New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-08-12
METROPOLITAN AND THIRD AVENUE
COMPANIES IN CONTROVERSY BEFORE
THE RAILROAD COMMISSIONERS.


An important meeting Of the State Railroad
Commission was held yesterday in the Alderm'ns
Chamber in the city Hall The Second Avenue
Railroad Company OF this city. leased line OF the
Metropolitan Traction Company. asked for
change OF motive power from horse to underground
trolley The Fcrty-second street. Manhadanrille
and St Nicholas Avenue Railway Company. part
Of the Third-ave system. requested change either
to underground electric compressed air.
Elihu Root represented the Metropolitan street
Railway Company and John ". Srribner the Sec
ond Avenue Railroad. ". II. Page jr. Is counsei
for the Third Avenue Road W. e. Trni' repre-
scented opposing property-owners on Second-aVe
The application Of the Second Avenue Ra1I'oad
Company first taken up. +. ID. O'Bren' one
of the assistant counsel for that road explained
that the road wished 10 change the motive power
the road from the Harlem River 10 STU: NeSa"'
Place thence TO Fourth-ave ana do""
Astor Place to Broadway. Mr. OBrien said 'hat
the road had obtained consents to the change oil
motive power.
Mr.. Truil objected on behalf Of property-owner
named Kellner at No. "a second-ave
Solomon Emmanuel, who had charge OF the WORK
of getting consents. examined. ana showed 'na'
"A large bundle Of consents held ny MT oci'""e'
contained those he had obtained
Chairman cole asked whether Mr.. Page. counsel
for the Third Avenue. had anything 10 ASK VI we
witness. Mr.. Page said that the connsei io' '''e
Metropolitan had not invited him to sit with them
"a friendly counsel. but the Third Avenue ro""
VAS I'm favor OF the Commission granting the re-
orest of the Metropolitan we have Whof
block OF property on Sccond-ave" said he with
smile that We willing 10 give consent ior, 80
A. TO offset the opposition of Mr.. Trull Mt. hoo'
smiled incrcdulously and wanted TO know II MT
Trul had consented to accept this as an ohse' 10
his oppo.ition well. suppose that MT Iruh'
having been retained by some opposing properly
owner may not feel at liberty to Withdraw III.
Trul has been generally supposed 10 De oPpoS"s
half .F 10
nrotost was received from J. Harsen Rhoades
against the granting of the requests OF the roadS
without compensation to the city.
Mr. Page made the Application OH p'n'l u VI"
Third Avenue Company for change OF power va
rho PROFESSIONALISM road either to electricity o,
compressed air Mr.. Root said that ne dpp'"''
20 opnose the application. He asked MI. rage II
bo had offered any evidence. Mr.. Page sara 'h'I
as Mr. Root had advised "A witness OF MS peIo''
the Commissioner of Public Works ie" uaES aeo
not To answer any questions put ny 'ne o'u"''' ~
the Third Avenue road. so he reiuSc"' an" ~
have his witnesses refuse, to answer the qu'.o"'
mn, hv the counsel for the Metropolitan Mr.. ROOT
~, o.,fod no question through the Commission
orc and Mr. Page was asked TO read his peuuoh'
Mr.. Page did -. -, ..
Nr POO, said that he denied some Of the state
ments made In the petition. which was S"o'" "
by Presiden, Elias. He said that the Pet''o''''
had orere,, consents along designated route
htb ,,.l,a N least six different pieces or rail-
ro,d which 60 not belong TO tho applicant put 90
belong % the metropolitan either IN rec or az
lessoes and that the Metropolitan opJeclPu u nav
ing an nteroper come In ana chdh5e INC '''o'''
power on its road ., -,
chairman Cole decided that the question oil
oupershin was A question for the courts and not
for the Board but Mr.. Root insisted that the oouo'
of ownership made the consents preSet'eu man. ,
He contended that the petitioners had ho' p'o'e'
their right 10 change their power
y, tit between Mr.. Page and Mr.. ROOT foilo"eu
over Mr.. Roots demand that Mr.. Elias De p"' ."
rho stand for cross-examination. Mr. rage o.
jected MIR Root asked for subpoena a TOT sav Ml
Elias who Was sitting back IN ms c'ta,r Sasst3
nothing Mr Page said that he had once Sa ash SSa
for "A subpoena for Mr. Nree'aH H ann admittsa thai
Mr. Vrreand had been on the stand hS Sh h vi
by his own so@TSn' Sgt m'' W. We're as
wise after got through with MIN as oe'o'e' lie
(which wasn't saying a great deal" whispered
M; v ko ers M, all omnlscien" replied Mr.. Page;
After recess Chairman ole announced that me
Board had decided that II Mr.. Root wished TO 40
be- be- ne res SGHS F as Mr Roots original witness and
that the questions asked Of hm should nG Se Son
he wished to question Mir; Elias upon After moe
Mr Root Ds pnsd o sVs0 crisp & bill
from his pocket to be handed to Mr.. Elias along
m mnm 10 that II was the biggest victory the
Third Avenue Railroad had won yet. Mr.. Page
b1. Mr. Elias went on the stand Mr.. Page cere-
noniosly returned the s. 10 Mr.. Root, saying that
nj Mr f RGSi atRl Mr. Elias the Third
haH bur" rrp s%y that a'f On had n not 80 far
Mr. Root then handed an old document to Mr.;
Elias and asked him If it tan agreement executSl
in 1856 not the agreement under when me
Mr' PAGE objected as he did necessarily afterward
After some 6rsk sParring between the b aw ESnr
before; having been president of the Third Avenue
" IL. ckoJ ha had M.
paper by which the Third Avenue Railroad opcr-
d on n 'GeG ,hs aaG and n "av N M
Mr. Page took the document and started 10 read
be asked Mr. Root demanGed that he stop read:
ing Nj. Page insisted and Mr. Root n a loud
to stop bu, AR Page did not hear. Mr.. Root got
in front Of him ana H Nm TO stop sa Gn rro
pose to take any OF your dctation Yon don, own
h The a aaS nsy so yS a ow s It and
| after more squabblins the question was over
Mr.. Roo, asked Mr.. Elias the same questions n
regard to tho Fir.t-ave line between Thirty
Lexington and Madison ayes: Seventh-ave be-
tween Forty second and torty fifth SITS the Bon-
| and Tenth-avc.. between Forty second and Fifty
n nj 80, nE DswnTs o ha Of b n' nt know
| and Mr.. Pages objections.
There some further discuss ion. in which
Lieutenant Governor Shcchan. who is one OF the
Traction tompanys counsel took part The Board
| 4 VIEW TELEGRiPHIC WIRE " THE WEST
The Western Union Telegraph Company is to
| string new wire between San Francisco and chi
cago 10 accommodate increasing business II VIII
follow The Central ana Southern Pacific railroads
and will be completed I'm about sixty days.
--<--
VIZ. DAYS COMPANY SITLS
Augustin Days company sailed for England yes
| terday the Gcrmanic. There were forty-one
| persons In the party. Mr. DAILY and Miss Ada
Rehan already in England Among those who
| went yesterday were Mrs. G.. H. Gilbert George