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VJ", . " "I?! . - ' "err" *' 3'" ', . 4;)" . 'jg'l" _.,,.,..-.:', _ 'V l, TORONTO, TUESDAY, .MAROH'IV , Cl. .__,- ...s 'i ' _.-,-------- TIRE IS DANGER _ , I , City Bus Power Now. l 1 Under this clause there cum he no! . N THIS L fl , doubt that the city has just as much: ' "itrht to build a tube roadway under 'Yonge street without compensation as -t-.--.----l. " sewer or any other public work. The Toronto Railway sho,ul.d have F . . . . been left to obtain compensation ]for " disturbance under the common aw arm In Whior Tube building like any other suitor. The Street . . . Railway Company has exclusive sur- Authority IS Given. face rights for eleven years more in l the older portion of the city. It has ..__.____--- not now and never had the remotest claim to underground rights, and ..it is ominous to see how keenly the rail- MEANS FUTURE TROUBLE.' way lawyers are, tlghting by hook or i by crook to have the company made i a party. even in a negative sense, to I _-e-___-_--, -.._._r__e-_ - i the tube agreement. if the Premier I i is sincerely desirous of aiding the . . city he will exclude all mention of . Compensation Plan avesi surface railways or their rights from . I the tube agreement. Street Railwa a Lever. I ',' y _ Adopted Yesterday. - e-te- ------_-e. l The clause set forth above was tin-l ; ally adopted by the special sub-con»! ,. . . . . ' t_. ; mittee of the Private Bills Committee Measuie as Diaiu-d for Fitthtttirimiott to; appointed to determine the statutory, Private "ills Cottttttltiee ot' the! protection to he accorded the street, . . . railway and private property-owners in Legislature To-day Cott,ititttte.uitti event of damages by reason of them; Grave Dung-0r to l ' . I it. -3 construction or operation of the-l I I t " Ptt tlit In : "tttbest." Mr. W. S. Brewster was the! f leresls. Chairman. and the other members! _ , present were Messrs. W. l". Nickle, T. I -_-v._-_ - A , W. McGarry, John Shaw and W. D. I ,' McPherson. The city was represent- , ' , tt . . . a . ' 7 um", danger to the "min. interest! ed by Mayor .thl'} and boluitor y. ll. l _ l Johnson, while Messrs. H. S. Osler, lurks m the form in which the' Willi-W} K.C., Allan Royce and H. J. Wright lauthorizing in.- city to blind an "in. represented the "i'/"a1'aalr1'i"p;iitts. _ ... It was agreed t at c B root rail- (uertrrouuu tulre system has lweii, w _ ' 7 , . . ' . . r ay was entitled to no consideration ldrafted rot. pt'esentutton to the for damages under Operation, hut the. Private Hills Committee to-day. Tht. majority of the committee held thatl clause is as "ollows:--- DEW?!" til',',',")',??',. J,',Ti'i,,, J?g;ic,rrty,t,tC,,) .. BrNB. ' ' _.'... ". orv )ram o a oi - , .'y '(s The corporation of tin ( ll) ot' lo- principally in question. I ronto may construct. build, maintain M CI ' g t it d l and operate a system of underground A any ,lauses .uim te . i railways tor the transportation oi" For two hours thehlegall rxperts' Pr"-', passengers and freight and may ar-', '33!" grappled in? ly,'- Pm dorm} . ' I , L Clause after clause wny; submitted and qutre any land t1eC'ets'.sat'Y for construe- rejected, and passages at arms wercl tion and operation thereof. with op' I'll'equehnt.i Mr. McGarry told, his Ivor- .withom th ' . .. s tip t at n his eagerness to get every- tl f e '"1".'f,el.t. of the 1twnet'S, thing for the city he was sacrificing .iereo. upon making due compcnsu- the interests of private citizens and) tion under the provisions of the muni- property-owners. The Mayor declaredf cipal act for all land so taken or in- the inference was an ttnfaiv.ono, aryl:' t-i " 'f--, , . .qmrSct ' . protested that e was anxious only; in ously Ifecty b.s reason ot the to secure the best for tho whole city. ' construction ot the railway hereby "I thought that you had got your: authorized. or by the exercise of the lesson on insisting on too much in the; .er'el' hereby conferred, and upon committee the other day," Was MLE imaking componsation also for dam-L Osler"s thrust at Mr. McPherson. l, Iages, if any, suffered by any Ins LOSS". i irailway company by the work of "The railways and their friends are, tactual construction of such "a" giving me my lesson." shot buck the; . . ""'. member, "so you can go on with your Item. to, the working ol the rail- inunts." "35 ot any such company, and The Mayor submitted that the citi- the works connected therewith; zens were fully protected under the: provided, however. that 'u -l i r y', municipal act. hut the legal. members; shall not include anvb 'dui,nme1ll,a"Ce/', of the committee did not think so. , compensation from Which under any Mr, Shaw urged that while it was agreement the said railway is ex; just and desirahle to protect all empt, or any damages bv reason ot' (parties from.loss, the clause must not, competition with am. othe'r railway" he made wide enough to invite all; ' .'. .kinds of lawsuits against the city'i Mean- Endless Litigation. T "It is our business to see to it that.' , . both the citizens and the city ar ade- This clause confers on the Toi'onto . ., ' I.. e ' 'Railway the power of endless 'iiliir'2' 'quateh protected, he ohseixed. l 'tion, and is a direct nulliticatioo of q-tr-_-----------------------;-.- i gelause 18 ot the original Street Rall.. _ way agreement of 1891, which pro- vides that "the city shall have the right to take up and replace the streets traversed by the railway lines for the Purpose of altering the grades thereof, constructing or repairing payements. sewers. drains or con- dutts. IM' for laying down or repair- ing water Ot' gas pipes. and for all . [other Purposes within the powers of 'the corporation. without being liable for any compensation or damage that may be occasioned to the working of the railway or the works connected; therewith." l