New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-03-06
M'CARREN PLAN NOT LEGAL
CORPORATION COUNSEL DECIDES THAT
IT WOULD BE UNCONSTITUTIONAL.

Bridge Commissioner Lindenthal has re-
ceived an opinion from Corporation Counsel
Rives. in which the latter decides that the Cen
tre-st. loop or so-caIled McCarren elevated rail-
road plans for the relief of the bridge. are
constitutional The opinion in part is as fol-
lows:
In answer to your questions have say that
the Board Of E:xpert Engi1eers whose report YOU
have sent to me with y62ir letter would render il
Unconstitutional. The act in question is undoubt
the provisions OF Section 10 Of Article II Of the
STATE Constitution which provide
NO private or local bill " HIGH may he passed by
the legislature shall embrace more than one sub
The provisions of Section l do not on their face
render the act Unconstitutional because their
Of the act but ma bT the icpcr r' Of the Board
of Expert Enginecrs on rha Manhattan terminal of
the Network ana Brooklyn Bridge that the plan
suggested by them not only provides for changes
at the Manhattan terminal of the bridge bur also
extending from the said terminal down Park Row
West-st 10 Cortlandt-st., and tho other extending
from the terminal thI ough Contre-st. to Delaney
st; and al'ns Deancey-st. to the New East River
would he unSonstu l but as have ave, aid do
not think the act. while broad in its terms confers
- ,b have 70 advise you ths[sfoTs that he plan
structicn Of the railroad cannot legally be carried
out.
President Creatsinger of the Brooklyn Rapid
Transit Company was asked what he though,
would be the effect of Corporation Counsel
Rives's opinion. He said that he did not under
stand that Mr. Rives considered the act to be
unconstitutional. but merely that the plan orig
| inally reported by the board of expert engineers
and which provided for two extensions. one
down Vesey-st and the other up Centre-st.. was
not authorized by the act itself
He further said that he understood the act
in question TO have been drafted by Edward NJ.
Shepard counsel for the Rapid Transit Commits
sioners. and al the request of a committee of
the Chamber of Commerce, whose interest and
activity led to the passage of the act.
1t appears from the opinion of Corporation
Counsel Rives," said Mr. Greatsinger, that the
plan submitted to him was the plan proposed
by the board of expert engineers and was not
the Martin plan, approved by Commissioner
Shea, and now in the hands of the Board of Es
innate and ApportiOnment Even If the entire
construction recommended by Mr.. Martin is
not authorized by the act. yet under the opin-
tension in Centre-st. is authorized by the act.
and the beauty of the Martin plan is that the
construction Of even a limited portion of the
extension will bring much of the desired relief
at the Manhattan terminal
of course continued Mr.. Cireatsinger, the
opponents Of any practicable plan Of relief or
the opponents of any facilities for increasing
Brooklyn's growth. Will attempt to misinterpret
Mr. RiveS's opinion. But. having found out
from the Corporation Counsel what cannot he
done under the MCCarren act, let go to
work and put into effect that portion of the
Martin plan which the Corporation Counsel
states in his opinion can be done under the act,
10 wit, anything which is an extension of the
bridge and an improvement of its terminal IA
CtieS."