New-York tribune., 1906-06-30
TO BUILD THIRD TRACK
OLD CHARTER ALLOUS 1T.
Obligatory in Third 4renue, 1t Is
Said-Bryan Talks.

The Belmont interests are going ahead with
plans for the immediate building of an addi-
tional track in Third avenue which they will
use for express trains. ne surprising announce
ment was made yesterday by officials of the
road that the roads counsel. who have just fin
ished careful investigation of the old elevated
railroad charter have discovered that the old
charter, which is in full force, authorizes and
stipuateS thar the holders of the franchise in
Third avenue must bui6 and operate three
tracks in that thoroughfare.
This discovery was as mucn Of surprise to
Mr.. Belmont and his friends as it was TO those
who Tor various reasons have been opposing
the building of additional tracks in the avenue
The old charter says in more than dozen
places said The TTibunes informant yester-
day. that the owners Of the franchise must
build and operate a system with three tracks be
tween the Harlem River and Chatham Square.
We have every reason to believe that this pro-
vision is uniupa,red and in full force Under
its provisions the company al tie first opIor-
tunity viii ask the courts FOR an Interpretation
Of the charter. and VIII go ahead with its plans
fo- complying with its manIe ;ory provisions"
How do you account for the lack o. action
under the charter by the Gould management"
was asked
There is only one way o. accounting for L."
said the official The Could management ola
not know what they had. The old charter was
laid away in a safe, the road w2s operated for
years as d two-track line. taking care of the
traffic that came, and there was nothing to sug-
Ccst close reading Of the old charter It took
us some time to discover just what we had in
the old document We -2re not going to go out
of way 70 DEFY The Rapid Transit Commits
sion. as there is no need Of it. All we Hzvc got
10 do is simply to call the coIrt's attention to the
rights bestowed by The old charter. and then NE
viii be ordered to fulfil the requirements, one
Of which is for the additional track"
Are you cure that the city cannot restrain
you was asked
We don't know Of any buildings or parks
owned by the city on tho liro OF the Third ave
nue. system from the Harlem River down. Some
property owner could sue out & writ and hold
up but I don't see how tha city. not being
a real estate owner along the route. can restrain
the ground Of depriving il Of light and
air
THE company in deciding 70 build the third
track is not assuming a beiiigerent attitude
toward the city It simply has become aware Of
the requirements of the old charter. and viii
comply with the requirements OF the document"
The convenient discovery made by counsel for
the company will cause a good deal of surprise
in local railroad circles. as the company has
been a suppncant for franchise rights on
lnufSQdS lile RAPID transit COMMISSION Qe-
cIined decisively TO allow the company to build
third track in Third avenue. II the COM
pany's contention. based on its alleged discovery,
is correct then all the talk about the additional
track in Third avenue has been waste of time
and labor.
Vice President f. =. Bryan. of the INTERIOR
ough Rapid Transit Company said yesterday.
The subject OF a third track on Third avenue
does not be fully understood clearly
given in the papers this morning. The Manhat-
tan company has never for 4 moment considered
that II was acting fully within its charter
rights in doing what IL has done in laying a
third track down Third avenue
To promote this more rapidly and add the
facility of complete all-day express service UP
and down Third and Second avenues. II applied :
10 the Rapid Transit Commission last spring a
year ago for the authority 10 carry out a def
mite scheme above outlined. This was ia bled
and have not since renewed th4 application
The hearing yesterday was at the instance of the
State Railroad Commissioners and representa-
tives of The Bronx.
When the people understand how important 10
the general transportation problem this improve
rnent will be, and how indisputably il is the only
method of early relief. l confident IL will
meet with their support l represented my COM