New-York tribune., 1906-08-11
slit OVER THIRD TRACK
DEL4NY,S OFFICE ACTS.
Wm Ask Injunction against Inter
boropgk Regarding Third AUenue.

.f,er having been prOided by the City Club
o.. ,,s dilatoriness in acting in the premises the
ro-norarion Counsel's Office began a suit yester-
-, "a compel the Interborough Rapid Transit
r-,,nany 20 remove its third track from the
rs,,s Avenue Elevated Railroad. Notice was
..-rsa on D. w. ,AIcWilliams. secretary and
s,rer Of the Manhattan Railway Company
- sbe Tnterborough Rapid Transit Company
,,., IN August 20 an Assistant Corporation
-oursel would apply to the Supreme Court for
!. temporary injunction restraining the defend
x-,s from extending or connecting any portions
!, ,be third track now existing upon the Third
,r.nue elevated structure, and from storing cars
20 onerating trains any portion of said track.
rsig Injunction will be asked pending the action
:, force the company to remove the track alto
ssfher.
-bas action is in the form of a motion for
-sndatOry injunction TO restrain the railroad
rcru.ny from allowing the third track to re-
main. which, Of course, If granted would mean
o.; they would have TO tear the track up.
rhis motion cannot be heard before the regular
ts7n Of the court, in October. When the motion
,or the temporary injunction comes up on Au-
rsst %, il will probably be adjourned at the re-
quest Of the railroad company.
Tie Corporation Counsel maintains that the
railroad never received franchise or permission
% build q third track in Third avenue Twice
while George Gould was president OF the Man
sattaa Railway Company he made application
sor & third track and such application was made
sVice since the Interborough Rapid Transit
Company came into control of the elevated roads.
On June 2s Of this year the Rapid Transit Board
formally denied the last application
The Interborough officials declare they do not
rsed 10 get a special franchise for third track
On Third avenue, as the charter Of the company
expressly states that the company must build
fird track there They say that the applica-
ions for permission TO build third track were
fmply incidental requests for permission to
make extensive Improvements.
The company has for some time been engaged
n completing third track in Third avenue
i would build a switch, then another and
then connect them. This has been going on un-
tl now the company has third track between
s2d street and 12Sth street, between 5th street
ard 18th street. and between 2od street and 25th
street
Many months ago the City Club wrote to the
Mayor. calling attention to the fact that the
third track was being put down. After consid-
e7ble delay the Corporation Counsel handed
down an opinion that the railroad company had
70 right 70. build a third track in Third avenue.
vas announced that suit would be brought
a. once 10 prevent the further operation of the
rsins and TO compel the removal of the tracks. A
nolth passed by. and nothing was done. Then
he City Club wrote letter to the CORPORATION
Counsel. taking him 10 task for not acting. and
Rying that his slsckness was gross betrayal
Gihe city's interests"
The suit is based affidavits of Daniel Sui
Issn examiner in the Corporation COunsel's
dlcs who alleges that the third track is ia ex-
nsnoe. and that trains are operated over it and
cars stored on il: of City Clerk Scully, who de-
franchise for a third track, and Joseph Haag
secretary u the Board Of Estimate wSo de-
GaTes that that body never granted permission
iar a third track. Bion Burrows makes a similar
nsdavit. denying that the Rapid Transit Com
mission Of which he is secretary, ever granted
such franchise. Il recites the granting of the
original franchise for the Third avenue elevated
10 get a third track.
Attached TO the moving papers are copies Of
ne proceedings OF a number of meetings of the
sapid Transit Board when the applications of
ne railroad company for a third track were con-
toered- II seems that in April. 1898. resolu-
non was passed offering such a franchise TO the
accepting and utilizing seven other franchises
1F The Improvement of its service. The condi-
IONS were not accepted. however, and the fran
enise never became valid.
attached 10 the moving papers are also a
Humber Of letters 10 the Rapid Transit Commits
son protesting against the granting of the fran
eAise Tor the third track.