New-York tribune., 1902-01-13
Reform IN THE TUNNEL.

Commendabe diligence has been shown by
the State and local authorities in investigating
the disaster in the Grand Central tunnel last
week. Further inquiry will probably be
deemed expedient however before a formal
decision is reached concerning the changes
which are necessary to render travel through
the tunnel safer than 1t has been hitherto. In
the mean time another question needs to be
disposed of. It is essential 10 know not only
what action ought TO be taken, but also who
shall take it. The latter question can best be
determined by considering just where the most
power is lodged by existing statutes. In that
respect the State Railway Commission appears
to be much better qualified than the local au-
thorites.
A grand jury can indict for criminal negi-
gence, but cannot directly force a corporation
to do a specific thing. 1t deals with the past
rather than the future Mr.. Cantor has eX-
pressed the opinion that the Board of Aldermen
could dictate TO the New-York Central on the
theory that the municipality has control over
its highways. 1t is exceedingly doubtful,
though, whether the tunnel is city highway
in the same sense Fifth-ave. BY consenting
to the construction of the tunnel the city appar-
emily surrendered the management of the tunnel
TO the railway company, except in far as its
operation might prove unsanitary. The Board
of Health felt justified last year In demanding
such changes should improve the air, but
it would undoubtedly hesitate to prescribe the
form of motive power 10 be used there. In
sharp contrast with these inadequate or i'm
perfectly defined powers are those conferred on
the State Railway Commission, in Chapter 80
of the General Laws, from which a citation is
here made:
Section ISL II. in the judgment Of the board,
nff nj 81
same, it shall appear that . additional
terminal facilities shall be afforded. that any
change in the mode of operating the
road or conducting its business. is reasonable
and expedient. in order TO promote the security
convenience and acconlmoda ton of the public
the board shall give notice and information in
writing to the corporation Of the improvements
and changes which they shall deem to be proper
and shall give such corporation an opportunity
OF the corporation to comply with such decisions
and recommendations of the board as are just
and reasonable
Sec. 162. The Supreme Court at
special term shall have power in it's discretion.
in all cases of decisions and recommendations
which are just and reasonable TO compel COM
plance Herewith by mandamus. subject to ap-
peal to the Appellate Division.
1t is not easy to see what further authority
than is here provided could be desired in the
present emergency. But If the commissioners
want more they can apply to the legislature,
which, fortunately, is now in session and likely
to remain so for three months. Mr.. Vain
wright, of Westchester County whose resolu-
tions are to come up in the Assembly o-night,
has taken cognizance of that fact. They re-
quest the commissioners to recommend what
ever changes are needed in the tunnel, and to
secure compliance with the boards order under
the existing law if possible, but also If further
legislation is deemed necessary. to draft suit
able bills and submit the same during the pres
ent session. The prompt adoption of these res
olutons would practically be pledge to the
commissioners that the legislature would stand
by them, and would give them greater encour-
agement and confidence IN the performance Of
their duty.
In the mean time. for the promotion OF clarity
in the thought and talk of the general public,
two things should not be lost sight Of:
First. far from objecting to having the tunnel
made an open cut, the railroad would be only
too happy TO have that change ordered. But it
would encounter the vehement opposition OF
every resident Of Park-ave., and would entail
damages for many millions Of dollars, for the
payment Of which those who compelled the
change would be expected to make provision.
Secondly, the disaster, though caused by did
not actually occur in the tunnel.
If to these it be added that steps are already
taken for lighting the tunnel, and efforts are
making for an electric service that can at least
handle the local trains, there would seem to be
facts enough to warrant the feeling that the
situation is not entirely hopeless, and that 1t
calls for cooperative effort for the future quite
as much for retributive action for the past