New-York tribune., 1892-03-11
THE CANTOR ACT.
IT'S AUTHOR TO URGE IMPORTANT ALTER
ATION- TO IT.
THE ,urvnuryTs AIMED AT PREVENTING PRE-
TENDED COMPETITION FOR STREET.
RAILWAY FRANCHISES.
TELEGRAPH TIE rkIDCSEI

,, prcoilvp and Bnfalo from the operation oi '"o
cantor act requiring that street railway iIaucSc'
shall he sold to the highest bidder gave senator D
Az opportunity to-day to answer the cn'ci7' Vi '
act In the Governors message OF Mohday msn'' ~
achrovIedard that the Cantor street Railway Ia" "a'
imperfcct and said that he had In pepaihuo" ,"'
amendments TO prevent bogus bidding ana 10 rem"
hu,c tiIaers for the rltlay Of obtaining cohseu's u
nr,,.rtv ornerS wien they fail to get the iiahch''e.
senator Coceeshal said that the effect OF 'h' III" '"
been 10 foster monopoie7 II wo"h DE pe,te' ,o ''S
cities II IL should be repealed 9ehh'ors 'oN'''n' 49,
Edwards gave testimony concerning the eV' ei.U' W
the law IN Brooklyu and Buffalo senator Mc' arN
,is ,hot Govcruor Flower favored tlfs exemption
sora,or NoNrrr thought it might be good thing II
railways hereafter Organized should be required 10 ~
duce their tare to thfee or four cents Ihe D' WINS
t,en passed by an almost unanimous vote
This evening Senator Cantor gave ont for pup'ca
,on the amendments to the Cantor Street Railway law
which he prepared. These amendments VIII po V.
s,ote ,rde interest since they apply TO the SAFE OIL
ytraet railway frnchses in Newfork, BROOKLYN Bur
olo Albany and Rochester. His amendments a'c op'
cta y drawn with the aim OF preventing poN"9 o'''p'
tit,on for street -rnway anchises Every co'p'r"uo"
Kidding for such u franchise must give ponn =" .0
amount or S5O,Oco tfst 1t will ise s franch'e "i'"'"
,abten months from the date Of the sale OF me iisn
chse TO it unless the railroad is built withh ''p''
time the bond Is 20 be forfeited Mr. cantor VIII In
trodnce his important I'LL TO morrow, "1o II y vi SUI"
general interest that II h given In fnil belo"
section 1-section 90 Of the Railroad law IS hereoS
amonded TO read &c follows:
section 93-Couditlon upon which consent shaa oe
given sale Of franchise at public auction Inc ooA %
sent II the local authorities. In cities containing WV"
inhabitants or over. according to te last feuera'
census must confirm tine condition ths uhe ''o''''
franchise and privilege Of using any street "s""a,'
avenue park or public place shall be sold ut punlc
aucton TO the bidder who Will agree to give the cV
~
Of such oorpuaon with a bond or undertaking. IL,
ouch frrm or amount and with such conditions ana
suretics rs may be required, and approved 10y I"o
Controller or other chief fiscal officer OF the cS l''
the fulnlmcut OF such agreement, ana Tor the con"
mcnccment within year OF such roed and its com
plcton within three years from the date 0i sale "c
ooriing to the plan plans and on the route OF
routes hxed for its Constructions
Whenever such consent hall provide for the sale
AT public auction nf tic Eight to construct ard operate
a branch or extension of existing rnIrEm' sue"
consent shall provide that but one fare shall be eN
acted for passage such branch or extension ana
over the line Of road which shall have applied there
FIR and further that il such right shall be pur-
chased by any corppr,ton other than the applcant'
the gros, receipts from Joint business shall be dVded
in the proportion that the length OF such extension
or branch 20 shah bear b. the length of the rod
which shall have applied therefor ana mat
II .uch right shall BE- purchased by the applicant the
percentage ~ paid shall be calculated on such portion
~ ~ rrss receipts as shall bear the proportion
to Tie wlrle value thereof as the length Of such ex-
cnson or branch shall b the entire length OF It's
The bidder 10 whom snCh right franchise and prvi-
lcge may be sold must be- duly Incorporated rail
rod corporation Of this state organized To construct
maintain and operate a street railroad In the city
for which consent may be given; but no suoh cor
porauu shall De entitled 10 bid at any such s"le
unless days prior to the day liked for snch s'he'
or five days prior to the day to which such sale snail
have been duly adjourned, the corporation snail hie
with he Controller other chief fiscal ohcer of 'he
ci,y H. bond to the city In the sum of soo'ooo as
uond.,,s, damages and not by way Of penalty. with
| sphnc.nt sur,ties approved by such Controller or
officer: conditioned that, II such right. FRANCHISE hpu
navlige shall be sold TO such coriorhtoh' IL VIII
fIGl the terms Of the sale, and begin IN" cohStrno
ZION of such rad within six months from the
| date Of such sale. and complete the sHn'
within cirhte.cn months from such date. according
o. the uluu ar plans on the route routes hNch lor
IT, con r1ction and II the corporation shall not nave
| obtained the cone.nt II property owners IN "'c"'"
ance with section 81 ~ this act such bono '"'i "
further conditioned for the payment to the corpora
tion wldch shall have obtained snch consents VI INV
| reasonable expense II obtaining the same
| Notice II the time. place and terms of suoh SAFE
d = A.. r,ute or routes TO bc sold and of tho con
d,,,o,s n,s which the consent OF the local huthorl-
lies 40 the construction operation ar eNtiSioh vi
snch street railroad l. 10 be Hvon must be pnDshed
| by alch authorities for 1T l"ist thrc -uc'csNiVc
weeks. and IN aus city having two or more u''',
n.v,.na,ers at least nircc times week in two of
such p,pcrs 10 b. designated hy the Mayor ""u III
any civ where two daily newspapers nre not pup
u.h.I nt lenst once a week In newspaper pubIlShcu
,hrc 10 l.. designated ,by the Mayor. The 'oh'fplF
or other chief fiscal officer Of tho diy shall aueiu anu
conduct such sale. and maN twice adjourn Tue S''o
but MT nor, than four weeks I'm ALL ana uhN) 'h'
co,c,l any bid II The bidder dOcs shall not nave h'r
Ih.d h,rui-p ADEQUATE security enutIlng such bidder
H. hid or slnLl Otherwise fall Ia comply VITA inc
terms and conditions Of sale; and may resell the con
c,, and ltcen.e in the same manner rs herein pro
yslcd for TIE first sne.
,bo ,sddcr who may build and operate such rail-
! road shall at all dmes keep accurate books "l ac
| connt of the business and earnings Of such rHfoau
which books shall at all times be subIcot 10 ue IN
s,c,on of the local authorities. In the event or
the failure or refusal OF the party or corporation op
Grating or using such railroad M pay the rental OF
p-rcptage Of gross earnings agreed upon and aiter
not,c,, Of not less than sixty days to pay the same
te local authorities interested therein may Apply 10
auy court having jurisdiction, upon at least t"rh,S
d., nn,icH 10 such corpor7ton und after II shall
have bsd al opportunity TO be hearu III itS uoleu
Sor ndgucnt declaring forfeited and authorizing he
al as,in Of the same I'll the manner herein before
prescribed and such rsole shall w subject 10 ai cn
and ineumoranoe, eM,ns @ ~ sn drcIared cThe con.
and right 20 operate 'hch W r1sU,u @ MAJ nn h.rny
cl,red forfeited BY the judgment o auN
Iurlsdlcton after the party corposon shall nave
had opportunity to he heard In Its defence ana tne
sa,ne NAV he again sold to the highest bidder III the
monncr above propidcd All consents hereafter gwen
by tlo local authorities shall cease ana determine at
| tl,creto The consent Of sufficient number or the
! nr,nrrty owners or the order Of the General Term
=, lion thereof shall have been first obtaiued: ana
,h. pruysio,,, ~ thk section Shall apply 20 hlI ap
plicaton, for such consents mad" under ANY statuc
etbcr cfnp or after the passage OF lhlS chapter ana
| moi finally acted upon Ht the time o, Ito passage
| Soc % This at shall take effect Immediately.