New-York tribune., 1902-03-25
NEW BILL IN BOTH HOUSES.
PROVISIONS OF MEASURE COMPLETED
BY ASSEMBLY COMMITTEE
on RULES

Albany. March u CSpcciaD After being changed
several times In the Assembly Committee on Rules
the Pennsylvania Railroad Tunnel bill. as submit
ted to the Assembly tonight. says that the Board
Rapid Transit commissioners may from time TO
time grant a right rights franchise or fran
chises enter into contract or contracts upon
application to the board OF any railroad corpora
tion owning actually operating "A railroad wholly
I'm part within the limits Of the city in which the
said board has power to act, OF any railroad cor
poraton hereafter Incorporated for the pur-
pose declared in its articles Of association OF
constructing and operating tunnel railroad
railroads in the said city. 10 be connected with any
rairoau OF railroads within the State Of NewYork
or any adjoining State and thereby forming a
tinuous line FOR the carriage Of passengers and
property between point points within and
point or points without the said city"
The bin also says that The Rapid Transit Board
may fix the route routes of such a railway.
and may also authorize such railroad corporation
TO lay It's tracks and operate It's railway to any
terminal or terminals within the said city and 10
construct and operate any such railroad con-
Meeting railroad under any lands streets. avenues.
waters, rivers. parkways highways or public places
in the said city, with all necessary sdinRs. plat
forms stations. facilities for the
and other appurtenances. and with the right 10
emerge 10 the surface Ipon private lands at the
termina! and to transport over the passengers
freight both. and run over the anne either
passenger trains freight trains mixed trains"
The new bill also says:
But the construction and operation of such rail
road railroads, connections extensions addi-
tonaI track or tracks facilities. hereby au-
OF the owners Of onc-haIf in value of the property
bounded on, and the consent also of the local
If is nrnnosrd t@ cnnsIrIc o "r uhGfr % %hloh @
he frst obtained nroVidrJ mai b Lei ihe SANE
ties shall upon the presentation to them of auv
such or contract, without requiring the exc
cution Of any other agreements than those herein
provided for. either approve or disapprove the
deemed to be, free Of ali limitations except those
STATE tt'''F' " ''''' '' u 'e '''S'''0'''" OF the
II Is probable that the following section of the
new act, pi otecng the State from any liability for
damages because Of the construction of tunnel
railways, was inserted in the act the suggestion
of Governor Odel;
nouers ad lrii'f ,i m any way WIN the }urlsdrtion
grant or contract be made hereunder affecting in
erSntee or contTartin raiiroa5 ol & tHe
reference 10 taxati0n for State or local purposes
JuTies to persons or property IN connection with
any railroad or other construction which may be
authorized under the provisions Of this act nor
shall the State OF New-York be liable for any
the Board of Rapid Transit Railroad Commis-
soners
1t Is intimated that when Albert b Boardman
counsel to the Rapid Transit Commission. saw the
Governor here this morning the Governor ex-
pressed the belief that precautions should be taken
10 guard the State against any suits for damage
brought by property along the route of the
rapid transit roads planned Recently large
number of people owning property along the route
Of the NewYork Central viaduct In Fourth-aye
between Northumberland -ninth-st and the Harlem
River, have filed claims against the State with the
Court of Claims, alleging that the Park Avenue
Improvement Commission was a State commission
and therefore that the State should paw ali the
vaduct. Mr. Boardman frequently in CON
day by telephone. Finally Mr.. Whitman the as
from Nau,
York. bringing with him the Kelsey bill signed
Mayor Lows memorandum and Mayor Lows let
ter to Governor Odell. -
The Assembly Committee Rules was tban ,,,t
TO work Its members began TO draft amandnaptS
Section 80 of the Rapid Transit bilI J'be naJ.
bill is designed 10 be a substitute for tbs III
sey bill unless IL is deemed best for the Governnr
10 sign II and withhold his signature from ~
Kelsey bill. Mayor Low will. OF course have an
opportunity the bill before n masses ~.
Legislature, and his wishes will be regarded -Ths
subject is difficult handle swiftly and tbe
Committee on Rules had TO amend the bin n was
at work upon several times this afternoon befor tI
had II in what II thought was fit shape TO submit
IL to the Legislature. ~
Senator Stranahan introduced in the Senata
tonight similar bill to that presented bv the
Assembly Committee Rules. giving TO the rs mid
Transit Commission Of New-York Jurisdiction over
the construction of such tunnel railroads as that
planned by the PenpsylVania Railroad.