New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-10-08
RAPID TRANSIT IN SIGHT.
MR.. STEINWAY SAYS THE ROAD WILL BE
COMPLETED IN THREE YEARS.
APPLICATION TO THE COURTS HOWEVER, NEcEs.
sARY BECAUSE OF THE REFUSAL OF SOME
PROPERTY HOLDERS TO GIVE CONSENTS
WHAT THE UNDERGROUND SYSTEM

WHAT THE UNDERGROUND SYSTEM
WILL. DO FOR THE CITY
The application made Yesterday to the General
Term OF the Supreme Court by the Rapid Transit
Commissioners 10 decide whether the proposed un-
derground rapid transit road for this city should De
built is another important move toward the attain
mcnt OF that end. as was anticipated by the Rapd
Transit Commission. the General Term denied the
motion, saying: 1T appearing that the Governor
having designated an Appellate Division OF the
first department to whom this application should
be made. IT Is ordered that the application IL de-
MED not upon It's merts. but on the ground that
1t should have been made to the Appellate Division
This viii be dore.
/, was with evident satisfaction that William
S;enway a member OF the commission. on sun
day evening set forth the whole situation to
Tribune reporter and painted the picture OF future
New-York Mr. Steinway talked as follows; Inc
application 70 be made before the General Term OF
the Supreme Court for the appointment OF this
special commission provided by statute. marks, to
my mind the trlumpha settlement OF the rapid
transit question for this city for all time to come.
| am fully aware OF the significance Of this state
ment. yet not only have no hesitation IN making
g. but | do utter IT with confident assurance 1t
Is no mere idle expression: It IL the result OF the
years OF study the present Rapid Transit Commits
sion has given to the subject. and It is merely the
summing up OF the results actually accomplished or
Immediately In sight a practical and definite con-
cuson. Under the statute such an application as
this may be made only after the majority OF prop
ertyowners in interest along the proposed route or
routes shall have refused give their consents to
the construction o. the road.
Had the granting OF these consents been mat
ter merely of neal feet. the Rapid Transit Commits
sion would have had no difficulty In securing the
requisite majority But 1t is the majority In interest
that must be secured The immense value OF prop
erty In Broadway below Fourteenth-st has been the
rfpo
sents and the most intense part OF this opposition
lay below Cana-st.
WHY 1T WAS OPPOSED.
THE great and essential factor in this opposition
strange as II may seem, rests upon claims or doubt
full legality. at that That Is, property-owners in
lower Broadway have gradually extended their
vaults we'll toward the middle of the streets, and
il was the fact that these private vaults would
have to go that led property to refuse their
consents.
"All along upper Broadway, up the Boulevard. all
up Tenth-ave. to the Harlem River, and thence to
the city limits. in majority were readily
obtained
1.-THE Rapid Transit act provides. however. that
where after due endeavor. the Rapid Transit Com
mission shall have failed to secure the necessary
consents. then it may apply TO the General Term or
the Supreme Court for the appointment OF a special
commission to hear the parties In interest and de-
commission report favoraby. and the Generaf'Term
confirm that report. then there IS nothing in the
way prevent the construction of the road, unless
1t be the financial question, which in the present
case is of prime Importance, and OF which more
anon.
I'm the present application. however. there Is a
special problem ] might say, difficulty, involved,
of a wholly new and novel nature This arises out
of the Constitution of the State That nstru-
ment reorganizes higher judiciary. Ii merges
the Supreme, Superior and Common Pleas courts
all into Supreme Court. In which there is an
Appellate Division consisting OF five judges. But
this reconstruction of the courts does not go into
effect until the Monday in January. 1885, which
will be January g.
Now. there is a possbility-you may say
probabillty-that the present General Term will hold
that in view OF the provisions Of the new ConstItu-
ton with reference the reorganization of the
courts. and the fact that the Constitution went into
effect in January last. the General Term has no
Jurisdiction In this matter and that the application
cannot be made except before the new Appellate
Division of the Supreme Court on January next.
Although do not believe that this position would
be sustained by the Court Of Appeals since an Inter
regnum in the operation of the law would be hostile
to the Constitution Of the United States and OF the
State and against the statutes. yet should the Cen
eral Term assume that attitude. would have
hearing before the Court Of Appeals a week later.
since the case is a preferred one and, as provided
other cases in all Of the State; therefore, We
could get a decision within a very short time. In
any event. there would be no delay beyond January
6 1896 and meantime We would be engaged In per-
feeling the details Of pans that virtually no
time would be lost
I'VE ha no doubt whatever-there can be none
about the appointment of the special commission.
and that its report will be favorable to the con-
structon of the road is certain since the great ma
jorlty Of the propertyowners above Fourteenth-st.
are in favor of II. The city is authorized TO bond
itself to the amount OF s50O0OOOO by overwhe.m-
ing majority vote of its citizens and the road Itself
will be Of untold and ncalcuable value to the city.
The Rapid Transit Commission. you must remem-
Der was created expressly to solve this question Its
findings, therefore, cannot but receive the sanction
Of such a commission as the Cour, would appoint.
and the Court would unhes.tatingly confirm such
report.
80 it is that cay that within two years after
the confirmation of the report of the Special Com
mission the underground road will be built from the
city limits as far south Canal-st., and VIII be
completed within three years to the Battery
ALL PLANS COMPLETED.
You must bear in mind that all our plans are
completed. They must be ready for submission to
the Court on Tuesday The city is authorized 10
bond Itself and there IS no doubt in the MINDS OF
the able lawyers have consulted that this author
izaton is perfectly constitutional although the Man
haitian Railway will undoubtedly try 10 raise a nos
tile issue that point
when Il comes to construction we shall nave
the entire SOO00OO0 at disposal The length OF
road please bear IN mind. viii have really nothinS
to do with the question OF the rapidly OF the CON
struction Of the road since we can and shall begin
the construction hundreds Of places at once and
work up and down from each point OF opening The
very vaults which infest lower Broadway Will thus
be made allies in the rapid execution Of the work
Those spaces already dug out and. alas Tor the
property who have tried 10 block the way Of
this vast and wonderful Improvement. they VIII
save US much labor N digging, Will AFFORD the very
best means OF prosecuting the work unseen ana
rfnnu ~ rAalu an