New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-06-09
NEWS OF BROOKLYN
FIGHT FOR A FRANCHISE.
J. d. LINDsAY's ELECTRIC LIGHT COM
PANY WANTS A MANDAMUS.


BE DECIpED-UsTIcE DICKEYs COMMENT.
Z. E.lery Anderson and ex-Judge n. II. Clement
appeared before Justice Dickey In the supreme
Court yesterday afternoon In support OF motion
by the Amsterdam Electric Light Heat and POWER
Company as assignee OF tho State Electric Lght
and Power Company, 10 compel the Commissioner
of City Works TO grant them permit TO lay con-
Quits In the streets OF the city and to fix and de-
terlnine the depth which their conduts shoud
be laid. Mr.. Anderson presented the claims OF ''e
company through the affidavit Of Jeffrey d. LIND
say. its president
Mr. Lindsay deposed that his company was or
canzeG on April 70. 1897 and that the State
company organized on Decemoer O.
1872. On Juno ii. 1884, the common Nou"-
ell passed a resolution granting frahchise
10 the State company 10 lay conduits IN the
streets OF the city. providing that within 'hir'y
days the company should pay s." TO the lily
Treasurer and repeat the payment OF That sum on
January OF every year thereafter, beginning WIN
January /. 1885 On July IS. 1884, the company pau
the first $780, and on October IS 1895. the Common
Council passed another resolution resembling ali
the previous resolutions regarding the State COM
pany and granting the company a franchise TO tear
I'D the streets and lay condus. providing 1t should
pay $500 TO the City Treasurer on December 81 1880
and on December 81 OF every year following
The resolution OF the Board also provided that
the company should keep the streets torn up IN re-
pair for year; that it should pay for the city
inspectors appointed 10 inspect Its plant. and that
1t should pay per OF its gross receipts to tho
City Treasurer. If In year from the date OF the
resolution d mile OF conduit had not been laid, the
privileges grained were to be void, and all moneys
previously paid by the company were declared Tor
o fei.ed to the city. ,,,
This resolution vetoed by Mayor Schieren.
but the Common Council passed the resolution over
his veto on December So 1895. and on the same date
passed another resolution providing that the 500
already paid by the company 10 the city should
apply the first 500 under the provisions OF the
franchise. This resolution did not become a law
until January 10 1895 but the company did not
pay the 500 due on December 81. 1885,, and when
they applied 10 the City Works Commissioner for
the permit 10 tear up the streets 1t was refused
The present application for mandamus was then
made as the year within which the first mile or
conduit must be laid is nearly completed
The motion was opposed by Corporation Counsei
Burr. on the ground that, as the resolution OF the
Common Council did not become a Jaw until after
the 500 due from the company, and as the
money not paid the rights OF the company
under the franchise became void and the applica-
ton should be denied.
Briefs are be submitted and decision was re-
served. Justice Dickey remarked OF Brooklyn In
the course of the argument:
$50 far as electric lights are concerned this city
Is far behind many of the smaller villages"