New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-05-18
THE FRANCHISE DISPUTE.

The controversy aroused by the Metropolitan
Traction Company's application for permission
10 introduce the underground trolley on It's
Sixth and Eighth ave. lines grows more coil'
plicated from day to day. 1t is true also that II
involves legal questions on which opinions diff
fer and which cannot be safely decided offhand
nv anvhodv. But there are some facts In the
case which are not open to dispute, and the
most important of these facts is that the city
authorities are bound TO protect the city's in
terests at every point. so far as the law aio"s'
But there is doubt as to what the law does
allow Very well; that is an excellent reason
for ascertaining. 1t is claimed on the one hand
that the city has a present right to acquire the
Sixth and Eighth ave. lines by paying the own
ers 10 per cent more than their cost II Is
claimed. on the other hand, if we understand
the company's position. that this right mas
,apsed through disuse. The Corporation Coun'
sci. whose opinion was sought some time ago.
did not enter far into the general question, but
said that the issue was not practical one just
novv jnasmnch as the city was not prepared to
exercise its alleged option. Another branch OF
,he controversy relates to the proposition that,
whether the city has or has not legal right 10
take possession of the roads. it can and ough;
the privilege which 1t seeks of changing its mo-
tive power To this the company offers the two
fold reply that permission 30 replace horses Win
electricity would not be essentially new iran
chise and that in any case 1t ought not 10 De
compelled to pay for furnishing the dear people
with superior transportation faclltles.
In addition to these various representations
several incidental averments have been intro
duced When anything Is said about the popu'
lar right to and demand for public revenue
from franchises, the metropolitan company as
serts that this present controversy has been III
stigated by It's Third Avenue rival, which Is
wickedly delaying a great Improvement anc
ought 10 be squelched at once. When mention
is made of Mr.. Brakers offer of S2.OOV'OOo Tor
the Sixth and Eighth ave- roads the city hav-
ing first acquired them for cost and 10 per cent,
the Metropolitan company replies that the Ihird
Avenue people are behind Mr.. Braker. and that
his offer Is only a part Of their Vaccinations
In behalf of Mr.. Braker, 1t Is positively declared
that be has nothing to do with the Third Avenue
company and is well able 10 carry out any con-
tract which he may make with the city. But,
however this may be- Mr.. Brabers connections
are not the fundamental question. Neither Is
the conduct Of the Third Avenue company,
which we have often censured for various short
comings. If. however. that company has been
instrumental, though for purely selfish reasons
in bringing 10 general notice matter OF busi
ness involving important public rights and In
terests, II has done good thing for the com
munity Ultimately it may be necessary to in
qure into all such details. For the present, the
main questions are whether or not the city Is in
a position TO increase It's revenue largely by
legal and Just dealings with the Metropolitan
Traction Company, and what the authorities are
going to do about 1t.
There is no doubt that Mr.. J. Harsen Rhoades
and Others have made out a strong prima- facie
case They contend that an opportunity has
come to put In force the policy which ought to
have beeh maintained always, of exacting fair
return for municipal franchises, thus anticipat-
ing the operation Of one Of the most acceptable
provisions Of the new charter. They are able
10 cite good legal authority for their double
claim, that the city has full legal power TO &C
auire the Sixth and Eighth ave. roads and that
the privilege which the Metropolitan company
Is seeking would constitute an essentially new
franchise. There are contrary opinions which
have to be takeu into account, but It Is plain
that an issue has been made which ought 10 be
deliberately considered and authortatively
settled In the mean time the municipal OIL