The sun. [volume] (New York [N.Y.]) 1833-1916, 1893-12-13
MANHATTAN'S BIG SURPRISE.
THERE'S a COMMISSION mat CAN
LET IT moor NINTH AVENUE

OF news to the city yesterday by announcing
that they are going to run 24-ton engines on
Ninth avenue instead OF the 5-ton and 1S-ton
engines now In use. and make up trains OF
five cars The announcement was made in
Judge Ingraham's court in the hearing OF I'm
application made by the city for an Injunction
against the building OF a third track in Ninth
avenue. between Twelfth and Twenty-sixth
streets. until the city's consent had been se-
cured. The road denied that It was intended
to build anything more than sidings and
switches. and this It had obtained authority
to do from Commissioners appointed by the
Governor. This was moro news.
man twenty feet long was extended before
the Court. and many books and musty looking
documents were on tho counsel table. The
map had boon prepared by the railroad to show
where the "sidings and switches" were TO go.
David J. Dean. Assistant Corporation Counsel.
told Of tho work going forward between the
two tracks on Ninth avenue. Tho elevated
road Is operated on that avenue now. no said.
under the charter obtained by the West Side
and Yonkers Rapid Transit Company in 1867,
which gave n franchise for two tracks.
The blacksmith shop on wheels" as
he nut It. which the road has been
using. led to the discovery that tine third track
was under way. Mr.. Dean quoted an alleged
interview with Russell Sage. in which Mr..
building third track. Mr.. Davies said tho
report was probably due In part to the deaf
ness Of Mr. SaGe. as Mr.. Sage denied having
made such a statement
Mr.. Davies declared that they intond to run
on Ninth aycnue locomotives OF twenty-four
tons with flve-car trains instead Of three or
four. The increase OF heavier trains will re-
ouire heavier girders. While these are being
put in trains will have to run on sidinGs. Ito
Raid that switching had already been built
from Twelfth to seventeenth street and they
switches" to Twenty-sixth street.
Mr.. Davies thereupon presented tho brand
now document which was the second sur
$. Pierce. sutherland Tenney, and Vaughan
Carter. as Comm ssioners. and purported TO
ings from Seventeenth to Twenty slNth streets
Messrs. Pierce and Tenney are lawyers and
ii was said that lennoy had been appointed by
the Governor IN lS'l and tho other two Com;
he had received no Information about the APP
pointment o! these men until Mr.. Davies made
The act Of 1857, said Mr. Davies, had given
the Governor powerto namea Commission en-
powered to give authority to construct sid
ings apG switches. The first Commissioners
were freeman j. Fithian, Jacob Freer and
James. Matthews. all OF whom, 1t was said.
the Commission mad been ratified, he declared
by an act # 1873. The present Commission
had been appointed under the old act of 1867
Eut you have gone on building this track"
whicb ''' Won Now sXhthit dasirn Tina To- "a.
M 10 II "a nav donnnnert "A' :" 10
q, isfig vas winad ont nv thu Honid Troneit
act OF 1891. He said that any way the Com.
mission, L legal. could no, authorize fhild
th ach dfnndonts 5d not infant 70 ston ar
Twen,y-sixth street Mr., Davies reiterated
'! swi,r6ss and siiinrs" i-'0'' ''''''' Wv
There is no objection, then" said Mr.. Dean.
strnr,ion ~ snrh track anova Twonfv.sIxth
street ~
He did NOT want 10 bind the road, and he did
aJe mstss bo Said II looei as n .bov
were irving t. gettip to iIity.ninth street. Mr.
t,cpiitiss s for tha roaI hnt tIa poJ must naS
Tor them. ~ Wv $3.50 "
Mr.. Davies said That under tn, present law
,n the ri,v lie honeJ In tho Tourt %, annIs
to get reversal Of the decision by which th"y
az thav We rsVinr Tor tIeip fa iiitins in
mi nl' measure CO '"'''H ''' '"'''''''' ~
n'ha Imdca raserved dacisiop savinc II
I,tnd as ~ The ,mIssiopor Inn t% nj rt,ht
70 ~ w wH swtchns ana sjtin"s sbmuIi-h
nn1it' H. lid NOT belicye tha General iav r"
neaiad The snecial one witboIit rXnr .aM
peas eehteu ron tm9 epec'a' oho "''"ou' expressing
sun r np /, Io,ot IN ,ho o,,orDo,r ,ro+h.
Mr; Dean sain la's In inc a'ern l n, taat ne
thIn nIamt he Tina when INV 81 tL".a ~
"A
General law Of Is9l had Tepeaied the act an.
putnatnE ~ ~ ~, INosnI,''isti,nor wirsl,r, @
piarco thu ,Uressnn is eTrHneo',s opS
~ tbe man ou hnrs ~ tba G0mmissi0n have han
var W. TncentIy npnointed lie SAYS he was Az
neiS tocSnI 10, nppoGt ia hor ' 10 az az
nsSe ~ o som Snd s & k HaSS
ia H'1eo 'SS' !'hut at fha tim ~
NV n,t tOns1 ia aIoI. sty months 49, ~
inee'i !, e o. ", 49, ga ''' 49, '"o'
"sIe pom fhn nnv neetinr ever c,Ied sinco
NJ MI Mas Has o a,','iotod nptu IN 60 s'''Ve
taerSe M IItsss vas ne phe On
monTaS, auS IN c"iisd af th ~, m1
~ tbs v" aiavat"I TailTnad ne"iie nnJ
OF ne ee'a1h' C,In'missinp,p V rnn nnI
MAS helu at,r,'nr v,r ,raan 'on,l y!
btoauHaS' iIrna1 "p,',,cry u" uS nan
otol v" fisip Hief FnEineer Watethoise'
Spii nam ,'ars,p LaTnn5ppo, ~ ~
anu nhe otnea TeDt ~ IL Mssph ~ W1p o'GI-
heeIins ~ T NTaNie. made ail,ii',au,t 'r,
ileEce sags hi. iiinnaoS .,nuo a. i,a.i"h on
behhii OF 'hT r 'Ins tu1 1!e ap-
pIt roHa Of The road and Tor The ~
structure Oh the tU1r ny IL o' Wy IaS me Oh
sults ~ ~ tsf ~ yIh l["li
Sinnth syaniie Tho purposa Of dis sisinfs az an
nm H %i TsierTed To- Was 10 enabi H. "s
panY to make tho necessary changes In the !