New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-06-19
VETOING THE FRANCHISE.
THE MAYOR DIsAPPROvEs THE GRANT TO
THE THIRD AVENUE ROAD

HIS DECISION BACKED BY AN OPINION OF THE
CORPORATION couNsEL-D DISCUSSION AMONG
THE ALDERMEN-TnE LAW COMMITTEE
To CONFER WITH MAYOR STRONG.
As predicted by The Tribune. Mayor Strong yes
terday vetoed tic uptown franchise of the Thrd
Avenue Railroad Company He arrived at his con-
ciasions after careful elaboration and several pup
lie hearings The Mayors action was based on the
advice of the Corporation Counsel Nh Scott ana
legal counsel obtained from lawyers hisn IN tne
profession. In whose judgment the Mayor places
entire confidence. His message on the subject was
follows:
To the Honorable the Board OF Aldermen
Gentlemen: | return herewith without approval
the resolution granting consent to cOhSVuG' a'lu
operate railroad. asked for In the Third Ave
nue. Railroad Companys Application Tor extensonii
Said resolutions returned without approval
FOR the reason that framed they do not iur-
nsh equal opportunities for eomPens
in the northern and western parts OF the cry &C.
tension, and suggest to your honorable Board that
in the Interest of The city Of New YORK provisoi
for such extension through the northern and west
paris o. our city. but SO framed taa' AK coy cor
poraton shall have an equal oppor'uiiiH WI" any
other to bid therefor Yours resPeGD}VSG1' Navor
The message must lie over no, less than ten
ror more than fifteen days. 1t VIII probably be
taken up by the Board on Tuesday. July
THE CORPORATION COuNsEL's OPINION.
CORPORATION Counsel SCOTS opinion regarding the
franchise was follows:
Hon. William l.. Strong, Mayor ,, .. ~
,r iion to se Restitution OF the Common coun
ell before YOU for consideration. sinlhs ,e ue
sons of street railroads in the northern part OF
the city upon the Application OF sne t Tbai Section
80 OF the Railroad Law provides as m Mics con
,a,n,ns @ o ii nhnbants or more according to
the last Federal census or state enuincratOh mus
contain he condition that the reht. franchise ana
nriy of
nue.. park OF public place shai ue s''n d, M
city the largest percentage per annnm OF me gross
receipts OF such corToration etc .,.uo,.o, -, ,na
Mnv6 6ne he FRANCHISE must still be csrei public
nSur the route a:horized by he resolution
competition by prospective bidders is possible
road now 'U constructed through One-hundred-and
twenty nfthst to the foci Lee dg,E %ne
fifth-st will be in position. without TURNER ap,
pSaCn to the the dsses ae and the s ranch
sold TO them. to proceed with the construction o.
Any other Corporations however. which might de-
sire to bid Cor the proposed franchise Would be Sc
route is so lad that even II It obtained the
franchise I. would become necessary for 10
again auplv to the local authorities for furtner
consent In order 10 connect the new system with
the existing system Under the provisions OF law
ready occupied BY railroad company without the
the the Ransad rT s@ I"
While there is a provision in the law-Section 81
n G follows.
over one-haf mile from such RESPECTIVE ni ny ="
connection a new route for public travel ana lhe
corporation corporations owning or usiis 81,
as mart Of continuous route for one fare and 1t
shall appear to the local authorities ihat sucn con;
road without inconv enience to the public but ma ma
be operated continuous line or route win eN
listing railroads. 10 sale OF sucm ian, nny Consent
OF the local authorities for the construction anu
operation Of sucn connection extension OK %, ,,n
shall provide that the corporation or cOrpOiaNoh
operatirg such extension or branch shaii
pay into the treasury OF sad ey an mn hrsnc che
section q OF this chapter for the purposes; at
s@l fcr,h in such section further PROCEEDINGS wonla
Re to obtain the consent to max mag a hg
Gown in the resolution now pendng: ,ro, tho
You will observe fom the citations from IN, ,ne
situation Of affairs that the company applying for
ne extension undr mus sr Of be sn
chlse since If II should be the sHcr &c an oavsn
tase of the extension granted whereas It's only pos
sine competitor. while IL night deem sbon T9r be
sun "e easfu l' Void be obliged Initiate and carry
.h-onsh trtheT proceednss 5seoFe foue
BY c0nneCt.rg it with It's existing line, .,,..,
applying for an extension Of lis route would seek
to obtain one which would be favorable TO X
doubt thst route could be laid out which would
be equally accessible to the two great street rairoa
=
fair and equal competition could be secursd very
Counsel to the Corporation.
a LONG CONTEST FOR IMPORTANT ROUTES
The contes; for the possession OF the Kingsbrldse
Road and other tho-oughfares on the upper West
SIDE between tire Third Avenue Company and the
Metropolitan Traction Company has been pro-
tracted and bitter one. a great part OF The resi-
dents along the proposed routes have become IN
volvea in the struggle a large majority OF the West
ared fart he IL =
ropolitan Company's plan. Many hearings took
place under the direction OF the Railroad Commit
tee.of the Aldermen. and majority and minority
reports submitted. The Board on Tuesday,
June 4. adopted the majority report. favoring the
Third Avenue Company's petition. by a vote o. 20
10 Il. The Aldermen voting in the negative we're
President Jeroioman Vice. Pr den; Windolph. and
Aldermen Burke. Hackeit, Hail. Kennehck. Nun,
Noonan Olco't. Ware and Woodward II one OF
these joins with the twenty Aldermen who voted
for the Third Avenue Company's petition the
Mayors be overridden.
Alderman Goodman. one of the Third-ave. advo
Gates presented n resolution directing the Law
Committee 20 confer with the Mayor as to the best
method Of bestowing the franchise. The resolution
had been drawn. he said. in accordance with the
opinions Of competent legal authorities, to con
form 10 the railroad law. and he could not under
stand what the changes were that the Mayor de
sired. The petition OF one or other OF the com
tanes must be granite ana ,hen any ga, m =
public auction by the Controller. lie added: IL OPP
posed tire charging OF $4,000 cash tor the franchise
as illegal. and | believe that my opinion Is backed
by that Of the Corporal on Counsel! What We wan
a. NOT the largest possible amount ". but &c
The largest annual payment by free competition a
the bidding
Alderman Hall said that he had insisted thu
demand for 5000 because the only competto
beside the Third Avenue Company would be ;h'
Metropolitan Traction Company As the route pro
posed in the nature OF an extension. rev
comoanv would have o pay such large percentage
TO the old companies that II could not comply will
them. Alderman Brown said that he understood
tho MAYORS message 10 mean tina; he approved
neither the Metropolitan nor Th!rd-ave. plans bn