New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-12-24
TO BUILD SIX NEW LINES
BRONX RAILROAD WINS. |
Diuision Says Franchises
Should Haze Been Granted.

The Appellate Division First Department grant
ed Yesterday the application of the New-York City
marlborough Railroad Company for railroad
franchise IN The Bronx. The court divided on
the proposition. Justice Patterson who writes the
prevailing opinion, had with him Chief Justice Van
Brunt and Justice OBrien. Justice Hatch wrote
the dissenting opinion Justice LaughIin concurring
IN It.
The railroad company sought order directing
the Railroad Commissioners 10 grant certificate
that the public convenience and necessity require
the construction OF the proposed railroad. The ap-
plicaton for eight routes. and the court grants
all except two of them. These were refused on the
ground that they were proposed parallel lines with
the Union Railway Company and in the opinion
OF the court. the latter company was able to &C
commodate the public on those routes.
Justice Patterson says in part in his opinion;
In the consideration of the application upon its
Which the RaToa a commissioners i,i denied it.
The board concluded that pubic convenienee and
railroad" The board also urges that it was pro
posed to construct it IN a territory now served by
1t will thus be seen that the decision of the
Railroad Commissioners is based upon service
that can he afforded by the c9nstruction in the
future by the Peoples Traction Company OF rail-
road for which It mas franchise.
An Examination OF he record before US dscloses
nat unaer me Goaapons on when lsi ny i
ever constructing any part Of its railway II mas
a condition 81 procuring Franchise which is alb
Soutely prohibitive and It seems strange mat re
Iiusory and almost impossible prospect Of the Peo
Pies Traction Company to construct
The justice says the objection on the part of the
Union Railway COMPANY is duo to an alleged par
aIIelng Of its lines The justice comedies that this
might be true Of two routes, but is not of the
others
The Board OF Railroad Commissioners, the JUS
tice continues failed to appreciate the growth Of
population.
In considering the objection that the applicants
certificate OF incorporation was void because. It
alleged, the - per cent OF the capital stock
had not been paid for in good faith. the court
finds in the evidence OF the case that the 10 per
cent capital deposited with the bankers to
the credit Of the marlborough Railway Company,
and could be drawn out only upon checks signed
by the officers Of the company. It true that
the bankers with whom the deposit made
were interested in the railway company, but there
was not suggestion but that they alb
solutely responsible nor an intimation that there
was the slightest danger that the money would be
lost.
Justice Hatch writes extensively about the de
post Of the $4,000, which the 10 per cent
required be deposited Of the capital stock the
company. and he finds that the railroad commits
sioners committed a serious error in refusing 70
allow inquiry how the $4,000 had been
raised and what became Of the deposit.
The fifth route, on which unfavorable action was
taken, was 10 begin at East northumberland
twenty-fourth-st and Flrst-ave. along FIrst-ave
to East ACKNOWLEDGEMENTS thirty -ffth-st.. thence
along Onehundred-and-th thirty -hfth-st. TO Cypress
ave, thence to Oue-hundred- and forty first-st
northerly to WaIes-ave., from Wales-ave. north 10
kelly-st, thence eastery 10 IuterVale-ave. thence
north 10 Jennngs-st, thence east to Vyse-ave..
thence north 10 its junction with the Boston Road,
thence northeasterly along the Boston Road TO
Vyse-st., thence north along the Boston Road
again to Vyse-st. thence north along Vyse-st. to
It's intersection with East observation-disclosures
eighth-st with branch line running southwesterly
and along Oppressive. from its intersection with
East One-hundred- and thirty-ffth-st to East One
hundred-and- fourth-st, thence southeasterly
IN One-hundred-and-thir thirty fourth-st to the East
River, or Long Island Sound
The eighth route on which unfavorable action
East hundred and hrty-eighth-s The Bronx:
thence northerly to East One-hundred- thirty
Kindred q nd to RaiIr6ad-ave east
10 IN nee nor IN 10 ran 5los
and across Webster, MeIrose and Brook ayes
ster and Brook ayes; again to Raliroad or Park
ave, east thence northerly along Railroad or Park
ffty-ninth- st
The proposed extensions on which the court de-
cover the lower end Of The Bronx. in the most
said the only two which lnterfered with the Met
ropolitan or Union system
The routes which the extensions will cover are:
Route 10 Bra dhurst-aye and ne-hundred and
hundred-and-six -hrst-st: thence via summit-ave
10 Aqueduct-avc, TO Kingsbridge Road, Reser-
ty-eighth-st. Route No. 2-RouIevard via Washing
ton-aye to AqUeduCt-ave Tremont-ave.. to
Ryerave.. TO East One-hundred- d-eighteth-st 10
Southern boulevard. Route No. 3-East Two-hun-
dred-and- thirtieth-st to Heath-ave Kfngsbridge
Road TO -hundred-and-ei ghty-niuth-st. 10
Southern Boulevard through northumberland
eighty-second-st, to Nise-st 10 One hundred-and-
seventy-eghth-st.. through One-hundred-au d-sev-
enty-seventh-st, to Locust Point. Route No. 4
From Webster-aye.. to Jerome-ave, TO East Two
hundred-and- tenth-st Route No. 6-From Long
Island Sound through Randall-ave., to Laggett-ave
70 One-hundred land -ffty-sixth-st. To Van Court
landt ave One-hundred- and forty mint hist to
West One-huudred- and forty-ffth-st,, across the
latter street bridge south to Hunts Point Road via
Dungan-st. TO ntervale-ave. TO Wilkins-st