The sun. [volume] (New York [N.Y.]) 1833-1916, 1896-03-17

Justice Gnynor Fnioins the Two CIti
from Buying His Bridge Franchise.

Justice Gnynor Enioins the Two Cite,
from Buying His Bridge Franchise.
Justice Gaynor OF tho Supreme Court II
Brooklyn has granted an injunction restraining
the cities of New York and BROOKLYN from pur.
chasing the Uhlman franchise. granted ny tn,
Legislature of 1902, for the construction of a
new East River bridge. The Commissioner
for the new bridge agreed to give the Uhlmar
Company $780, 900 for the franchise. and alsC
agreed that the elevated roads should have the
privilege of crossing the structure.
Justice Gnynor discusses Mt much length the
history of the negotiations between the Com.
nissiOners and the Uhlman Company, and
takes strong ground against the proposed pur-
chase. He says in part:
"Thc present case exhibits only another way
Of getting unearned money out OF the public by
means of public franchises. 1t presents the all
too common Instance. OF government giving
away II valuable franchise, the pruUerty of all
the people, with one hand, and buying 1t bach
out OF the peoples money with the other hand.
such an order of things is not government for
the veal OF all, but II form Of socialism for the
benefit of a few at the expense of the many. from
which far more is to be feared to the permG-
nLency OF government than from the perVerse
few who profess. or are said to profess, OPPOSE
ton to all government.
1t all come u this. viz: That whereas
those In control OF the bridge company obtained
from the Legislature, n franchise to build a
bridge Intending chiefly to make 1t II railroad
bridge on account of their control of elevated
railroads.. they are now by this agreement to be
paid S!uO.OOO of the public funds for not build
ing the bridge, and. in addition. after u bridge
shall be hnllt out Of the public funds, they are
to be given the exclusive use of the space upon
it for elevated railroad tracks. They build no
bridge, but they are to have a railroad bridge
worth many millions, and also $500, 900 at the
public expense. To say that this total consid era
ton amounts to twenty millions of dollars
would he within bonds.
~ recognize that the statute has vested the
Commissioners with n large discretion. but |
cannot believe that this scheme Is lawful or
tolerable. II 1t is to be he'd such. 1t should be
by n greater responsibility than that of a single
Judge"
Justice Gaynor says in conclusion:
Let an Injunction be granted to continue
until the trial Of the action, or until the agree
ment of purchase he modified. so that the pur-
chase price will be for the franchise of the
Willin,nsbUrgh Bridge ouly, and by striking out
the clause concerning the elevated railroads.
The claim that the said clause is migratory. and
binds no one, will, Of course. insure the striking
out OF that clause ut once. for any opposition
would be inconsistent with the good faith Of
such claim"
Mr.. Edward Lauterbach. counsel for the
Bridge Commission. said:
- I understand the decision the fatal clauses
in the contract are capable OF a double Construc-
ton, and there VIII he no difficulty in hanging
them to suit the court. There is nothing in the
contract that sLipulatcS that the elevated roads
should run over the new bridge. only that ap-
proachts should he built a. such grades rs would
make this possible.