun. [volume] (New York [N.Y.]) 1833-1916, 1893-12-14
Jusr SWITCHES, No 1HIRD 1RACk.
George could says Msnhsttau Siupiy
wishes TO serve the Pubiic ss Hest ~ May.

| George Gouid says Manhattan simpiy
| wishes to serve the Fable ss hest ~ Nay
IL was apparently trump card that the
Manhattan Railroad Com pany played on Tues.
day when they combated an appeal for an
Injunction restraining them from laying q
third track on Ninth avenue with permit 10
lay that track which was granted by u Com.
mission supposed long ago to have been dead.
The Commission. as was told In THE Sun yes.
terday was appointed and acted under the
law Of 1897.
The clty's counsel were flabbergasted by the
announcement Of tho revival oithe Commits
sion. They hadn't recovered yesterday and
the only member OF the Rapid Transit Com.
mission who did recover was Mr.. John III.
1nman. who made the best Of things by saying
that the Manhattan could have u third track
on Ninth avenue any time II wanted for q
nominal compon sation. All that was desired
lie said. was that they go about It In the right
way Mr.. Inman lldn't mention the fact
that the Commission had heretofore refused
to the Manhattan the privilege Of thlrd.track
Improvement.
Assistant Corporation Counsel Theodore
Connolly said. when asked what he thought OF
the reyamping OF the old Com mission:
The city holds that under the laws OF 1891
creating the present Rapid Transit Commits
sion. the old laws Of 1867 aud 1875. under
which this other Commission has acted. were
repealed. Section 30 Of the law Of 1891 says;
An acts and ports OF acts, local or general,
Inconsistent with this act O re- hereby repealed
On this We claim the revamped Com mission
falls"
Mr. Connolly also said that he had been IN
able to find the commissions Of the three
Commissioners fled In the County Clerks
office, as the law directs they shall be.
Mayor Gilroy was also surprised at the turn
affairs had taken,
considering the number Of rapid transit
acts that have been nassed In the last twenty
five years" lie said Ii does not seem possible
that the Legislatures could have oyerloo ed an
act creating u Commission vested with the
powers claimed for this one"
Mr.. George Gould made the following state
ment;
OF building third track. II simply desires 10
rut in II switch or switches between Seven
switches Will enable us to strengthen the road
between these points 10y udtting in new
glrdefs. which will enable us 10 run heavier
engines and nve-car trains and 70 give the
will also enable US to run few more eNptess
trains from Harlem 10 Hector street. and TO
operate those now run with greater facility
and corresponding benefit TO the 1ublic. |
GUS third track We simply desire 10 give the
public all the accommodation that We can with |
tho means 1t our disposal. The Improve.
Lnents Will cost the company great deal ~
would do better 20 retain In its treasury. but |
the company is quite willing to give the pub
lie all the accommodation In its power. pro-
vidoa not too many obstacles are thrown In its
way"
10th the company's lawyers and the city's
lawyers Will prepare briefs on the legality NJ
the Comm Isl sion and viii submit them to Jus.
tico lngraham next Wednesday.