New-York tribune., 1908-06-08

SUPREME COURT. APPELLATE DIVI-
sion-First Department--In the mat
ter of the application Of the Public Service
Commission for the First District for the
appointment of three commissioners TO de
termne and report whether rapid transit
railway or railways for the transporta-
tton OF persons and property as determined
by the Commission ought 10 be construct
I'd and operated ed--Modihcatlons OF LeXlng-
ton Avenue Route--PGblic notice is hereby
given that pursuant TO the provisions OF
the Rapid Transit Act, being Chapter
Of the Laws of 1881. as amended, the PUB
lie Service Commission for the First Dis
trict will apply to the Appellate Division OF
the Supreme Court of the State of New
York in and for the First Judicial Depart
ment. at term thereof 10 be held at the
Appellate Division Court House, Madison
avenue ana East 25th street. Borough or
Manhattan, City Of New York. on the 18th
day Of June, 1905 at 1870 clock IN the
forenoon of that day, or soon thereafter
as counsel can be heard, for the appoint
ment OF three commissioners in the above
entitled matter TO determine and report
after due hearing whether railway or
railways in the said city for the convey
auce and transportation Of persons and
property ought 10 be constructed and oper-
ated in accordance with the notifications
adopted by the said Commission to the
original routes and general plan Of con
structlon. The papers upon which the
aforesaid apPllcation Will De made aSS the
petition Of the said tOmmi ssiun. dated the
4th day Of June 1905, and the affidavits and
papers accompanying the same. all of
which were filed in the office Of the Clerk
OF the said Appellate Division. on or about
the 4th DAY of June. 1905 and in addition
thereto such other papers as shall be pre-
sented to the court by the said Commis
sion. A description OF the notifications OF
the routes and general plan Of construction
OF the said railway or railways forms a
part Of the papers filed as aforesaid with
the said Clerk Of the said Appellate Divi-
sion. The following Is a br1ef ana SUB
stantial synopsis OF the notifications 70
the said rOute;-In the Borough OF Man
haitian. a new line is laid out extending
south from about East 36th street. under
Lexington avenue and Irving Place. 20
14th street, end thence under private prop
erty and the several cross streets 10 Broad
way at about East 9th street On Dexing-
ton avenue north Of East l2Sth street
the line IS changed from a rwO-track road
to a four track road and extends northerly
as a four-track road under lexington ave
nue.. the HARLEM River and Park avenue,
In the Borough Of The Bronx. Important
al l3Sth street are provided
for and an extension is laid out running
northerly under Mntt avenue ana WtstefiF
through East lalst street 10 connection
with another proposed rapid transit rail
road The object Of the aforesaid appli-
cation IL to obtain the appointment of com
rnissiOuers who shall determine. after pub
lie hearing OF all parties interested. whether
the modified portions Hf such railway or
railways ought to be constructed and
operated. and shall report The evidence
with report OF their determination, which
report. II In favor of the construct tion and
operation OF the modified portions OF such
aiIway or railways tas this commission
viii ask that IL shall be- shall when con
hrmei by said Court. be taken in lieu of
the consent of the property owners along
the line ~ the modified portions OF said
railway or railways
Dated New York Jurs 4th 1908
PUBLIC SERVICE COMMISSION
FOR THE FIRST DISTRICT.
b. WILLIAM r. WILCOX
Chairman.
TRAVIS II. WHITNEY
Secretary.