New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-03-19

AMENDMENTS TO THE LAW SUGGESTED
BY THE COMMISSIONERS.

THE RIGHT TINE COMES-"hAi
RAPID TRANSIT MEANS.
A hu, n amend and modify the Rapid transit
Act nj 1891 was yesterday sent to Albany py 'he
Board Of Rapid Transit Commissioners. IL wa' IN
troduced in the Senate by Mr. Stranahah' INC -.
measure is intended. the Commissioners say "
lessen the financial burden OF the company uhae'
.L,nu On. worry ana 10 enable the Board TO let the
contract a thing 1t has been unaoie 10 ~ @"a 20
l,eves IT cannot do until the proposed changes are
made by the Legislature
The bill is as follows: 1870 -.
Section Section Of Cnap,eer r fo OF rapidtranst
railyays in cities OF over 100000 inha han; the
sTsSy amends by SSans ande ere the "'
the said Board in pursuance OF any esaid hoard
OF ways or subways shall be construeted 10
Contain sewers pipes or other suDSs snail he
ae by the said city and shall be in the care
and charge Of the said Board ana suDjecu ~
OCCUPATIONS tho srSSson s"o Of Rs and
derived thererom shall be paid hnnss ,n Shall have
been issued to provide the cost Of &c d IN,
Of such railroad sgch ne nv II there be one
not then into the sinkngund 6 to Is Of the said
s road as provided in Section 81 of this act
SECTION THIRTY-THREE.
c.. , c.c,,or ,hirty-three Of said act is hereby
.r.naed nv adding at the end of the sentence lo'-
lowing 20 wit: For the purpose OF the cois"u
tion or operation Of any railway uhuei '"e p
visions OF this act. the Board OF fap'u az. -.
Railroad Commissioners may remove, or 800 undar
be removed any pipes sewers suDWass ~ street
Ground conduts or ways underneath any s.lse'
Highway park or public place proV'ae 49, as nrac,
,a he either in the same position as before or III
n secure and convenient position unaernea.Ha s aoi
,a or such other street
highway or public place as may De ap Works NJ
the head Of the Department OF ruo"'
4 ha eff
Sec Said section thirtyfo is hereby a ANEW
su such Contract shall further provide that the
person firm or corporation so contrac,ams ,au an
SusIv nav into the treasury of said city as rental
for the use of said road sum when su hn Nh ,he
except as upon the bonds to be issued by
said city for the construction OF SAG roau said in
;esas further sum which shall be equal to
percentage of not less ihan d per prov,ded that in
Estimating such annual interest and aa nn fbe
percentage. there shall be deduc'eu ldV isssed
to pay for rights terms. easements privileges S or
property other than lands ACQUIRED ~ That the
words may in the Of the said
Board provide that the payment OF the sla ,he
sn,nt ~ said bonds az aforesaid shall begin at
a date not more than five years AFTER she uae e.
the said annual rate. instead Of per centum
may be rate not less than one-ha a pei aars. hIt
for a further period not exceeding I'VE years, o IN
IN case the contractor Shall. during any year IN
which the said payment Of per centum snal er
suspended or reduced aforesaid earn sIe ga
nroAt upon his it's or their net capital invested IN
the enterprise than per centuTl. 'nen men, tr e nm
plus OF his their earnings for such year up up
10 the extent OF at least l per centum sha" DC
paid as rental as aforesaid.
SIX MEMBERS TO CONCUR.
Section "a Of said act is hereby further amendeu
by striking out the sentence thereon hameis, '"e
words: mo contract entered INTO under au'noi'
" Of this act shall be assigned without the written
1sD MD
road Commissioners, concurred In by an the ine
bers Of said Board: and by inserting instead
thereof the words mo contract enere1 .'1 win
out the written consent OF the said Board OF Rapid
Transit Railroad Commissioners concufrea |" o'
Section 81 Of said act Is hereby further. amended
BY striking on, the last organized
under the laws Of this State, or any exls I'm !,
q railway wholly or in part within the limits OF
the city. in and for which said Board has po%e,,
to enter into contract for the construction and
operation Of any railway pursuant to the pro- pro-
thereof the words: ANY railroad corporation or
ganized under the laws OF this State or any exist
atIng railway wholly or in part within the limits
OF the city in and for which said Board has power
business Corporations Law of this State and APP
proved by the said Board Of RAPID Transit Rail
hereby authorized to enter into contract for the
and % Of any faToad sba
anc c Of such Contract" Where in this section
are mentioned they shall be construed to include
any consent given by the Commissioners appointed
Supreme Court and confirmed by the said General
Term or Appellate Division in lieu OF the consent
Of property-owners as hereinbefore provided
AS TO THE EQUIPMENT
l. Section 80 OF said hereby amended so as
to read as follows: THE equipment to be supplied
by the person. firm or corporation operating such
road shall include all rolling stock. motors boilers
engines. wires. ways, conduits and mechanisms
machinery tools. implements and devices of every
nature whatsoever used for the generation or
mission OF motive power and including all power
houses and the land occupied thereby and It's APP
purtenances and all apparatus and devices for
signalling and ventilation. Such person. firm OF
corporation shall be exempt from taxation in re-
epect to his their its interest under said contract
and In respect to the rolling stock and ali other
owned employed by said person firm or corpora
or transmission Of motive power and except rea
pTcSap' tiO OF the c0nraGG r. any which shall In
storage or repairs OF rolling stock
s. Section 80 Of said act is hereby amended by add
any contractor for the construction or operation
Of any such railroad shall require any property fol
such construction or operation. such property shall
be deemed to be required for public purpose; and
with the approval Of The said Board of RAPID
acquired by the said contractor in all respects a.
such property may be acquired by the said Boart
OF Rapid Transit Railroad Commissioners for tn,
said city. and all proceedings to acquire the sait
property shall be conducted under the direction an(
subject to the approval OF the said Board of Rapit
Transit Railroad Commissioners"
LETTER OF MR. ORR.
In an explanatory letter to the Legislature trans
rnitted with the bill. with the concurrence OF tn
other members Of the Board Mr.. Orr says:
Since the amendments to the Rapid Transit Law
were passed by the last Legislature. the Board o
Rapid Transit Railroad Commissioners OF the Cit
of New-York have been engaged In an unremittin
called upon to solve.
After very careful and most anxious considerable
the Board Of Rapid Transit Railroad Commissioner
have reached the conclusion that they cannot safel
enter into contract under the provisions OF the ex
listing law for the construction OF the proposed roa
except with a corporation now existing, or to
formed for the purpose. having a very large pad-u
cash capital Only such q company, It is believed
could secure bonds that this Commission would 2