The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-09-04
NODlTCH men SEE THE MAYOR
pBDIy>T TO VIZ. LOW 40 tI\>T
n ,RiNG iP BROiDW ~.
,,rroIrtcc a; wcn-known business Wen
uclhrr Ia Him the Protest signed
Il, ESQ T'ropcrt, owners and Mrr-
chants seventh Avenue Folks Next

,., uuuNlittee OF twenty-one ner-
...r,. .ad business, men appeared at the
,Iv .urr u, appointment at 1880 O'Clock.
r.r. v,r'
Na. 49, ~. II Martin ol Hog'rs rce' so
T. Nlr.. .t thrCui" Martin Charles Cod
d.. u .Ia cray 4 e. Mdors '" pT SsnEsri
oo,,,G Nrv amsterdam National Bank Mark
N,rr seId OF h" continental Hotel, Louis
Todd or m" Neudome and Marlborough
.l,oo1., Is starr. goldsmith Marc klaw
hgp 4 lrauger; Edward Hatch Jr,. OF
.orp 4 y,or, John $ Huyler OF Huyler,e,
rct l. ,isVoll of Caswell. Massey 4 Co
,,r.a " sweeney OF the Hotel Victoria;
n.rr frohmau of BAYS Theatre J, Sro',
p,ownsoI Browning. king1 Co.; r =; Kos,
n, ne Metropolitan Opera House Al HAY
man. theatrical manager
When the Mayor entered the large room
no vs- I've minutes late, for which he made
,pooyy Then Chairman Martin APP
nroacfed the Mayors desk carrying a
,,r,ara which contained the original OF
me protest signed by more than $50 property
ovner- and tenants. Mr.. Martin said
Your Honor. We are here as a committee
renrescnting the property owners ana mer-
.hpnts dong business on broadway DttNech
art. .srcond street and Fourteenth street.
IN nrn'r-t against the ditching OF disturb
ING oi the surface of Broadway IN the event
Of the Rapid Transit lomnnssioners ueciaing
tn huild an extension through broadway
rom Forty-second street to Fourteenth
,'rsef .-, ;,
rrIr,l' W. object to the method OF uonstruo,,
ron which has brought ruin TO SO many and
m,ses traffic almost impossible on many
Of our leading streets. The, adoption OF
'hs method along Br3adway the man MI h ur, S
and stiIl greater by night. would mean the
oankruplng Of interests representing mahy
Million, of dollars. tunnel feasible,
nsllas the North River, the, Interbo5ouxh
Co,Aplny proposes tunnelling the Fast River;
Tfe Rapid transit Commissioners should
iusls' upon the same method oil CONSTRUCTION
on broadway.
We assume that the Rapid Transit Com
m~>loners are not unmlndful of the interests
ba' We view with astonishment, and with
4qch concern, the fact that every plan sub
ullod by the engineers and accepted by me
has Ga hs 1os s5Sh1fs a%a
worked great financial ruin to many business
onterprises: and If pursued on ,t Broadway
Z" VI feel that that, You viii not misconstrue our
motive IN stating thai should the RAPID iran
I'll COMMISSIONERS llslst upon ulNNhius ~ ooa-
aly: IN spite Of the reasons we have set forth,
se feel that 1t will be necessary to appeal
TO the courts to protect our interests. al.
aGsb hrEG Is mo ntf intent ~o on our part Of
10 YOU. our Chief Magistrate and member
q The Rapid Transit Commission, we look
'or that protection. We beg TO hand you
md merchants on broadway, between Forty
second street and Fourteenth street. whose
r.veStments represent hundreds OF millions
= ll.ra AVID, rlr,Y mt oil a nj
OF New. York millions Of dollars for. taxes.
all unalterablv opposed to any method OF
dtchlng.
Mayor Low said that the members Of
ia" committee would appreciate that the
Rapid Transit Commission had not yet
~aected the route for the branch. II
shall see that the matter is laid before the
commission and shall assure the mem
hers of your deep interest in the question,
said tho Mayor. If Broadway shall finally
u. selected as the route I will do what
an 10 arrange for meeting bet ween you
Gentlemen and the commission. so that
Won may confer al to the method of con-
>trlction. | will do what I can to see that
come method satisfactory to the business
,rterests Of the street be selected IL the
.4bway is o be carried through Broadway"
no committee then withdrew. 1t will
await the action Of the Mayor and the repcr
to be mad" by Chief Engineer Parsons to
he RAPID Transit Commission at its first
m"etiug some time this month
y its last meeting the commission re-
Q.csred Mr. Parsons to make careful IN
G'Ilrv aud report if some method could not
Hr employed which would visit less ncon-
v"nlence and loss on the property owners
VI Pa -ors said he would report in Septem-
'"t probably toward the close Of the month,
vlsn Comptroller Grout is back from
IIrope.
T. is now more than thirteen months since
NE Rapid Transit Commission asked Mr.
Parsons 10 prepare plans for a subway
ranch in Broadway from Forty second
rect to Fourteenth street. Mr.. Parsons
Avs he has done nothing about it and hash I
Zen made up his mind as to the route.
The seventh avenue business men, who
Hlrk Mr. Parsons has his mind set on ditch
* their street TO escape the opposition
,n 'ormldablv arrayed in Broadway, will
rr"''rt 'h"ir protest to the NavOr this
rr",
tdNard Hatch. Jr.. Of the firm Of Lord
4 1ty.or, j. one Of the opponents of ditch
i02 Broadway Mr.. Hatch believes that if
'to merchants fail to get he Rapid Transit
l1muisslouers to sec the situation as they
-" # he courts will undoubtedly sustain
tho merchants.
The Rapid Transit Commissioners pro
'"d as II they had unlimited power and
could build a ditch wherever fancy might
."al them Mr. Hatch said Yesterday
la' Oh" App"iIata Division of he Supreme
our, t"N wears ago, effectually disposed
"' mo proposition hat a commission created
nv Nh" Legislature could arbit rarily OK
"rH'-' such powers 4, The case was that
nt"IE't hv hos" having property interests
4,ong m" Bronx River against the White
I'a'n- sewage pmmission. White Plains
Ihlp"j the night under the authority
OF 'th' commission 70 empty it's sewage
I" ~" Bronx River. Justice Wood
'a'1, who wrote the opinion for the APP
hTIale Division, declared that a nuisance
rodI LOT be committed under the cloak
nv slch authority
The nuisance there committed said
''r hatru was similar to that proposed
wv me RAPID Transit Commission for Broad
way one damaged property interests
'""s me nver; the other proposes TO work
'', "a or property along Broadway
''' hnti authority for the proceedings in
1901 cases II he same an act Of the Legih-
d.4 lr comforting almost unlimit ed power
ne court held in the White Plains
'N' MAJ unless the performance Of a
.'I lunar Nuisance was stipulated in the
u. Ih' commission could not commit
Ll'""t-o the Rapid Transit Commits
40 'aHh3 put dii ch nuisance In Broad
''F uW'~s 1t ba specially permitted by
'' '' ~ the proper time We shall be
.'I"''l '" press this contention In court >"