New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-06-05
M RIGHT TO REPURCHASE.
,rc1s1oN OF MIR. SCOTT IN THE SIXTH
AND EIGHTH AVE. CASES.
rur PROPOSITION OF HENRY J. BRAKER NOT TO
nv observation-disclosures AND DUTIES OF
THE C1TY-A DEFENCE OF THE

ne NEUTRALITY-SUSPICIOUS. AND DUTIES OF
THE C1TY-A DEFENCE OF THE
COURSE OF OFFICIALS.
A, = meeting of the Board Of Sinking Fund CON-
r,,ss,oners yesterday an opinion from Corporauoh
, soo,, an Henry l. Rraker's S2.oocoo propo-
,,,on was read which declares that the Boaru mas
80 newer 10 exercise Its option to repnrchasc 'ne
Slyth and Eighth surface roaos' '"a' w
Roard Of Sinking Fund commissioners nos ~
nouer 10 repurchase the roads on oehai Vi ',.
civ and that, even II the Board mas .he po"e' ~
exercise the option and repurchase 'he 'oau'' ~
has no legal authority to dispose Oh 'neni ~ wv
,nanner proposed by Henry j. Braker
Mr. Scott exhaustively reviews the his.o's vi .,
Sixth and Eighth ave. railroad ira"e"'e'' ~
quotes the terms of the resolutions iiahne '"'
-, IN 1s5, which contained the provision per
n,.tinr the purchase OF the roads by 'his e'S' WIN
10 validating Of the grant by the LEGISLATURE
81, NAV be a somewhat serious question "ha'
a.. o,,,, would ACQUIRE II il insisted upon the sur
rnnder Of the roads" says Mr. Scott ,"he'hel ~
uould ACQUIRE anything more than tue 10 'is a.,
and ties without any right TO operate OF reSe, ~.
franchise 10 operate railway. IL Is o'e' ,
,ra. the city will not be in position 10 acau'e
49,, -t, until some board authorized TO repre-
-, :, shall determine In its behalf 10 exercise ''e
o,,,on and Ii is equally clear that the rish' ~
erc,se the option must be the ACT Oh 'iie Wv. -,
and cannot be delegated or assigned " any '
person. ,,or ",hat the
Mi' - nower 70 act on behalf of the city
. oxorc,ee the option to acquire the ROADS, anu
mower whatever to buy the roads, mat e..n A.
Rod Il would still be without power " "o' "
Braker's offer" -. ,,,, an be-
Having answered the question put " 80, g..
,o,f Of the Sinking Fund Commission MI So 49,"
$3.50 10 ,vov,d have stopped there were II not 'iia'
$50, nersons have made reckless ana uii" al
r.n.ed attacks upon the public adihiis.in wv, 49,,
Gers Of this city, charging them WIN o"u -
n lack Of active effort TO protect '"e
the city," ,,~,. =, tho litigation In
Inv ,,,h the granting of the permits 10
ho,,o the motive power by the Depar'in.
p,,h,tc works and quotes the law 10 sho" - 49,
took every precaution to protect the ih'e'''
city. .s mot lost he
As the matter stands. the city mas ~. ~. ~ al
.avs and Is in no danger Of losing any iie"' " ~
a -. ,,h,cp u e entitled the obligation on the
Commissioner of Public Works TO issue INC pei "'''
being clear and unquestionaoie' .,o o,tv
Mr. Scott denies that the interests OF 'ne ois
were not we'll protected before Justice beach anu
ends by saying: H., o, r,,,ch
No grounds exist at the present time d upon be nred
ca,ed Until the city has put itself or Deen pu' en
the Legislature in rd p0s heon 10 10 their owners
Who are entitled TO develop them IN any ,so,s IN a
If the city shU roods eIf is Obvious that
Viii be after long and bitter gado me nrop r.
nan lime the public convenience ana me p,opedi
aaveIopment of the city will be greatly for
~ nodern and adequate power be Supstl.uteIh 49,
~ ontinuated power now in use caIio. W IA IA
vsef 10 believe that it is the duty OF any ar
illustrative officer of the city government W i'm,
,aLa IN obstruct and retard this grea. PUN snme
provemcnt merely upon the chanct ma nostion 70
w. In the future the city may be IN postum "
nd NAV desire TO acquire the ROADS. . ,,ro,ase
II is true that 1t will cost more ,r ~ has been
,hese roads after the motive power ha ther ne OF
shhonood than IL would cost TO repurcnase 49,. a.
Jlrf II the city were TO acquire tIein ~
av a. would find IL necessary. in order 70 re- snif
E4y odvantare of their possession, either 10
axnend the necessary money for chanss VI ' Which
eNr ,wer or 70 sell or lease them at a price Wicn
wonId make It profitable for the purchaser Oe ms,aI
", nsiant such a change. Allowing lor t ne uouo'
10 vdec a,,ye cheapness Of private over puDiC con-
ernrtion the net result would probably pe Una, rnnr
nnwId he ms advantageous 10 the cry 10 u -
bas these roads after the motive power hau -, o. r
hongad nv the present owners as II Wouu ue " ~
Smanse go tben now in their present condition.
Mayor Strong read the opinion himself ana tiie''
the BOARD authorized the printing ana p1d nave
,i me ~ the opinion Mr.. Scott said ne Woulu nav
he opinon, which covers over twenty oErfo
written pages. printed out Oh his wv" orr