The evening world. [volume] (New York, N.Y.) 1887-1931, 1893-09-18
HOW IT VIOLATES The LAW.
Clear IIlegalitieS on the Part of the
Manhattan "L' Road.
STATIONS AND STAIRWAIS BUILT IN
DEFIANCE OF STATUTES.
The Corporation Has No Right to DC.
cupy Side Streets for Any Part of Its
structure-Third Tracks Built With
out Wooden Stations n
Menace in Case Of Fire-The Road
May BE Elected from Battery Park.

: "ut SUAttOnb
Menace IN Cas. of rtre-Tr. Road
7 u p.,
ia the Manhattan Elevated rai,uav
COMPANY fulfilling its obligations to the
public and CARVING ont the conditions
of its charter?
Ia n conduc,iu, its railroad mr. anv
part of H. in yio,ation of law?
Those are serious ouestions-ouostio,s
of great irrort,nc. fo,. tho ci,v .uthori.
tios 10 NO, u,o, and now seems IN IA.
the time for action wbe, the subioct
nj rand transit 10 dominant in tho n,inds
NJ tho ne,,,o
That tho a." road has NOT ru,a,,.d ito
ob,iga,inp. IN tho nub,ic in tho r,,nn,r,
~ trains ,o tho ,xter, of lie o,,.,o,,,,
DURING the busv hours of tho dav ia
Lnou,n IN oil 7. 10 NOM, ,,,,,.,,,,,r
st.iru,y. ar di1o,.,t ..,,ior., ~, a..
ROAD absoIuts,v n,,b,u, .,thor,,.,ion
Tbese are therefore illegal ohstruc,ions
II has construct.d g.. third ,rac, in dif-
ferent sections of tho citv without All.
e.''o''' y. 'ne Guy w''"ou'
tnority oil law, forming unlawful OBJ
struction in the streets wherever they
have been eroc,od so,,o ~ III, stations
,' soi"e VI t.''
nave been built almost entirely OF WOOD
nosed NV tho p,n,d.Tr,nsit Commits
~ '"e N'p'u- '"''''.
sioners' and are source OF danger to
,;.,no .,o,,s ha,.o hoo, ,,,aoo., an d,ear-
''s."s s.shs nave peer p'ac"! VI" 'iier-
ent stations, which not only obstruct the
view of the occupants of ADJACENT build
mos hrt 20 = Iara. axtent sh,t ont
80, W. :, d 'ais' '''"' '''
light from their rooms.
ITS FIRST FRANCHISE.
me new YORK Elevated f'aiirotAi COM
pany constructed its road under the ALL
thority and conditions of the Act of 1867.
eue'eeueo 10 the l'sh's OIL 'he west
Side' ana Yonkers Patent Railway Com
pany, which was INCORPORATED to con-
struct an elevated raiIro.d ..aIonc hotb
oI' al eie'a'eu rd'''oau aiohS po'h
sides OF Greenwich street TO Ninth ave-
nue., and along both sides OF Ninth ave-
ue' VI s'iee.s "en' u. Ni"'ii avenue, ~
the Harlem River" The appointment of
commissioners was also proVlueu lor'
with power to designate the points at
which stairs to such railway and where
turnouts and connecting tracks, along
Tho act evj4entlv did not oo,to,rn,ato
stations in the styeets for ~ nxnnesaiv
provides that the comnanv NAV :.reni
purchsse nr acn.ire s,ch b ,iay rem. az
NAV he convenient for se sta t, oui,oihts as
ever that NAV he al ths ant s;,t ,oriyss
structures to be built only in the streets
tea and sS IN any cross
York Elevated RailrnaS SSn rme vNe w
construct its road mnSer the apmthSr,tv
and conditions of the Act of list The Act
Of 16K nrnvides. ."This oct span not re
SO construed az IN authorize The bniId,ng
of extensions nf their said road thrnughs
along or upon anv Streets ar aVen,ies
excent ALONE sreanwich street - Nintb
Streets west Of a Mng avsne avenue ehs u, or
lem" The New York Elevated Rei,road
has Ia nc, no further right than that eonfsrred
that the stairwaVs on the east side of
Ninth avenue, at the stations at Four
tenth. Twenty-third. Thirtieth' Thirty
and the stations and stairwaVs on both
sides OF. Greenwich street at Ghristonher
Houston, Desbrosses. franklin, warren,
were unauthorized in their con str,,ction
being beyond the rights conferre'. nv the
charter. ~
sIAlRWAYs ILLEGALLY BUILT.
The Act of 1872 and the supplementary
acts Of 1873 and 1874 Incorporated the
wR af9
designate, the route of the railroad and
c ene lofat,en or dePots' switches and
said commissioners shall not designate
and establish. as or for tha locality and
line of said railway. any or either of
the streets or avenues. thorouel,fares
or places lying or situate between the
easterly line of the Third avenue and
the easteriy line Of the Sixth avenue"
It therefore would appear that the com
mssioners appointed under these acts
had no AUTHORITY to designate any lOca-
ton for a station or stairway which
would enter any cross street east of the
east line of Sixth avenue. The stair
ways on the east side OF Sixth avenue
at Eighth. Fourteenth. Eighteenth.
Twenty.third. TWentv-eightb and Forty,
second streets are therefore unauthor
tied and are illegal obstructions.
As TO the legality Of the construction
of the third track. the elevated railway
cornpanies claim the right. under al,
sgreement with the commissioners an
pointed pl,rsuant to the nd.Transit
ACT. giving them exclusive mower 70 To-
cate ethe route OF the nron"sed rail
roads and Iecide mon the Mans for
construction The aPreement between
IN. cannn,issiopera and the railroad nrnl
vided ainons other things for the Grant pt
ins, IN the railroad comnanv ~ the
.nriviIepe However, 70 This cnmnanv 70
have ard with a nroyisinn for hnrear
FER having three tracks Of railwav
aIon~ and nnon The nortions Of tho r",,ic
With a" thi sp no mn INA NAV safer s11
from time to time think it desirable TO