New-York tribune., 1908-08-06
TRACK CASE M4NDAMUS.
p. S. C.. Ordered to Shozp Cause in
Eleuenth Apenue Matter.

| r,,s+ice Corr in the Supreme Court. signed an
order yesterday directing the Public Service COM
| mission to show cause on August why VIII oi
/ neremo.orv n,endamus should not be issued COM
! mandinr the commission to institute condemna-
] ton proceedings for the removal OF the tracks OF
| the New York Central and Hudson River haii-
road company at grade in Eleventh avenue, In ao-
| cordance with the SAKE law. The appicanon was
| made by r. J O'Neili and Samuel Hellinger, at
torneys for Leopold Helnger. of No II East goth
street, who owns considerable real estate In the
affected district The same attorneys also repre-
sent a of other property owners aionS
Eleventh avenue
Mr. Heinger in his petition cites that the SAKE
law provided for the removal of the tracks and
directed the Board of Rapid Transit Commission
ers to carry the provision into effect The Public
Service Commission, which succeeded the Board
of Rapid Transit Commissioners, he holds to be
responsible for the carrying out of the law. He
cites that more than year has elapsed without
action.
The petitioner alleges that the surface tracks
Of the railroad which abut on his property a
detriment and a menace to life.
William R. Wilcox. chairman of the Public Ser
vice Commission in commenting Justice Gon's
| order said:
This commission has done everything possible
the railroad property under the SAKE law THAT
York Central company failed agree within one
year upon plan for the removal of the tracks
the city should proceed to the condemnation of the
9roperty: per The SAKE law went into effect March
the city were to agree expired March 26 1901,
without such agreement M
succeeded to the powers of the Rapid Transit
Co and Il became ~ its Sd duty & to carry out
provides for the condemnation of the property
shall after the filing of said maps plans, di-
rect the Counsel to the corporation of the city of
to al sue legal aG or fo ey
Of 5 any such company ON operating such rsiway in
of in such public streets. avenues. PUBLIC parks
by which the Corporation Counsel shall begin con-
csme nto ooe and found tRat the RAPID
to ON AND 6sn 1h for be o m
it directed its engineers to prepare the maps and
plans es Of the Troad d era n a nf
fall. and November Is. 1907, this commission
plans to the Corporation Counsel and directing
that officer. in accordance with the PROVISIONS OF
Section of the SAKE law, to begin condemnation
the ESl corpoTation Counsel stating that the Rap
i'd Transit Commission had not proceeded in ac-
commission is now powerless to do anything in
the matter The letter also said that the failure
demnation proceedings within twelve months had
aSg Pnbifc ' Service 8Ts Commission in his opinion had
no power to initiate such condemnation proceed
As far as the commission is concerned, there
fore, it has done everything possible under + me
Sake law to bring about condemnat tion Its aeton lion
last November in calling upon the corporation n
Counsel to begin proceedings. was as Iar as II
could go under the law and the responsibility Tor
a failure to begin such proceedings should -est
where 1t belongs, namely, in the Corporation
Counsel's office.
There was an adjourned hearing yesterday before
Commissioner Eustis of the Public Service Com
mission on the complaint of the Eleventh Avenue
Track Removal Association against the New YORK
Central & Hudson River Railroad Company The
association maintains that two f1agmen instead of
one should be kept at each crossing.
Thomas ]. Lotus, superintendent of freight
traffic for the railroad company, submitted sched-
ules showing that trains Eleventh ave-
nue. between 3Oth and Goth street at a speed OF
only six miles hour. E. D, Hutchinson, an In
spector for the commission, testified that drivers
paid little or attention to the one fagman now
ernployed at crossings, but drove frequently IN
front of passing trains regardless OF the danger
H c. Schneider, secretary of the association, tried
hard TO have placed the record OF the hearing
a lot testimony taken before the old State Rail-
road Commission on a similar complaint, but
not successful