The sun., 1897-06-05
CITY AND DTRACTION ROADS.
SINK ING FUND CAN'T BUK SIXTH
AND EIG HTH Avenue LINES.

Bo Scott Advises-And If It Could Buy t
Ceuldn't seI to Braker at Private sale
To Have n Conrerenoe with the owners
on ESpeditiou--Tho Change OF Motive Power.
Tho question of the citys right or power to
acquire the franchises of tho Sixth and Eighth
avenue roads finally got before the Sinking
Fund Commissioners in an official form yester-
day. Corporation Counsel Scott handed In a
long opinion informing tho Commissioners that
they have no power to accept tho offor Of Henry
J. Braker Of $4,000. 900 for the roads in case the
city acquires them and no power to take steps
on behalf Of the city to acquire them.
At tho best, Mr.. Scott says, tho resolution
granting the franchises only attempts to reserve
TO the city an option to require surrender of
tho roads, and he thinks IL may be a serious
question, II tho city insisted on the surrender,
whether It would acquire more than the title to
the rails and ties without any right to operate
the roads or to resell the franchises. Assuming.
however. that tho city would gain all the rights
of the road, Mr.. Scott is Of the opinion that the
city will not be in position to acquire the prop
erty until some board authorized to represent
1t shall determine to exercise tho option. This
on so snsnS 19'
hSd the power to the s oaa
10 q private agreement to buy tho roads at q
way tho Sinking Fund can sell city property.
Ia BY public auction or upon sealed bids.
Mr. Scott then goes on to reply to th9Se bpS
suRgosted that he wasn't alert in protecting the
city's tnterests. He cites the case OF the Third
sonor q Woe SSp Socson o
of motive power. snd said he did not feel justi
the prosecution Of an Important public work BY
advising against permits to the sixth and
Gn shc Sts puts In 'aI
exercise and enforce lis option, II has has, one BY
belong to their owners. ~ who are entitled 70
deyoop them & i9 any lawful manner a;,, N. s,o..
eP as the Braer oeS Wss but
did not agree with him as to the powers of the
Sinking Fund Commission.
| tinued "a most remarkable state OF affairs ex.
lists. According to his opinion, II the city has q
ence which has the power to enforce It. When
tho question of changing the motive power of
Fund commissionsrS SS eWideSnty iS S had $40 some such
power. for 1t was by their action that the city
TS
@ paid into the public treasury the sum of $780,
Board sPu q sinPns Funa @ Mr.
RECORDER r asked the Comptroller slyly.
"We contipusd ipsd NJ. NJ Fisoh. ES Hugh J. Grant
| was Mayor. Richard Croker was the City Cham.
berlsin, and Pat Diver was the Aldermanic
| And Justice smyth was tho Recorder" put
| in Mr.. Gof.
| grinned.
| 1t was developed that the Comptroller had
| asked both the Sixth and Eighth avenue roads
to file statements OF tho cost of their roads per
mile; and that both had refused TO comply with
| the demand. 1t was f1nallJ decided to ask the
officers OF the Sixth and Eighth avenue roads to
| appear bofore the board mex. Thursday and OK
plain why these he's ssatemsn.s haze not been fled
| tion Company to confer with the Commissioner
| with view to reaching an agreement whereby
| the work of Improvement may be prosecuted
| without injury to any right OF the city.