New-York tribune., 1895-02-13
MUST GET NEW CONSENTS.
REPORTS TO THE RAPID TRANSIT CON-
MISSIONERS.
WHAT MUST BE DONE IF MATERIAL DEviATioNs

WHAT MUST BE DONE IF MATERIAL DEvIArioNs
ARE MADE FROM THE OLD ROUTES ADOPTED.
The Rapid Transit Commission. at its regular
meeting yesterday, received an opinion from couii-
eel that threatens to involve the ccmmissio" IN
more litigation, and delay the construction Oh the
road The opinion stripped of its legal verbiage' Is
that consent for the routes to be traversed must
be gained from the propertyowners and the supreme
Court.
This is made necessary by the fact that the ne"
routes Geviate from those laid down by the co'h-
mission several years ago, and to which the prop
erty-owners along them consented and the supreme
Court concurred The commission thought that IL
would not be necessary again to obtain consent even
II the routes did deviate from the former onesoe
cause In the main the routes were the same. ana
especially the one along Broadway, that the pres
ent commission and the old are in>favor or despite
momentary inclnatons to adopt Elm-st and Col
leSe Place. Another question that the commission
submitted to the counsel was whether 1t would be
necessary obtain consents along broadway
afresh II the tunnel widened. Counsel held
that IT would be- Still another legal point that
the counsel called upon to determine was
whether If Engineer Parsons's new plan OF con-
struction was used the old route. the consent
OF the and the proper,y-owners was necessary
Counsel maintained that as the court had the old
form OF construction in view when 1t consented TO
the old route. the new plan of construction could
consent OF the court and property-owners affected.
There was one crumb OF comfort for the Commits
soners and several OF them thought that they
saw way out Of the legal maze In 1t. Ihe coun-
sci contended that II extension was to be built
to the old route consent of property y-owners and
the only necessary for the extension
The counsel wrote that II any of the changes con-
templated by the commission were not OF a material
character, consent would hardly be necessary. but
advised that the line be very closely drawn. and
any change that materially changed the original
should be made with caution. discussion
sued when the stand Of counsel was made known.
but the meeting was behind closed doors, and
the secretary afterward would not go into details
what said by the Commissioners was not OBJ
tainabe.
Counsel had been instructed to prepare resolu-
tlon which stated the routes that have already
been published, and the commission was to adopt
the resolution Commissioner orr introduced the
resolution. not for immediate adoption was ex-
pected. but for discussion The resolution accepted
the up Broadway to Fourteenth-st, and
then the branching OF the main line into West
side to the city limits and the East Side
line to Forty-second-st and Fourth-ave, as pro-
posed by the Board OF Experts Then
the resolution went on 10 incorporate the ex-
tension OF the East Side line. proposed by Com
missioner Low at the last meeting. and which
was published at the time. The extension runs up
Park by tunnel TO Ninety st and then
.mcrges and. by yiaduct continues to the Harlem
River which Is crossed by bridge, and then up
Malon-ave. one hundred and forty -sixth-st.
After discussion the resolution was laid over
and IT Is expected will be adopted at the next
meeting.
Commissioner starin at the last meeting an
nounced that he stood ready TO introduce man
who would build. equip and run the road.
For reason that he made known TO the other
Commissioners he did not have the persons ready
yesterday Controller Fitch asked that as the OBJ
scrvance of the Law requiring that all stone used
I'm tho construction OF public works would have
To be dressed within the municipality would prove
very expensive. a resolution be passed asking the
LEGISLATURE TO repeal the law. That was done.
Counsel TO the board reported that some forty
obi amendments to the Rapid Transit act had
been drawn. but some OF the amendments did not
meet the approval OF the committee. consisting or
commissioners orr. Low and Controller Fitch,
| appointed to pass upon them. The amendrnents.
which were not made public were ordered printed.