The sun., 1909-02-24
new MOVE TOSAYE nth AVE.
LEGISLATURE AGAIN INCLINED
TO TAKE A HAND.
Resolution Calling for Information as 10
the Centrais Rights Reported Favor.
abiy-BOhan Has q Drastic Remedy
Five cent Fare TO Coney Island.

Resolution Calling for Information as 10
the Centrai's Rights Reported Favor.
abiy-BOhan Has q Drastic Remedy
Five cent Fare TO Coney Island.
ALBANY, Feb. 23.--The agitation in the
Legislature for the removal or depression
OF the New York Central tracks ON
Eleventh avenue continues. Further legis.
lation Is likely to follow action taken by
the Assembly Cities Committee to-day.
Nothing has been accomplished under
the SAKE law. passed in 1909. which 1t
was believed would result either in an
agreement betwe,n ths city authorities
and the railroad company for the de-
preston Of the tracks or the acquisition
OF the railroad property and franchise
through condemnation proceedings.
Assemblyman James j. Hoey Of Man
haitian introduced some time ago a bill
extending the time for an agre sment
between the city authorities and the
railroad company aud he followed this
up with a resolution calling upon the
New York city Public Service Commits
sion to report on the present status Of the
Eleventh avenue matter The Cities Com
mittes considered the matter to-day and
Il developed that the New York city
Public Service Commission discussed this
subject thoroughly in its annual report,
outlining the various plans which had besn
suggested, though favoring none specially.
Accordingly the Cities Commits, de-
oidei to report favorably substitute
resolution asking the New York city
commission to report wi thin ten days
such information as II now has as to
the rights and franchises. il any. in and
to Eleventh avenue in Manhattan. now
vested in the New York Central Railroad
Company"
Assemblyman Hoey insists that the
original fifty year franchise Of the com
pany TO operate on Eleventh avenue
expired twenty-five years ago. but the
railroad officials insist that the general
railroad law passed. in the sos extended
this franchise for a period OF 500 years.
Proposed legislation upon this matter.
therefore, will await ths report Of the
Public Service Commission
Assemblyman Owen w. Bohln of
Manhattan introduced a somewhat more
drastic bill upon this subject to-day. II
provides that IL the railroad company
and the city authorities do not reach an
agreement 10y September 80 next the
city authorities shall go ahead and tear
up the railroad tracks on Eleventh avenue.
Assemblynlan A. r. Smith OF Manhattan
introduced in the Assembly to-day
view Of the fact that the Public
Service Commission. first district. had
had since February 10. 1908, a complaint
Of one McReynolds against the Brooklyn
Rapid Transit Company. alleging that it
was charging an excessive fare when It
exacted 10 cents for ride TO Coney Island.
and had not yet given a decision. the
t. when 1t expected TO decide the COM
plant.
The resolution asserted that the COM
pany had filed its answer TO the complaint
on March IL last and that the commission
had given a number Of hearings between
that date and June II last. on which latter
date the case had been closed and briefs
submitted.
The resolution was adopted
Senator Wagner. the original five cent
fare bill advocate in the Legislature.
tried 20 have the Senate adopt a similar
resolution. which also was advocated by
Senator Grady. but at the suggestion u
Senator Aids the Wagner resolution was
tabled until tomorrow.
Senator j Mayhem Wainwright Of
Westchester has introduced bill estab-
fishing a State Art Commission, TO be
Of eleven members, these
the Governor, the presidents Of the
Albright Art Gallery of Buffalo. the
Albany historical Society, the Metro
poitan Museum Of Art and the Brooklyn
Institute Of Arts and Sciences, the
State Commissioner of Education and
five persons 10 be appointed by the
Governor. including one painter, one
sculptor and one architect and two other
persons not members OF any branch Of
the profession of fine arts, from lists TO be
supplied by the Fine Arts Federation Of
New York, the Central New York Chapter
and the Buffalo Chapter of the American
Institute of Architects.
The term Of Office is to be three years, !
except in the case of the first members Of
he commission. whose terms are To be !
fixed by lot at one, two and three years I
They are to receive no other compensation !
than reimbursement for expenses
Assemblyman Patrick j. McGrath of
Manhattan and several ether members
Of the Legislature have introduced bills
repeating the Hartman law - 1903. which
was designed = keep copsumptive sani-
tariums from being in the vicinity Of
private parks and preserves. The AS
sembly Committee ON Public Health de- +.
cided to-day u report as a substitute for
all Of these measures "A committee bill
which will permit such sanltariunls to he
anywhere with the approval
Of the State Commissioner Of Health.
Gov. Hughes refused last year u sign
A bill making October ~. Columbus Day.
a legal holiday Nevertheless the AS
sembly Judiciary Committee decided to-
iay - report fave rably a bill to acc M
plish this purpose. II was introduced by
A. +. Smith Of Manhattan. /
The Senate Finance Committee has
agreed - permit an appropriation of /
'92. 900 at once to construct one wing at !
he state Consumptive Hospital at Ray I
)rook. which will acc immediate eighty I
additional patients. and making provision !
or the construction Of another wing next /.
'ear u accommodate the same number. !