New-York tribune., 1896-05-24
THEY MAY RESIGN OFFICE
POSSIBLE ACTION OF RAPID TRANSIT
COMMISSIONERS.

The RAND Transit Commissioners and their
legal advisers apparently can see no way OF
getting round the decision Of the Appellate Di-
vision of the Supreme Court which blocks the
building of an underground railroad In this
CITY They were not willing to talk about the
situation yesterday further than 10 say that
II would have 20 be faced. and that at the
meeting of the Board of Rapid Transit Commits
sioners tomorrow afternoon there Is hkey u
be a full interchange of views.
One slender thread Of hope for underground
rapid transit talked about yesterday py
the lawyers account Of suggestion "'cn
had been made by Edward NJ. Shepard. lie sara
that in the decision which had been handed
down on Friday the Justices went into the
question Of the probable cost OF the under
ground road and its possible effect on the bonding
capacity Of the city The Court OF Appeals ne
suggested might be asked to review the de-
cision on the ground that the Appellate Division
Of the Supreme Court had no business to go
into the question Of cost. The motion was 10
confirm the report of the special Commission
of the Supreme Court the object or the pro-
ceedings being to substitute the consent OF 'he
Court instead Of the consent Of the property
owners along broadway.
Section of the Rapid Transit act provides
in value of the property bounded on and the
consent also of the local authorities having con-
troll of that portion of a street or highway upon
which II is proposed TO construct or orerate such
railway or railways be 1lrst obtained, or IN
case the consent Of such property-owners can
not he obtained that tho determination OF three
commissioners appointed by the General Term
of the Supreme Court in the district or the pro-
posed construction, given after due nearing
of all parties interested and conhrmeu L! '"e
Court that such railway or railways oughl u
be constructed or operated. be taken in lieu OF
the consent Of such property-owners'
MIGHT OPEN THE WAY TO APPEAl~
The LAWYERS said yesterday that If the Appel
late Division of the Supreme Court had conlheu
the opinions on the motion to questions OF facl as
10 the rights of property-owners ana 'he poSs'oie
damages which might be sustained ny those prop
erty-owners on account Of the construction oi 'ne
,pdereraund road there could be no review or the
decision bv the Court of Appeals. They did not
annear to be sure that the Court of Appeals would
entertain a motion 10 review the decision IN an!
case. but they said that the statements III 'he
opinions about the possible cost OF the roau anu
;ts effect on the credit Of the city might open the
door to an appeal.
Tbere was also some talk about a constitutional
annea, The State Constitution contains provi-
sion about consents for the building or ranroadS'
similar TO the provision in the Rapid Transit law
ard .he LAWYERS are agreed that the constitu-
.ional provisions would apply in all cases In which
nrivate persons or corporations desired - buid or
extend railroads in the city. but there IS a aouOt
in the minds ot some lawyers II the constitutional
provisions apply when the city wants 10 ouiio inc
road 1t was said yesterday that II the I-eglsa'-
ure made an amendment to the Rapid transit
law so as 10 leave out the necessity Tor OBTAINING
the consent OF property-owners the court OF AP-
meals might decide that the city had the right 10
build road any selected lines without t"e COM
sent Of the property owners or the consent Oh the
,ppellate Division of the Supreme Court.
While the Commissioners OF Rapid transit
would make no statements as TO their immaculate
plaps there was talk among the lawyers 70 the ef-
feet that the Commissioners might decide TO re-
sign their Offices so as to make the whole RAPID
Transit law imperative and compel the Legislat-
ure N mass new Rapid Transit law at the next
session The only reason for keeping the Kapiu
Transit Commission together was said to be the
possibility that the Commission might pro,'ct the
city in the event Of an offer by the Manhattan
Elevated Railway Company to increase the iac1i-
ties Of the elevated railroads and extend the lines
of travel.
POWERS OF THE COMMISSIONERS.
The authority conferred upon the Commission
by the Rapid Transit law to control the operations
Of existing railroad corporations is stated in Sec
ton 81, In part follows:
The said Board o, Rapid Transit Railroad Com
mssioners may also from le 10 @ owSnT sPS or a
ally operating railroad wholly or In part withln
power to act II in the judgment OF said Board the
public interests so demand by the concurrent V9te
Of six Of the members Of said Board nx ana e dt-
termne the route or routes by which any such rail-
way company may connect with other steam rail-
or NAV extend its lines within said city, and may
authorize any such railway company 70 lay an al
ditonal track or tracks on, above, under or con-
tiguous TO portion or the whole of the route or
and 10 acoTe terminal or other facilities necessary
for the accommodation of the travelling public or
Battery PARK on which said railway shall be To-
Gated and may also authorize any such railway
company lay It's tracks and operate its railway
TO any terminal terminals within the said city,
and to transport over the same passengers or
freight. or both. and to run over the same either
passenger trains or freight trains or mixed trains.
and the said Board shall fix and determine the To-
cations and plans of construction OF the railways
upon such route or routes and OF such tracks and
spectyey constructed, the compensation 10 be made
therefor to the city by said railway company, and
TO the said Board may appear just and proper-pro-
vided, however, that every such determination. au-
dition that such corporation shall from the time Of
the commencement OF the operation Of any such
ton. authorization or license. annually pay to the
said city rental and that the amount OF
such sum or rental for period OF not more than
thirtyfive years, beginning with such operation OF
any such railway track or tracke, shall be pre-
scrbed by the said Board in such determination. au-
thorization or license and that every such deermi
nation authorization and license shall provide for
the readjustment OF the amount OF such
rental at the expiration Of the period for which the
same shall be so prescribed and for readjustment
from time to time in the future OF the amount Of
such annual payment at intervals each OF not more
than thirty-ive years
II the Rapid Transit Commissioners received
applications from the elevated railroad people
the lawyers said. the Commissioners might decide
TO pass upon such applications. Otherwise 1t
would be best for the Commissioners to resign
ha Lag LAT doal 1uit b he arld