New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-06-28
THE CITY DEFERS PAYMENT.
A HITCH IN THE ELEVATION OF TIE NEW
YORK CENTRAL TRACKS
DOUBT As TO THE CONSrITrTIoNALlTY OF
THE LAW BY WHICH THE MUNICIPAL
IrY BEARS HALF THE Expense
AWAITING Mr.. CLARKs
nECISION
DECISION.

AWAITING ME-. CLARKE
DECISION
The question of the constitu'ionalmy
of the law authorizing the Ncw-lorN
Central Railroad to elevate its tracks
in Park-ave., from One-hundrcd and -tcnth-
st. to the Harlem River. is before Corporation
Counsel Clark II is alleged that the Legislature
had no right TO authorize the city TO pay part oi
the expense. In the mean time the railroad oi-
i;cals who have already expended 81 10000 on the
work. and the contractors, who have been acting
for several months under contracts from the road
assrcgating several millions. are in IA pretty state
of mind. The railroad is unwilling To pay IN"
contractors because it cannot collect from the city
the proportion Of the expense that the city was 10
bear and il the law he found unconstitutional not
only would the work be stopped, but that part ol
il already done. including the building of tenn
porary bridge across the Harlem River. would he
useless. Naturally. therefore. tho company l. not
anxious TO part with its money until the constitu-
tonality of the law is passed upon.
The contractors, on the, other hand, are many
of them put into a position whcr" 10 ADVANCE
or retreat seems equally costly. Snb-contIac'S
have been made and bonds given: materials have
been ordered and work has been begun which
cannot be stopped without probable loss. For
instance, contractors in charge OF the excavation
for thr foundations of the elevator strnctT"
have on their hands great holes in the ground
on which small army Of men are employed nv
day and which must be- guarded by night, lest
unwa,y passcrs-by fall into them and at"rward
bring damage suits No payment for the work
done is likely 70 be ohtanabl" until tn" status
Of the law is known. In the mean time all parties
concerned have reduced the cApcnS" account ~
the lowest possible notch.
Tho forn, in which he act WAS passod was
due 10 the efforts of citizens along the route
The railroad company had determined 10 ask IN"
legislature that il 80 amend the act OF ls'',
fixing the grade of the road and of Park-av", that
the company might he allowed TO "levat" lts
tracks from One-hundrcd-and twcny-hfth-st. IN
the Harlem River, and cross the river on a draw
bridge Property owners along tho rout" AT once
put in a rcaucst that thc change begin at One
hundred and -.enth-st The railroad company
consented with the proviso that the city pay one
half Of ;he expense, exclusive Of the drawbridsc
A bill was introduced in the Legislature and, as
finally passed, il gave permission for the desired
elevation, the city 10 bear half OF the on
pcnse. I'D TO 81 100000. The S75o,OOo pro-
vided for was 10 Ike raised by the issue Of bonds,
which were to he paid when due by an Assess
ment upon the property benefited by tho i'm
provcmcnts.
Under this act the work was begun. Tho on
tire cost OF the change, including drawbridge and
the elevated stations az One -hIndred-and twenty
ffth-si was estimated al about S5.oo0,0 600. An
immense amount OF engineering work was neces-
sary "a a preliminary, and almost the entire
force Of men. under Walter. katt" the chief
engineer of the company. was Dnt upon this task
4 temporary bridge across the Harlem was built
at a cost Of $50, 900 Contracts and sub-con-
tracts for work and materials were Jet out, ann
the work Of excavation begun and pushed
rapidly forward. An expenditure Of about 81 l'0.-
600, in addition 10 the work of the engineering
corps, had been made. when the railroad compiny
made the first call upon the city for its share
OF the expense.
hen came a stumbling block. Edward I.
Barker the president Of the Board of Tax Com
missioncr. objected 10 the payment declaring
that bill authorizing such an "Npcndiur" on
the part of the city unconstitutional. Ih"
Controller refused To issue warrant on the city
treasury, and the subject went 10 th" Corpora
ton Counsel for his opinion.
1t was reported yesterday that this opinion In
been given. and that il was adverse 10 the rail
road. Mr. Clark, however, denied that he hai
prepared an opinion In the ease. anG said that h'
might not do ~ for som" time Yet. Some Of the
contractors, however, had received inflmiton,
which they considered authoritative that his
opinion would declare the law unconstitutional.
Chaunccy NJ Dcp.w said that il true that
tie question had been submitted 10 Mr. Clark and
that, if the law found 10 b. unconstitutional,
the company would bc left where it was, with
lot or useless work It's hands. Frank
loomis, the general counsel IF III" road. said
that i! such an opinion was given by the
Corporation Counsel action would undoubt-
cdy lie instituted by the road which would ~
itbt. .rtsiop fli. ,ipt
The section which IN. question of constitu-
tionaity turns l. as follows
when and often 1t shall appear by the certificate
Of the experimenting engineer # the said
improvement, duly certified by the Aforesaid boaiI
Board ior thr PARK Avenue Improve cmcnu. that The
Of 80 go ha. teen cNTsnd,d thereon b, said
railroad companies specifying the portions and divisions
Of npfoSene whore the said expenditure
been made the Controller OF the city o; New-York shall
draw his upon the treasury OF the sad city
favor Of the Of The said railroad company BEARING
and paving said expense. for onchalI Of the laid
. but shall proportion # the
cost OF said BE- paid by the city OF New
York exceed the $4,000 and II the said
shall exceed the of 81 500 ooo then the
entire eXccs, over and above such sum shall be borne
and paid ly the Ncw-York and Harlem Railroad Com
pany or lessee, the New.York Central and Hudson
River Railroad Company.
The act of the Legislature authorizing tho
change Is chapter 339, of the Laws Of a9!, aud
was approved by the Governor on Aprl! - Of
that year ID is entitled: An act 10 regulate
improve and enlarge Park-ave. abov" One
hundrcd-and-siXtlI-st, in the city OF New-iork,
and providing for the passage of ntr>ccting
streets. under the railroad structure Of th' New
York and Harlem Railroad Company, and ior
the elevation of SAID railroad structure AMI for
changing tn" grade of said railroad, and for the
construction of a new railroad bridge in
creased elevation over the Harlem River, and pro-
vding for all changes H. any avenues, street, on
railroads that may be necessary by reason Of
such change r structure AMI grade and Increased
elevation OF bridge. and for other purposes.
1t changes the grade Of the New-lork and llar-
lem Railroad, as established in 1872. and provides
for the elevation OF the tracks above On'-hundred-
and-tcnth-st. the ascension of ia" rOad-bc1 to be-
eln about One-hundrcd- and siNth--t. From the
south side of Onc-hundrcl-and- elcventh-,t to the
Harlem River the tracks and road-bci arr to he
carried on q vaduct structure of iron or steel,
consisting of three lines of plate girdcr, supported
on columns of IRON steel, standing suitable