Year: 1875

soner In the Department OF Docks; Mr.. Oliver H.
Palmer tho legal mind in the commission, and Mr. f. z.
Lawrence, had been named by the Supreme Court to
determine whether the New York Elevated Railroad
shall be constructed on the route authorized by the
First Rapid Transit Commission Notwithstanding the
opposition OF property along the proposed lne
a reporter sent to interview the gentlemen named
the subject Of their appointment what the nature
of their duties and how they propose to perform
them AS usual in such the gentlemen inquired
OF had received their first ntmation Of their ap-
pointment such commission through the columns
OF tho HERALD Mr. Oliver II. Palmer, however as
the representative OF the law The commission was
prepared 10 speak for them in far the expression
OF the necessity for correct understanding Of the
facts in the rapid transit and the duties Of the
new commission in regard to them are concerned


AS to the reason why they had not been informed of
their appointment when called upon II is sufficient
say that the officers in connection with it had not had
time perform that duty before the HERALD reporter
was with them II is the duty OF the attorney of the
petitioners to inform the Commissioners concerning
the requirements of such portions Of the act Of the
Legislature bear directly upon the case as 1t stands
at present and to upon them the notice OF their
appointment In the form of certified copy Of the
order appointing them. When this shall have been
done the Commissioners will meet and organize for the
purpose of hearing what remains to be SAID in regard
rapid transit pro and con, and decide upon the order Of
proceedings


In the meantime, however, il is felt to be of first i'm
portance that the public, and the property owners on
the proposed line for rapid transit should be Informed
exactly to the law in the case what proposed and
what is opposed, as far the plan laid down comes
into the case. That there very grave
cernng the Improvement apparent from the
sary fears of many prominent gentlemen in regard to
it, and for the purpose of correcting them the following
statement is made


The railway commissioners unable get the consent
OF onehaf OF the property along the proposed
line required by the act there is further provis
ion that in Of such failure commissioners shall be
appointed by the Court who shall give due hearing to
the parties interested and then make their report to
the Court whether such railway ought TO be
struced If they report that such railway ought TO be
laid their decision be taken in lieu of the consent
OF the property owners.


The act which provides for tho appointment of this
second commission provides that whenever II shall ap-
pear that there need OF steam railway for the trans
portaton Of passengers the Board of Supervisors may
appoint five commissioners, who shall be residents of
the county who shall have full power 10 provide for it,
as directed by the act When appointed such com
missioners shall give bond 70 the people OF the State
of New York, in the penal sum Of $25 600 for the
commissioners shall, within thirty days after
their organization, determine upon the necessity
for such railway and If they find it TO be necessary
they shall within sixty days tx the route, and they
shall have the exclusive 10 locate the route over,



or lands except Broadway and Fifth avenue, below
Fifty ninth street and Fourth avenue, above Forty.
second street. IN this CITY, excepting such streets and
avenues as are already legally designated for the main
line OF occupied by an elevated or underground rail-
way in operation and except such as are con-
tanned in public parks or occupied by buildings belong
ing TO the county, provided that The consent OF the
Of onehaf Of the property bounded on and the
consent also OF the local authorities having the control
of that portion OF street upon which 10 proposed 70
construct such railway be FIRST obtained case the
OF such property owners cannot be Obtained,
that the determination of .M


THESE COMMISSIONERS,


appointed by the General Term Of the Court given after


due hearing of all parties interested, and confirmed
by tie Court that such railway ought TO be construct
ed be taken in lieu OF the consent OF such property
4 owners The Commissioners required to give such
public notice as they may deem proper under such con-
! dtions and with such Inducements as may seem TO
them to be most expedient invite the submission OF
plans for the construction and operation OF such road
4 The Commissioners shall meet al place and time
namcd not more than ninety days after their organ.
ization and decide upon plan for the construction or
the railway with the necessary supports, turn outs,
switches sldngs connections landing places stations,
buildings platforms, starways elevations telegraph
and signal Services other requisite appliances upon
the route aud the locations determined by them.
! They are also TO determine the time within which
the railway shall be constructed and ready for opera
ton together with the maximum rates 10 be paid for
transportation the road, and tho hours during
which shall be run at reduced rates OF fare They
are also to determine the amount OF the capital stock
of the company the number of shares into which such
capital stock shall be divided and the percentage TO be
paid in cash on subscribing for shares They are TO
prepare articles of organization for the company in
which the several conditions, requirements and partic
ulars in accordance with the and provide for the
release forfeiture to the Supervisors OF the county
OF all rights and franchises acquired by such company
in such railway shall not be completed within the
time and upon the conditions provided. They are also
to cause book of subscription TO the capital stock OF
the company to be opened, pursuant to notice, at
banking Office in the city. .


whenever a sunicentsum shall have been subscribed
by less than twenty ye persons and the liked per
centage of such subscription shall have been pad IN
cash, the Commissioners snail call a meeting OF such
subscribers for organization and shall then select per-
who shall be directors Tor one year The directors
are aerward TO be chosen annually by the stockholders
each casting vote for each and everV share held
These directors snail have the power to require the
subscribers to the stock to pay such amount as they
have subscribed IN such manner and in such install
ments they may deem proper


\ THE STOCKHOLDERS ARE TO BE HELD LIABLE,


the stockholders in other roads. In the case
of this the for It's construction are TO
be held responsible for any Indebtedness to any laborer
for thirty or any number of days labor performed
constructing the road 10 the company, and the com
pany TO the aborers But no action can be maintained
against the company unless the same Is commenced
within thirty days after notice is given TO the company
by such laborer, as above provided


| The Commissioners to subscribe the oath pre-
scribed by the constitution, and any one OF them may
issue subpnnas and administer oaths TO witnessed
legations OF the parties and reduce the testimony to
writing They are TO ascertain and determine the
compensation which ought to be made by the company
10 parties interested In real estate appraised BY the


but are to make allowance or deduction on account
Of any real supposed benefits which parties IN inter-
est may derive from the construction OF the road


When these Commissioners shall have made their re-
the company must give notice 10 the partes inter


sted in accordance with the usual rule such
As soon a certified copy Of the order shall have
been made known and payment or deposit shall have
been made by the company OF the sums 70 De PAID as
compensation the land and for costs and expenses
they shall be entitled take possession OF and use
the lands for the purposes declared. Ithere shall be


ADVERSE AND CONFLICTING CLAIMANTS


TO the money TO be paid compensation for the real
estate taken the Court will settle the question This
corporation is TO have the power TO hold voluntary
grants Of real and other property shall be
made TO IT, aid IN the construction maintenance and
accommodation Of the road but IT used for the
purpose designated only The company Is to have the
power 70 enter upon and underneath several streets
avenues and public places and lands designated by the
Commissioners and enter into and upon the soil Of the
same and construct In accordance with the Railroad


law They are 10 have the power to make such
and openings along the shall be necessary
from time 70 time but all the surface OF the
streets around such foundations, piers, columns &c


as shall be found necessary shall be restored
nearly as may be, their former condition. When the