New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-04-05
NEW AMSTERDAM-AVE On,
RAILROADS TO FIGHT IT OUT ~
COURTS.
CITY NOT TO PAY DAMAGEs-Boru
PANIEs MAY BE COMPELLED TO rs,
THE SAME TRACKS
fBY TELEGRAPH TO THE rRrnrxv

lBY TELEGRAPH TO THE TRIprxv,
Albany, April 4.-The Senate and A..
Conference committees on the Amstera.~01
bill met tonight in the Assembly parlo. '
adopted amendments to the Fallows-F Ford ~
ure which seemed 10 them 10 protect N. ~
Avenue Railroad Company. the Me,,o,.,a'
Street Railway Company. and the interest,".
the people Edward Lauterbach. coun.a
the Thrd-ave. road. was present at IN. CAT
ence.
The upshot Of IL was that. while Co,.-
Roosevet's proposition TO make the CITY W..
to the payment Of compensation 10 the rail-.
excluded from the avenue was rejected me-
theless the major part Of his amendmsn, o..
adopted Louis Bedell. Of Orange County .,,,N
man Of the Assembly Committee on Rafro,A,
said:
Three things were sought. and these s..r 4.
have been practically reached by the rea.v.
in it's amended form:
"First-The elimination Of the possib,,r :.
the operation Of four tracks on Amsterdam.,,.
by any other power than horse power.
"Second-That neither company should :.
granted any right either in respect to It's orr,
inal franchise or its right Of making ch.,,.
Of motive power 1t does now possess
"Third-That no right possessed by .,,,..
company shall be taken away by the paw,,.
Of this act"
The bill as amended tonight is given in ,up
below
Section I. II shall not he lawful 70 oper,,. r,,.
Amsterdam-ave. between Seventy-second.s, a..
One hundred nd twenty-hfth-st in the Poro..ss
Of Manhattan. in the city of York. any ' s;r.s
surface road upon the road or tracks OF any s,,.
surface railroad company by any motive-po,..,
other than horsepower, unless the tracks or rs1,
upon which said road is or shall be operated ar
so located in said that they shall be a, ~
points AT least twenty feet distant from the near
est curb line OF said avenue
Sec. g. Any street surface railroad company h.y
ing a valid right 10 operate a street surface raj
road by any power other than horsepower un s.
the portion of Amsterdam fave. lying between Gv.
enty-secondst and One hundreds nd twenty-dsts
81. shall have the right 10 place one more .,
Its rails between the rais the tracks OF an,
other company operating on that portion Of An.
sterdamave., subject to the provisions Of the irr
Sec 3. This act shall not be construed so wm
authorize the change Of motiyepower on ary
street surface railroad in the city Of New-York
without due compliance with all the requrem.ns
Of law relating thereto.
Sec :. II any controversy arises as 10 the n.
spective rights, II any. Of the Ninth Avenue RAJ.
road Company. or ts lessee. and OF the Forty..c.
ond Street. Manhattanville and 81. Nicholas Ave
nue. Railway Company 10 the use Of the said Dor.
ton Of Amsterdam -ave for railroad purposes .,
10 locate within to the tracks Of the othe,
company II shall he determined by the stnrsw.
companies. with the right Of appeal 70 the Ap.
pellate Division and 70 the Court Of Appeals: and
the Court shall determine whether II is practicable
and for the public good that both companies shall
the same tracks. and II so. on whar terms the com.
pensa ton to be fixed and determined by jury IL
said action II it appears mpra ctcable for both rail-.
road companies 20 the same tracks. the Court
shall determine. with Ike right Of appeal which
company shall have the exclusive use NJ that por.
tion Of the avenue and the compensation 10 b
paid by II to the other railroad company or az.
count of its exclusion therefrom. such compensa.
ton To be fixed by jury. or by not less than three
commissioners 10 be appointed ny The Supreme
Court.
Nothing IN this section shall limit or affect the
operation OF the first section OF this Nor shall
anything contained in this act be construed as con-
ferrng any franchise or authority 10 construct or
operate a railroad upon said avenue not heretofore
conferred. withdraw In such action from said
the question Of the right Of any party 10 such
action occupy said avenue or any part thereof
with It's tracks the question Of It's right 70 the
manner in or motive power by which II proposes 70
operate It's railroads
Sec. s. This act shall take effect Immediately.
Both the Senate and the Assembly are likely
to take up this amended bill Tomorrow Some
doubts as to it's constftutionality expressed
The exemption Of the city from la bility for
damages in case one road is compelled TO leave
The averue was due 10 An utimatum from The
Tammsny members Of the Legislature