New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-02-07
PROTEST SUBWAY ROUTE
REPUBLICANS TO ACT.
County Committee to Test Legality
of Lexington AUenue Contract.

The Republican County Committee, through
| its transit committee will send to-day to the
| Rapid Transit Commission a protest against the
present form Of contract for the proposed Lex
ngton avenue subway, and probably will follow
up the protest by bringing action to test the
legality of the procedure by which the Lexng-
ton avenue route approved.
Chairman Robert Kelly Prentice of the transit
committee which met yesterday at the Fifth
Avenue Hotel. contends that the commission
appointed by the Supreme Court disapproved
the proposed loop connection at Add street and
Park avenue between the existing subway and
the Lexington avenue route. He says that the
Rapid Transit Commission has ignored this dis
approval and has obtained the approval Of the
commissions report as a whole from the APP
pelate Division.
Mr. Prentice also says that only the Inter
borough Company will be able to bid for route
which connects the new Lexington avenue route
with the existing subway and that there IS
grave danger that the lower part Of the Lex
ington avenue route will not be built on at
all if the Belmont people get the upper part,
which, after building would be used merely
as a feeder to the existing subway.
The Supreme Court commission appointed TO
consider the Lexington avenue route was COM
posed Of a Hershfeld Alexander Brough and
Lucen L. Bonheur. The commissions report
Counsel for the Rapid Transit Commission
contend that authority is limited ana that
to disapprove of the loop would necessarily re-
suit In a disapproval by US of the entire Lex
ington avenue route, and that we have no juris-
diCtiOn to do aught but approve or disapproVe
as an entirety the route in all its sections as
laid down by the Rapid Transit Commission. II
we have the authority or jurisdiction so to DO
disapprOye OF the connection or spur, known
as loop" from 43d street and Lexington ave-
nue. to and connecting with the existing subway
in Park avenue at or about Grand Central sta
ton. and herewith report as our opinion ana
determine ton that with the exception OF said
loop, said railway or railways described in said
petition and known as the Lexington avenue
route should be constructed and operated
The Appellate Division ignored the question Of
the Jurisdiction Of the commission. approving
the report a whole. If the commission had
Jurisdiction to dictate a route. then the loop
connection desired by the Belmont interests is
not a part of the route at all. The Rapid
Transit Commission has made 1t an alternative
plan in the Invitations to contractors.
The Republicans at the meeting yesterday
adopted resolutions protesting against the said
invitation in its present form and against any
form Of invitation proposal which prevents
competition or gives undue advantage to
the InteTborough- Metropolitan Company. and
against any contract for the upper end OF said
route north Of 42d street, without q slmultan-
eoUs contract for the construction OF the south
ern end. below 42d street, and against any con-
tract for the operation OF the upper end except
part OF a thorough independent route"
A special meeting Of the Republican County
Committee will be called TO take further action.
y. A Elsberg made a speech denounCing the
PETERBOROUGH company ut the meeting. Tho
members Of the committee present We're, Chair
man Robert K Prentice. McDougall Hawkes..
Secretary Frederick II. Within. Charles G. Both
ner J. Leo Honigman. John Even. y. A Els
berg c. \. Kaufman. William =. Wait. IT. Town
send Wandell. Gherardi Davis and Henry G.
Botty.
The Rapid Transit Commission to-day viii
give n public hearing tho form ~ the Lex
iugton avenue route contract.