CnUCT'T^AR. ’.65 Nkw York, March 17, 1887. IN THE MATTER OF OPPOSING THE ARCADE RAILWAY COMPANY. The Committee acting for the property owners on Broadway and Madison avenue who oppose the Arcade scheme has refrained from publishing its views in the newspapers, but issues this circular to apprise its constituents and other owners on the imperiled streets of the present situation. THE SUIT. The Committee is in no way changed in its opinion by the recent decision of a single Judge at Special Term refusing to declare the Act of 1886 unconstitutional. The Committee forbears to discuss the decision, but has entire and unimpaired confidence, in which its counsel fully concur, that a decision by the higher Courts will overthrow the monstrous provisions of the statute of 1886. The case has been appealed and the Committee entertains no doubt whatever that the rights of the property owners wiU be sustained, and the pretences of the Arcade Company forever ended. A NEW AND IMPORTANT DECISION. The important decision of the Court of Appeals in the recent case of Lahr against the Metro¬ politan Elevated Hoad is equally applicable to an undergound road. This decision holds that abut- ting property owners have proprietary rights in the easements of light, air and access as appur¬ tenant to the bed of the street as well as to their buildings, and are entitled to protection from dis¬ turbances of every kind not incident to the ordiirary surface use of the street. It holds accordingly that the builders of such a railroad are liable to abutting owners for all damages, direct and indirect and these damages, including loss of rents, in the case of an Arcade Hoad, and especially during its construction, would be enormous. A DECEPTIVE CIRCULAR. Your Committee also calls attention to a recent circular, illustrated by diagrams, addressed by the Arcade Company to the property-owners. This circular, although styled a “ correct state¬ ment is grossly and dangerously deceptive, both in what it says and what it omits to say. It states that “ the Railway is restricted to 44 feet or curb to curb,” but it fails to say that the Act of 1868 gives it the exclusive use of 44 feet where the roadway is less than 44 feet in width, as be¬ tween Madison and Union Squares, or on Madison avenue, and gives it 60 feet on Broadway at Twenty-third street and for miles above Thirty-fourth street. In other words, and in fact, it gives from curb to curb whatever the distance betw^een cui’bs, but wEerever the distance between curbs is less than 44 feet it gives that number of feet for its tracks without I'egard to the curbs. It states that the Act of 1874 gave it 35 feet, whereas it gave it 32 feet only, outside measure¬ ment. y A It states “ That the space under the sideioalks is not taken, but remains as at present for vaults, or the exclusive use of the property-oioners.” And in the conspicuous diagrams which fonn part of the circular it pretends to show that its proposed structures will be confined to the centre of the street and will not interfere with vault rights, sidewalks or approaches to buildings. Its false pretences are obvious at a glance, for it utterly ignores the presence or necessity of side tracks, turnouts, stations, depots, approaches, apertui-es for light and air, and spaces for sewers; all of which structures are authorized by its charter and will be well nigh continuous on each side of the entire roadways and up to the very foundation of buildings. All doubt as to the intention of the Arcade Company in this respect is removed by the following extract from its Act of 188G (Sec. 8): “ com 2 )any may, at such points, as it shall deem suitable and necessary, open or excavate and use beloxo the existing swface of any street, avenue, square or “ public place, or amj side or crosswalk adjacent to any street, avenue, park, square or public place, “ under or along which its roadbed shall run, a space of such width and length as it shall require for “ the location and construction of depots or stations, and the necessary platforms and apxproaches. In “ the spaces so opened or excavated such company shall lay substantial footwaxjs, and connect the same “ by stairicays or other suitable ways or means of communication, icith the street surface of any such “ walk, street, avenue, park or jnihlic place. Whenever any excavation or opening, contemplated ‘ ifi this section, is made * * * the said company 7nay,for the purpose of affording light and “ air to its railxcays or statioxis, platform.s and approaches and the sub-surface walks, keep and main- “ tain open grated spaces, not exceeding six feet in width, from and along the hoxise line on each side “ of any street, avenue or public pdace xinder which its main or branch line shall be constructed." The absurd pictures circulated by the Ai’cade Company need deceive no one. We must look to the provisions of the law to ascertain what the Arcade schemers mean to do. The vast sums of money and the political combinations which secured the enactment of this law were not provided except with the intention of using the full powers conferred, although their use would bring disas¬ ter upon public and private property of inestimable values. The diagiam sent herewith is a correct exhibit of the sweeping grant of space made to the Arcade Company by the Act of 1886, which we hold to be xinconstitutional. GENERAL COMMITTEE. Edmuxd Uiuggs, AVii.liam AVAldorf Astor, Chairman, S. A'. R. Cruger, Henry Hilton, Eugene Higgins, A\^ D. Sloane, O. B. Potter, George G. Willlvms, Treasurer, Albon P. Man, Edward Mitchell, Santiford Hunt, Her.mann H. Cammann, AA'illiam E. Dodge, James AI. Constable, Charles L. Tiffany. EXECUTIA'E coaimittee. O. B. Potter, Chairman, Henry H. Rice, Secretary, 38 Park Row, 784 P>roadway, S. \. P». Cruger, Edward AIitchell, Hermann H. Cammann. 3Nn 39nOH u oc o Ll Co (pi fh* •s ‘O) •s S * CO o ■i-i Co p^ S:j -+i> •n -fi CO r-N PN, c^ ?55 -to* r*» r«>» o r^ is hCi s CO in ;s rsi s s .s •v • hi) 'O/. ^ ^^a • p^ r«i r^ o> pN, PN* • hi) s »■«*) CO pw CO <© •+;> CO CO > ^ o »rO CN P P - S' q:, i<^ ~i -Ki •-§ -S SCi V CO 8 o i, • f«i CO rK. 3 ^1 ?$ •tO CO r~J o s « ^ - Co r^, o • lO CO • hi S> o Co g '©Jl <55 So -«