New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-06-17
FOR PARK-AV CHANGE.
CONFUSION REPORTS.
Sub1cay Modification Should BE
Constructed and Operated.

A report has been made TO the Appellate Division
OF the Supreme Court by the commissioners ap-
pointed to determine whether the construction and
operation proposed of integral part of the SUD
way, called the "Park-ave. modification" shaH De
constructed and operated. The commissioners
Charles Buckley Hubbell, ]. Henry Haggerty ana
Emanuel Blumenstiel-have reported that IL shoula
be constructed and operated.
Property owners and citizens generally on March
49, 1902, appalled, TO find that owing to the
subway excavations a number OF houses on 'he
east side of Park-ave., between Thlrty-Iourlh aHu
Fortieth SITS, had partially collapsed causing vary
ing degrees of damage TO walls. In several cases
the houses were unInhabitable by of the In
Juries received. which continued to develop de-
pressions in the houses along the east OF the ave-
nue. thereafter being noted. After an investi-
cation, for the first time il became apparent 10
the owners and the general public that there had
been a departure from the original route and plan
as related to the two tunnels to be constructed
between Thirty-third- and Forty-second-st, ana
that the easterly tunnel diverged in such man
ner that instead of being parallel with the west
erIy tunnel. a provided in the general route ana
plan. 1t proceeded curve so that In places IN
stead OF being thirty-hve feet remote from lhe
house line OF the property on the easterly siue "a
Park-ave. IT came within five to seven feet or the
housa line 1t also then appeared, apparently for
the first time. that the geological conditions pre-
vailng underneath this part OF Park-ave' were
most treacherous. considered in connection with
any construction work of the character made neces-
sary by the building OF this proposed tunnel
The question to be decided. says the report is
Shall the Board OF Rapid Transit Commissioners
be- compelled to I'LL up the easterly tunnel which
has been completed between Thirty-third and BOT
ty-arst SITS. and construct a new tunnel. which
shall be parallel with the existing westerly tunnel
along this part Of Park-ave, in accordance with te
route and general plan adopted in 1881 heretofore
referred to, ought the proposed Inodlhcatlon pre-
vail a railroad be constructed ana Operated dS
PRAYED for In the petition herein?
The consequences attending the nlllnG up OF the
existing tunnel the eaSterly side or Park-aVe'
and the construction OF a new tunnel IN acCoLu-
ance with the and general plan, the report de-
citizens of New of the full transportation that
can provided in the future. TO the extent OF
Go or 20 per cent. for period of upward OF Two
years 1t would cause an entire suspension or IN;
express train facilities during that period, ana
would entail a large expense against the city Tor
filing in the existing tunnel
Considering the relative Importance OF the rights
of the abutting owners the eRsterly side or
Park-ave. and the necessities and rights OF the
latter outweigh in Importance all other considera-
tons and demand the recognition that can be pro-
Vided by affirmative response 10 the question
submitted by them to the court.
Regarding the transportation facilities in Man
haitian, the commissioners say; There is i'm
perative demand for an immediate increase of the
facilities that at hand, and even though this
immediate increase may be at the expense Of con-
venience, the comfort, of few of our citi-
zens. we compelled to the conclusion that such
a reason should not stand in the way of at once
opening up the full capacity of this great subway
enterprise TO the use of the citizens who are en-
titled to it