The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-09-23
AN AVENUE IN DISPUTE.
CtBLE ROADS Want TO GRAB TIE
ENTIRE HFARE.

mission at 80 Nassau street Yesterday an Of
fort was made to have the commission reopen
the hearing on the applications Of the Metro
politan Street Railway Company and the Third
Avenue Railroad Company, to change their
motive power from horse to underground cleo
trici,y. The effort was the result OF the fight
over the opening Of Amsterdam avenue. Some
time ago the commission approved tho applica-
lions OF both companies for permission to make
the change. Commissioners OF Public Works
Coils. however. refused to allow both COM
panics to open up the avenue. He gave the
Metropolitan COMPANY a permit finally. but de-
clined 10 give one to the Third Avenue Com
pany. whereat there was a great row. A mo-
don is now pending in the Supreme Court for q
writ OF m~andamusson behalf OF the Third avenue
road TO compel Gen. Coils to consent to that
company opening up Amsterdam avenue. The
Metropolitan Company is to lay its wires in tho
centre OF the thoroughfare. The Third avenue
people want to operate adjacent tracks.
Gen. Coils appeared before the commission
yesterday and said that so much opposition had
been manifested to the change Of motive power
On the tracks of the Third avenue road that he
had withheld his consent. The operation OF
four tracks on Amsterdam avenue, he said,
would be q menace to the safety Of thousands
OF persons. and as an officer OF the city he felt
1t bis duty to prevent it. He thought ii would
be wise for the commission to reopen the hear.
iaS on the application.
EX.Judge Howland appeared as the repre-
sentative OF the Home for the Blind, which is
on upper Amsterdam avenue. He was strong
" in favor of reopening the hearing. declaring
that II four tracks were operated on Amster-
dam avenue the inmates Of his institution
would be unable to leave the idewalks for fear
Of their lives. He commended that the commits
sion had q perfect right to reopen the hearing
and ascertain whether or not the necessary
Treasurer Nasa OF Columbia College also
argued against the operation OF the four
OF ike and seriously affect the value OF property
along the upper section OF Amsterdam ave;
pIe. Treasurer Dunnins OF the Old Ladies'
property owners, said that they didn't object
10 the operation OF = two-track electric road
o6ject 70 four tracks. wnieh Would make the
avenue almost sIcIusiyely a railroad thor
NJ, Uunning and MIR. Bell, read the afidavits
Of 4 number of principals OF public schools on
AmstsFuAm avenue above sevenTy,a Fss street
The Attidavits Get forth the dangers TO school
children OF the operation OF four tracks OF cleo
E1,Judge Brown, representing the Metropol.
tan Railway Company. said that bis company
could not consent to allow the Third avenue
people to use their tracks. This means had
been repeatedly suggested, but Mr.. Brown de-
The ease from the Ninth Avenue railroad. he
SAID. the Metropolitan Company nao the right
70 o me s1 eIci wei,is use lss,s OF s sps- @ia s1ye-s OF the Iae ave re-
other companies to use their tracks. He OPP
posed a rehearing, claiming that the board had
no Jurisdiction having once given its approval
Of the change OF motive power to the Metro
po.itan Company.
sontended that the board should reopen the
hearing and determine whether IL should not
he Metropolitan Company was Illegally occu:
pying the centre of the avenue. The charter
Of he Ninth avenue road; he Said. vas Illegal
Amsterdam avenue. The rightfpl occupant Of
the street, he said was the Third Avenue Rail.
.ChsiFman Cole of the board said that he
thought the matter would have to be decided
ever, that the friends and opponents Of the
potion to reopen the hearing submit briefs.
MesnwhiI. the board viii seek legal advice.
and at its next meeting will decide definitely
what TO do about the matter.
The board then took up the application Of the
Dry. Dock, East Broadway and Battery Rali.
fasa Gep RsipEcA Th com II sogsr for ap p tSs IS of q
change OF motive power from horse to cleo
tTicity. In its application the company states
an underground current, by storage batteries
or by compressed air. severany or together
MetroDoIitan company and the Fourth avenue
company.
npotitan company IS taking out its cable CON.
duits on Columbus avenue between Fifty ninth
and 5 81 I'll tor streets tI:Ho for ~ the pu6{PP se,S Of put PVT,
and electricity. It also developed that thi.
work was being done without the consent OF
the Railroad commissioners to the use OF cleo
utcity. and without a permit from the Depart
nent OF Public Works. The officers Of the
company stated that they had q right, under
section 100 Of the railroad law. to do the work
q changing their motive power first and obtain
the consent OF the Railroad Commissioners to
ward.
The Commissioners also received an applica.
finn for a pgrfiiraIA authorizing the ron at r1lC
ton Of sixty miles OF cable road from Coxsackit
y Nidd.eburg.. The application was made by
Four companies were named in the application
a. being Interested in he proposed road. They
pany, the Coxsackie and Greenville Traction
Company, the Windham Traction Company
S Saaieo:4 qsS Sd HiIl TzeGti at s. G i'0oS'68o T bse fa%,
On the application was reserved. Permission
Presi9eat tr pe sGsp Of the ! metropolitan Com.
pany has written a letter TO the Railroad Com
n!ssioners in which he says: :,
wa shown that this permit is property, and can
only De taken in this tate for a public use BY
VS. Surther shown that this was an attempt moi
Stake away property for a public use. but fol
your atten ion to the fact that it would be i'm
possio.e 70 effectively operate, the converted
foGi on Am,terdam avenue while horse cars
When we began the operation of the Broad
Eay Railroad by mechanical power there were
Two, hOrsc.clr lines With rights upon that thor
epghtaEe-the Blocker Street downtown. and
M Green !ge rom Twenty-third street, up &c
Th!rry-tOurth s~Lreet-which restricted our
speed TO that Ot the horse-drawn vehicle.
there ooeratei; and it was necessary. in order
y clear the tracks. TO purchase. at n cost OF oveI
s2~oO,0oO, these two lines, so that our patrons
m!snt have the full benefit in time saving o.
me mech AnlCa! traction, which we had In
stalled. To check the running OF electrical
ear on Amsterdam avenue by the imposition o
noise cars on that. line would be to deny e
petitioners Themselves the very benefits fol
Nn!ch they petitioned and which we are en-
eeayoring TO give them. and TO force the Metro
pohtah street Railway Company TO .repea'
nnhat lt vas compelled to do in order to clear IT
broadway route"