New-York tribune., 1907-06-23
TRACKS GO AT LAST.
FIGHT OF a5 YEARS WON.
amsterdam 1Uenue Menace HAST
Vanish IN Ninety Days.

Vanish in Ninety Days.
After fight of more than twenty-five years
the exterior tracks Of the four-track system IN
Amsterdam avenue were ordered taken UP yes
terday and the street restored TO its normal con-
6ition. This was she decision Of Justice Bischoh'
in the Supreme Court. yesterday afternoon and
Il means victory for hundreds Of public spirited
citizens Of the upper West Side who have waged
their war as members of the West End Associa-
ton. the Morningside Heights Association and
the Independent Club
The defendant was the Forty second Street.
Manhattanviue & St. Nicholas Avenue Railroad
Cornnanv and the order affects its tracks on
Amsterdam avenue between 12d and Manhattan
streets There have been many battles waged'
h,It this latest and in the absence Of an appeal
decisive action was begun last December by
T,,li,,s n Naver who was then Attorney Cen
eral He alleged that the company had not
coron,ted with the railroad law of 1867, because
:, had NOT begIn the construction of the road
7,,itrir FIVE wears after It was incorporated, in
August 1878 and that it had not completed the
construction within years after its incorpora-
ton the penalty being the forfeiture OF us cor
porate existence.
The cor,nanv admitted that il had not com
Ilfed with the railroad Id psI 9s'i'A N''N -
Tot done so because the streets through when
il was TO run had not been opened as public
highways. After Attorney General JACKSON
look office he continued the action. ms speclai
counsel here has been 4. Walker Gus Oh No w
Wall street. a member of the West End Assocla-
tion. ,,.
An agreement was finally reached whereby
the Attorney General withdrew the contehuoh
thar the franchises had lapsed, on the promise
.bat the company take up its tracks "lIhln
Yesterday said that his decision had 10 bear'hg
ln the validity of the franchises
Among the many citizens who were glad to
hear The news was the Rev. DR.. John p Peters,
rector of St MichaeIs Protestant Episcopal
-,rurcb AT seth street and Amsterdam avenue
Or Peters is president of the Independent CIuo
and vice-president OF the Mornngside Helshts
association. Well" he exclaimed, when told
" a Tribune reporter Of the courts aeclsloll
II does look as il we had at last gained some
sbing WHY. ever since 1881 this Gght has been
going on Ny father was then rector OF the
church. and the extra tracks have been recos-
aized and combated as q menace al lhese
years When one thinks Of the number OF
churches and schools along the avenue and ad-
iacent streets it is no wonder that we have tried
10 eliminate this peril TO little children ana 10
The aged and infirm.
.eThe West End Association has been in the
forefront Of 1t ali, and great credit is due to
Charles De Hart Brewer, Of that organization,
who was chairman Of a special committee OF
the independent Club More than year ago.
through Mr.. Otis. he asked the Attorney General
10 bringtaction on behalf of the state against
the company. And long before that we had
many actions and legal encounters. / can say
this much: If anybody wants 10 learn the IN
tricacies Of the law. let him set into dispute
with e railroad lawyer. 1 have learned so much
law that I am not confident they won't appeal
IN some way. But, since they agreed to this, II
looks as If the tracks were really 70 go. That
means too that the residents along the avenue
viii no longer see the two canals after every
rainstorm. The tracks have become so eunHen
that the roadbeds fill with water and make
canals which are picturesque but very difficult
10 cross"
Mr.. otis. in discussing the latter days Of the
long continued efforts for track removal, said
yesterday:
AS the fight for the removal Of the exterior
tracks Amsterdam avenue, which has been
waged for some five years. has been decided
IN favor Of the people it occurs to me that the
citizens Of the West Side would like to be advised
of the result The facts briefly follows:
In 1885 when the Forty-second Street AIanhat-
tanvile and st. Nicholas Railroad Company which
owned these exterior tracks, began to install
trolley system on its line in Amsterdam avenue
between I'D street and Manhattan street, the dan
ger Of the situation appealed TO the people Of
the West Side that there was a public uprising on
The subject which resulted IN the passage Of what
is known as The Ford act, being chapter 81 or
the Laws OF 1899 the effect Of which TO pro-
h.bt the use Of any motive power other than that
Of horses these exterior tracks.
The railroad company ceased then TO operate
cars over these tracks, except a day to
hold its franchise In the time, no repairs
being made the tracks the pavement inane-
distely adjacent, the surface Of the roadway soon
fell into a deplorable condition and demands
made upon the railroad 10 the unused
tracks.
Acting on this public demand Borough President
Cantor, in June, 1902 served notice the railroad
company that Il It did not forthwith remove these
tracks the city would do ct the expense Of the
railroad The company at brought an injunc-
ton IN the Supreme Court to prevent the city
from interfering with these tracks. The city was
victorious in the court OF first instance but the de-
cision was reversed by the Appellate Division in
April, 1906. The action is still pending, and the
injunction against the city still continues
In December 1903, the West End Association ap-
pointed special committee to see what could be
done toward the removal OF these tracks. I had
the honor OF being appointed chairman OF the COM
rittee, which committee has steadfastly tried TO
perform the work assigned to it.
It was as a result OF this committees work
that the anal action brought which ter
minated yesterday.