New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-11-28
NO RIGHT TO A THIRD TRACK.
MANHATTAN COMPANY'S PLANS IN NINTH
AVE.
MAYOR GILRoY INsTRUCTs TIE CORPORATION
COUNSEL TO BRING SUIT TO PREVENT EN-.

MAYOR GILRoY INSTRUCTS TIE CORPORATION
COUNSEL. TO BRING SUIT TO PREVENT EN-.
CRoACHMENT ON THE CITY's RIGHTS.
The scheme Of the Manhattan Elevated Railway
Company to lay a third rail on the Ninth-ave.
structure without permission Of the local author-
ties received attention from Mayor Gilroy yester-
day. The Mayor on reaching his Office. said that
he had ridden over the line yesterday morning anu
saw what might be preparations for new trach
or for strengthening the whole structure between
Eighteenth and Twenty-third SITS. Thereupon he
gave instructions to Corporation Counsel Clark
to begin proceedings against the company ana pu.
a stop to the thrd-track plan or any other WORK
Il do not intend" said the Mayor that the
people shall put up "a hT have ra no ega
right to do The city must have additional COM
Tne Corporation Counsel examined the law yester-
day and became satisfied that the company was was
that the proceedings against the company would
b. begun as soon he could draw up the papers
have any difficulty in establishing Its case. D.. ,o,,,
The Mayor has given me instructions to 9 'S1a
Track the e By x she Sesn pro
as necessary i papers can be prepars,d" son ,,or,
Mr. Clark was asked what would be done about az
that. 1t would come under the head Of an incnm-
unauthorized. They should have apped, to the
RAPID Transit Commission. Mr.. LARK auueu =,
William Steinway, president OF the RAPID transit
Commission, when Informed by a TRIBUNE reporter
last evening of the Mayors action, said This
going to he done about the matter. ! am not con-
versant with the first charter OF the Manhattan
Company but II ! remember rightly their charter
comes under the Rapid Transit act OF 1919. am
astonished by the action or the Manhattan COM
pany in this matter. Why only last January they
came 10 us and made written Application Tor the
privilege of constructing third track on their
Einth-ave line. besides additional tracks on thclr
other lines. They were not satisfied win our
terms. and n few months ago they wrote Vcfi
curt note to us terminating all negotiations. Now
permission for what they asked last January: III
puzzles me. IL looks 10 me very strange mat they
10 avail themselves Of the Rapid Transit CONS
mission. Perhaps their lawyers think they nave
discovered some loophole In the law through wnicn
they may crawl The term sidngs Is a very flexible
word, and when qualified by the word 'necessafy Y
n IL still more flexible. because the question as 10
what f. a necessary siding Is one upon when men
may differ. This action Will hurt the Manhattan
Company case. I have never joined In the crusade
against the Manhattan Company, but J. cannon
approve OF what now appears To DE an irregular
procedure on It's part 49,
Lawson ~ Fuller. who attends all the meetings
Of the commission In the interests. IL Is said oil
the Manhattan Company. was seen yesterday com
ing from Colonel f. X Hams office In the Arcade
Eulldlng He said TO Tribune reporter: The
Manhattan Company Is doing perfectly right. The
peope want rapid transit and the Manhattan people
are going to give IL TO 'em. They can find out ar.
terwari whether or not II Is lawful TO lay third
track