The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-06-29
NO ELEVATED THIRD TRACK.
RAPID TRANSIT HOARD TURNS
DOWN THE INTERBOROUGH.

Lines-City May Now BegIn Trespass
Actions Against Present Lines.
The Rapid Transit Commission refused
yesterday to grant the application OF the
marlborough company for n franchise to
add a third track to the Second and Third
avenue elevated railroad systems. For
two years the company has been trying
to get the franchise.
A year ago the commission decided TO
do nothing in the matter pending the COM
pletion Of the subway extension under the
Harlem River to The Bronx. The view
taken was that the extension mightso relieve
the congestion on the existing elevated
lines that there would be no need for more
elevated structures.
The subway branch under the Harlem
River was completed about three months
ago, and the company then renewed its
application. Corporation Counsel Delany ,
who was asked by the Mayor for an opinion
as to the legality Of the occupation by the
company OF several stretches Of Third
avenue over which it has built a third line,
said that while the company had no right
to maintain the additional track it would be
advisable, before beginning proceedings
to force them to ~vacate, to have the Rapid
Tranist Commission pass upon the applica-
ton Of the company for a franchise to oper-
ate another track ON the two venue
The action talon yesterday by the COM
mission was the result of this suggestion
Before making its decision the board held
q public hearing. For two hours the COM
mission listened to arguments for and
againstthe tracks. Delegations Of property
owners from The Bronx and of nearly all
the civic and commercial organizations
in that borough urged the granting Of the
franchise. They commended that despite
the opening Of the subway there was still
q great need for transit facilities between
The Bronx and Manhattan, and that the
most effective way would be to third track
the Second and Third avenue systems.
a There was m~uch"opposition to the scheme.
Health COMMISSIONS Darlington, repre
,sentatives Of tho City Club, of the NUM-
cipal Art Society, the Merchants Associ-
alton and at least a score of other organ
izations urged the board to reject the APP
.plication. Their principal objections were
that the building of more elevated structures
would be detrimental to health and to prop
erty values because Of the further darken-
ing Of the streets and the increased noise.
Before the hearing had actually closed
NOulIDlSSlOIloI SlldN Q btc"aiN biihOh iNSS
abruptly and moved that the application
be refused. In doing 80 he surprised those
who are in the habit of attending the..meet-
ings Of the commission. The policy. of
the board is always to consider its decisions
in private session, but Mr.. Smith felt so
strongly against the building of any mora
elevated roads that he broke the traditions
of the board by demanding the franchise
be denied then and there.
Acting Mayor MCGOWAN seconded the
motion. Comptroller Metz, who had more
than once said that he was in favor of let
ting the COMPANY add another track to the
Second and Third venue lines, interposed
with the suggestion that the matter should
be discussed by the board in executive
session.
-Where Is the necessity?H retorted Mr..
Smith. We have gone over this matter
several times and all the arguments We
have heard to day are only repetitions OF
what we have so often heard before. Let
us settle this matter at once without further
delay
Il am opposed to granting this franchise
eaid Mr.. MCGOWAN, because l think that
this corporation should come before us
with clean hands. This company is now
going ahead with the building of a third
track on Third avenue without lawful right,
and until it can come before us, as l have
said, with clean hands it ought to have
no consideration from this commission or
from the city
This is not a matter that ought to be con-
sidered as coming from the corporation
Mr.. Metz said. The people Of the upper
part of the town want these additional
facilities, and | think that their needs ought
20 be considered"
President Orr cut of the discussion by
stating that the board would go into eX-
ecutive session. At the end of the closed
meeting the announcement was made that
the commission had voted unanimously to
reject the application Of the PETERBOROUGH
company. When he was asked WHY he voted
In the negative after championing the
company's cause, Mr.. Metz said:
Il found that the company wanted a per-
petual franchise, and wanted it without pay
ing any compensation. l voted against the
granting of that form of franchise because
l think that the city hot get some pay
ment from the company, and then again
I think that the company ought to draw
I'D its plans so that they can become part
of the scheme to join the williamsburg and
BROOKLYN bridges with an elevated rail-
road LOOP. To-day's application was thrown
out in order to give the company an OPP
portunity to submit a revised application"
The other members Of the board did not
look at it in the same light. They said that
the matter was settled for good and all. =,
The board also directed the secretary to
inform the Mayor and the Corporation
Counsel Of the action taken, 30 that the
city may begin proceedings against the
company to Gust it from that part of Third
avenue upon which it has trespassed.
OBTAIN HIFE TERY InT