New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-04-04
PAYMENTS FOR FRANCHISES.
GROSS EARNINGS AND GROSS RECEIPTS.


BRIDGE COMPANY AND THOSE PioPoos-D
FOR THE HUCELEBERRy ROAD.
IrRoM THE REGULAR CORRESPONDENT OF The rhiNo'N'
Albany, April 3.-was Governor fio"er VIM |
street fnancIer as lie Is, guled by the orish' nv" m
persuaded him to sign tie bill Incorporating "'0 ~
River Bridge Company This Is quesuoh soiio MI.
bers Of tho LEGISLATURE are now asking. In view vi JUG
fact that on Tuesday the IIucklcbery" Halfway o'i
will come up in the Senate on third reaoihs a"u go |
this bill has financial conditions attached W VIZ
are somewhat similar to those which MI flo"e' "P
proved when he signed the East River Briose o'h'
II the financial conditions when Mt. fio"o' wv.
eyacted from, the East River Bridge Company arc
w,,rtllxsss the conditions which the uo'er""
seeks to impose upon te "HhcheoeHs
way may Justly be looked upon with suSp,o'ou
And the matter Is Of the greater iihpo '"'"
from the fact that Mr. Flower proposes 10 hnpo'0
similar conditions OH other corporations OF INC
nature Thus, the Long Island Railway oon'-
mny desires permission to build big bridge over
tho East River at the southern end OF BlacRwers
Island between Long Island City and New-lorh' n"u
e. s said that Governor Flower intends that " sna
pay a percentage upon the " earnings ''n"oi %
amount to that which the Fast River B1oso COMPANY
is pledged to pay. Mr. Flower seemed 70 'inh, ""o"
no s,oned tho East River Bridge Act that GROSS rV
cc,rs- and GROSS earnings synonymous TERMS
The English language Is flexible one, but IL h"rus
c,r ba thourht that the words referred TO can M'e
any such synonymous nearing. Certainly the groe'
earnings OF a railroad corporation may DC '"r ioe'
| than It's "gross receipts Its =" enrhings rs es
erollv understood, mean what money remains III i
hands after the proper charges have been 80
II Is section 81 Of Chapter 1Ol OF the LAWS VI az,
which nrovIdes for the payment OF something py t'c
East River Bridge Company to the clues OF
and Brooklyn for It's great franchises hhos' go
where in that section the term !" gross earnings III
stead of gross receipts Is used iie~ Is lno ~
| ton: -,
sec Of The president Of said corporation
sha annually make verified report to the Conooer Ut
chief fiscal officer the cities Of New'fork ana bfoohyh
on or before the November In each year OF inc
gross amount OF receipts for the year alng sep"pr
80 next preceding, and also detailed ae'ouh' OF ' '
earnings during period and the books OF such eorpo
ton shall be open 70 Inspection ana examination " -.
Of said Controller, or Officers the duly appointed agents
OF either OF hem for the purpose OF ascerahihe c o
,.c,ness ~ s report "a its earnings whenever
such earnings shall, during any period oil SIN 'no".',
exceed an average ot $1,000 per day uheh aua Al '
event the said company shall thereafter ANNUALLY y" ~
first day Of December, pay into the treasures VI ~
| ,oct,ye cities IN which portion OF any D''use VI
bridges or any approach thereto or any 'is'An VI -
| au-ay which may Dc owned CONTROLLED nahssu "
on.,,sd hy said company snail DC -,
| P''. ~ od, ~ the sinking funds OF 1e
| ,d cities respectively, sum eq"'"i"s
tho aggregate one per cen: q It's gross earn'"s'
| aid bridge or bridges from any ot lt' opp'' -
,,, anv such elevated other railway or ia"a's' any
s,.,, n,roi novmeot OF ono per cent OF sueh Proes
| a,,,s hail b, made by said company IN ike "S"
,or each multiple OF 5000 per DAY d sueh o.Ser
o,rinc. such PAYMENT shall be In addition 70 ~" v~
| ~. ~ which said company NAV be subject Inc S"
| -. ..n J.. annually divided among the treasures
/ - Tho c,,ies entitled thereto proportion u the a'e'
| value OF the real estate In each OF sara c'"e' ;, oh
shall appear By the lat completed a-s 49, "a I'm
NJ, aid cities The corporate rgh''' pfi'heteH a -
- ,eo, s nv such corporation. IL shall fan % com
o,v with all the provisions Of nl' section, .n'' "
,ci,od he people Of the stnt oil Ne" -, ~ h.
drrcn n, forfeiture rendered action brought w He
peope in the name o. the AttIn's'"eh''N' ~ Ill
a.. a.tnr,nina The payments herein proNilea LOT s""
. made upon the earnings Of either OF p''" VI -
,rlg.. herein authorized - b" constructed anu u' W
gross earnings Of any OF The approa'h's which
the gr,. earnings Of any elevated or oihef f'h"'!
I,h. aid company may at any time ,oqulIe own iNsI
control or operate. whether the same shat fc.. " "a
lnosscsslon control, management or oprS'to" VI w :,
o,nrany or ot ans company or indiVnuas' gnu
- , "a - naid IN the ~ any lease, consoIuh'
ton merger or other disposition thereof Ana II u ~
bridges or either Of them, or any OF the
o- any such e,atcd or other railway OF Ia'"''
~. opcra,ed IN connection with any other ra"N"s OF ~
,r. the gross earnings for passengers ana pop"rs'
ot ,or the purposes u payments herein pF"Sae' o'
he decreased thereby -, .,
This section Therefore. provides mat wiz" Wv
gross earning" Of the corporat.'n sha1' a''"s s
,c1ni Of slxtmonhs exceed an average OF r''o'" Il
= 49,, D.. Nv ,nonths or I'm other words. shall amount
n :, 400 COO a year il shall pay n certain percehu'Ge
. thai amount 10 the cities 81 Newiork ana BROOK
Ilyn The Governor certainly has not impo'ed n"'
conditions. on the contrlry. thew are Su'h e''' e"'
dItion, that 1t can now DC predicted lat Tue r~'S'
pivcr Fridge COMPANY will the cities OF New
: work aod nr,okyn penny for is valuable FRANCHISE
. | A., ,ou. comes the llucklebcrry- Railway or In
. o,h.r words Tho Union Railway COMPANY OF the
4 Annexed District Offering 10 submit ID soWe ~"'
similar conditions 10 Is true the conditions are hp
parcntly harder. but 1t can b" doubted II thev are
a,,.,,,,. h,rder The amendments made 10 the
,,,rr votlrcod Conpnnv's charter provide that
when IL, gross earnings shall during any period OF
e,x month, exceed AN average OF Sl7o0 day. OF
1870 500 year. Il shall paw n certain amount INTO the
city treasury Here IS the amendment which the
.enate will act upon on Tuesday:
see 4, Tho president and treasurer OF the aid Union
Railway Company dali annually make verified state
mcnt to the Controller 81 the CITY Of New-forN on o'
before the rrt day OF September each year OF the sros
amount of receipts for the year endns June ~ n'
n-.ccinc and also detailed account Of ia daily earn
Inc. during that period and the books OF sad company
hail Ia onen To lnspec ton and examination By said Con
,rocr or his duly appointed asent Tor the purpose o
ascersinng The correctness Of IL report as u it sros
,,o,q. and may take proofs In relation heeto When
ever such earnings shall during any period of SIX months
>co an average II ~ 700 PER day. thea, and Ia TIA
event the said company shall thereuion annually Oh 'h
frat day u December pay into the Treasury OF the e
~ vcw York IN the credit the sinking fund Of the sat
y ETY. A sum cQulng IN the aggregate per cent ot ~
. rec,ips and an additional annual payment q -
, .rt ~ such gfos. earnings shall he made BY said com
many IN like manner from each multiple OF slIoo pc
v Of such average gross eirning' The gross recept
. nil the lines of road owned by said company, whethc
o.,,d hv aid comrany or lessee, thereof Of an
uottou thereof shalt be deemed gross "a ninHs a >a'
rompany within the meaning Of this section The pay
men Of the percentage ot receipts herein provides
for shall be- IN lieu o all ouer percentages "h'eh al
- IN, olds consolidating and forming the -sd tnloi
Railway ,onpany may toforc be liable u Iay Oh u
= receipts.
In this section II is expressly provided that eros
earnings mean gross receipts That improves IN
l. provision when 1t IS cOntraNt"d with Tue sohe"n"
similar one I'm the East River Bridge bill IL the latte
It hin had defined gross earnings as the llncklt
II berry, Railroad b there would not be 80 much obc'
IT ton io &C. II really does look as II Mr.. Flower wa
d deceived when he though. he had obtained ronetnih