The sun. [volume] (New York [N.Y.]) 1833-1916, 1875-10-23
AFERRlUNDER CR0SS-FIRE
yHE UNCERTAINTY or CONTR1 CTS
MADE WITH the CTR.
A uuddie OF Precedent and Charter-Nakins
| I'd the Cla-bina Claims Of Omcinis-The
iense Of the old barge Once Piers.


On Thursday the Aldermen formally
established the ferry route upon which the
North Shore Ferry Company have been running
for nearly two years, between whitehall street
aud staten Island. Tho action was taken at the
request Of the COMPANY, in order to render valid
n lease executed IN January, 1874, by the Dock
Commissioners, whose authority 10 nov ques-
toned. Prior to 1874 the United States had oc-
cupied the pier aud slip for many years with
their barge office, at an annual rental Of only
f1,5O0. II written lease was ever executed, IL
was long ago outlived, and the right " the Gov
ernment was at best only prescriptive. Still,
through courtesy to the national authorities, no
steps were taken to disturb the occupants.
THE original Dock Commission, Immediately
after their appointment, informally requested
the Collector Of the Port to rellnquish the claims
Of the Government, but no decislve action
taken until the winter OF 1873, when tho Colec-
tor ssid he was willing to move 20 a less valu-
able place that equally we'll suited to his
needs. In December 1879. the Dock Commits
sioners beg IN to tear down the barge once, and
about that time the North Shore Ferry Com pany
made tormul hid for the pier at $1,000 year.
aud the Union Ferry Company maze ono less
formal, also Offering $4,000 year They wished
| to nave II though 10 supplement tue accommo-
dstions they already had for their ferry pl ing
were for the use Of the bulkheid. pier, aud alp.
In aodi.ton TO tho rental, the existing custom
| OF the COmptrOlera once evlcS n tax OF ~ per
| cent. on the ferry companys gross receipts and
| this ~ per cent the ComptrOler's ONCE views
a. Its part Of the city's compensation for ferry
The North Shore Company claimed exemp-
tion from this rule on the plea that their boats
| sengers," and not merely ferries" and thoy
stipulated that In case the tax should 9e col
| lected from them, II should he deducted from
the rental. The Union Ferry Company made no
| sucn Limitation. and the rental, substantially,
| though not formally offered by them. would
| prnDanlV have amounted f1b.nn The Dock
| Commissioners, though, decided t. lease TO the
North shore COMPANY, snd last night Mr.. West
| erNelt, In explanation, said
| "lhe North shore Company was nrst before
us aud in regular foriu. their bid we con-
| sidered TO he the same as that OF the Union
| Ferry Company, for II was our opinion, and Is
now, that the tax OF ~ per cent on the gross
or municipal inactment. and that company
could not be .compeIled TO pay IL. Moreover.
manded thar additional facilities be extended
to stateu lsland rather than to Brooklyn, for
troIed 100 feet of our water frost at nominal
| badly crowded"
| A con piication IN the case arose by the Com
| missionerr OF the sinking Fund In April 1874,
after the North Shore Company had taken pus-
session ~ the premises. advertising for bids for
| tue ferry route" For through innarmon 10 q. 3
legislation the rtsht to establish ferries is said
| to be with the commonalty, the right TO lease
ferry routes with the Commissioner of the
sinking Fund, and the right To lease piers with
| tho Commissioners OF Docks. In reply to the
advertisement Of the Commissioners OF the
sinking Fund only ono fesponsibls hid was
offered, aud that was ccndltloned upon radi-
cal change In the route. IL was As follows
UsIoN Fnnar oyFIcE. euookLrs, April 80. 1874.
Hsr .s't r. s9,YssSt, ,t cSo ig g Nsg lSt a. M,
bid ior the sp foot OF wnitsas according 70 5e term.
10 run .%a re- sTy SHssF sd o s
BrHo1yn ,o. COMPANY VII 'sse tha lease a,
.o@p.py doe: s9, :Ish Intend % q .ny,slns uaisa
.s%s e s :. e,
Very respectfully, c. p. sxrrn
| No notice was taken of this bid and the North
shore Company continued 10 hold the premises
Of the Siusins Fund agreeing thay they mad au
tnority TO max. tue lease order the clause that
ouIkbesds to the sole use OF specisl Kinds OF
conmerce ny private sale. The Union Fery
August. 1875, wben tney formslly requested ths
| DOCK Commissioners to set ASIDE tue existing
lease to the North shore Company as illegal be
cause made at private letting, and TO eel the
right by auction. they offered an upset bid OF
tl2.U0 The Dock Commissioners referred the
matter to the Corporation Counsel for his opin-
ion and that has not yet been gwen, but In the
mean tune 10th companrs, to strengthen tneiI
| causes, applied TO tue Common Council To e.
tablisn their respective routes. The Common
Council decided in favor Of the \ orth Snore COM
pAny. In relation To this decision, Mr.. SmiIh oil
the Union Ferry Company said. yesterday
suppose now tnat the Common Council had
established the routes 70 whiOn we asked &c
Hamilton avenue. such action would 10 us NJ
good. Tor we could not occupy the premises un
lcss we could get the lease set aside toat the
|
Company. And, under the saue Imposition
the lease would do the North Shore Company
no good unless they consenthd to run tu Haniil
ton avenue instead Of to staten Island IL l. easl
to imagine a q SO IN which oy TINS divided Hu
thoTity valuable slip might De left ten ntles
ana valueless." The -ubject Is one oepcnd IN!
largely upon the construction Of legislative en-
.cuments. The Commissioners think that ,u'
extensive Discretionary powers given to III II
hive vested In them ali control of the piers sut
slips, while those VINO dispute them say tnat h.
powers given to the Common Council 70 establish
ferry routes by the old DUNCAN aud siontgOiner
| charter have never been repealed.
. As has already been said, the Staten Islhn,
companies claim exemption from the rule u
the Comptroller's ofcO tnat leyies 2H per cent
, | upon the grOss receipts of Terry companies
, 1ney say th.t they are not "ferrics," but sup
ping" and they have refused t. pay the assess
| ment The Guy therefore brought euit q
restain them, and, TO ey de an injunction. th
| Nortt shore Company sold their UoAls 70 IN
a esdsnt az ina ""r:,.ny, 49,. :. 49,. a.. ende
ton. lie continued Ia run ;he bUats, and th
r ciy amended their complaint by making hin
. | one OF the parties defendant. Yesterday judy
. | Van Worst ordered that Pendeton be impTisOu
: cd thirty days and levied upon him nte q
, | SEQ he Judge also nned each of the com
panies $50 ana costs.
Mayor Havemeyer's Body.
The body OF the late Mayor Haveineyer hs
| been taken from Greenwood Cemetery aud reiperrs