New-York tribune., 1908-06-11

,TrPREME COURT. APPELLATE DIVI--
sIon-F!rst Departmental the mat
ter OF the application OF the PUBIC service
Commission for the First District Tor ths
appofntrnent Of three commissioners to de-
terrnine and report whether rapid trdnsls
railway or railways for the transporAT
tion OF persons and property as deterIninea
by the Commission ought to be construct
ed and operated.-Modihcations OF Lexing-
ton Avenue Route--Public notice Is hereoy
tbs Even Rapid tDa fTansit Act. being Chapter :
OF the Laws OF 1891 as amended. the PUB
lie Service Commission for the First DIS.
trict will apply TO the Appellate Division or
the Supreme Court OF the state OF New
York in and for the First Judicial Depart
ment. at term thereof TO be held at ths
Appellate Division Court House. Madison
avenue and East 25th street. Borough OF
Manhattan. Cirv OF New York. on the 18TH
day OF June. 1905. at 1870 O'Clock in tbs
forenoon OK that day. or as soon thereafter
as counsel can be heard. for the appoint
ment OF three commissioners in the abovs
entitled matter 10 deternins and report
after due hearing whether railway Or
railways in the said city for the convey.
ance and transportation OF persons and
property ought TO be constructed and oper<
sted in accordance with the Hodlncations
adopted by the said Commission 70 ths
original routes and general plan % con-
struction- The papers upon which ths
aforesaid application will be made ars tiIs
petition OF the said Commission. dated tbs
4th day Of June 1905 and the affsdavits ard
papers accompanying the same. al o.
which were flied N LHe once OF tns N.eIR
OF the said Appellate Division on or about
the 4th day OF June. 1905. and IN adcitic1
thereto such other papers as shall De pre-
sented 10 the court by the said ConiInis-
sion A description OF the notifications ot
the routes and general plan OF construction
OF the said railway or railways forms 4
part OF the papers fled aforesaid with
the said Clerk Of the said Appellate Divt-
sion The following Is a brief and sub
stantial synopsis of the notifications IA
the said route:-In the Borough OF Man
f-a Is extending
south from about East 36th street. under
Lexington avenue and Irving Place. 90
18th street and thence under private prop
erty and the several cross streets 70 Broad
way at about East 9th street On Lexins-
ton avenue. north OF East 12Sth street.
the line Is changed from two-rrack road
20 a four-track road and extends northsrly
as a four-trsck road under lexington ave-
nue. the Harlem River and Park avenue.
IN the Borough OF The Bronx. Importans
connections at i3Sth street are provided
for and an extension IL laid out running
north-rly under Mott avenue and westerly
through East 151st street TO a connectioa
with another proposed rapid transit rail-
road. The object OF the aforesaid appli-
cation Is to obtain the appointment OF CON-
nissioners who shall determine. after pub
lie hearing OF all parties interested whether
the modified portions OF such railway o.
railways ought 10 be constructed and
operated. and shall report the evidence
taken to said Appellate Division. together
with report OF their determination. which
report. II in favor OF the construction and
operation OF the modified portions OF such
railway or railways (as this commission
will ask that II shall be- shall when con
nrmed by said Court. be taken IN lieu ot
the consent OF the property owners alore
the line OF the modified portions os said
railway or railways.
Dated. New York Jun. 4tS. 1908
PUBLIC SERVICE COMMISSION
FOR THE FIRST DISTRICT
b. WILLIAM R. WILCOX.
Chairman
TRAVIS H WHITNEY.
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