New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-12-01
THE FRANCHISE GRANTED.
s,,ccEss OF THE APPLICATION OF THE
PELHAM PARK RAILROAD COMPANY.


PELHAM PARK RAILROAD COMPANY.
TWENTY-FIVE ALDERMEN VOTE FOR 1T AND
ONLY THREE AGAINST IT-oPPosITIoN OF
pRopERTY-owNERs DIsREGARDEp-A
POSSIBILITY THAT THE COMPANY
WILL NOT GET THE PRIV
1LEGE AFTER ALI.
The Board OF Aldermen yesterday voted 70 gram
the application OF the Pelham Park Rai!roao oo"
nanv for a franchise for railroad through feiha"
pov Park along the Shore road and across the
long and narrow Pelham bridge AS told IN Inc
Trhune Yesterday It was upon that application tne
railroad Committee OF the Aldermen gave puohc
bearing on Monday when property owners ana inc"
representatives appeared to protest AGAINST '"o
granting OF such franchise. 1t was expaineo 'heh
that a trolley road shown in the plans accom-
nonv,nr the application would ruin the only nne
drive In the Pelham Bay Park and obstruct travci
on the Pelham bridge. Yesterday other oolecuons
10 the trolley plan were presented out MAJORITY
Of the Railroad Committee had signed favoraoe
report. and the resolution to grant the irancn'se
was passed by a vote OF twenty-five IN the h"i'
tive TO three In the negative. Later. after oeihs
amended the resolution was passed again. oHy iou'
Aldermen voting against II.
The action OF the Board OF Aldermen. however
does not mean that the trolley company will set
II ia probable that the Mayor Will veto the resoiu-
ton and that the present Board OF Aldermen VIII
90 out Of power before they can take action 10
override the veto There is a question ms 10 the
legal right o. tho Aldermen to grant the irahch'se
in the way they voted to grant 1t. The consent OF
the Park Commissioners II is believed, would nave
10 be obtained before the trolley road could go
through the Park. franchise or no franch'sc' ana
tho Park Commissioners arc strongly opposed 10
having a fine drive which cost about $SoOW spoiieo
by trolley road.
DID NOT SIGN IT.
When the report OF the Railroad Committee was
read to tho Aldermen yesterday 1, was noticed that
Aldermen Hall and Goodman. members OF the COM
mittee had not signed the report. Alderman Han
moved 70 have the repor, laid over for week ana
printed He pointed out some errors In tho reso1i-
ton grant the franchise and said that the Alder
men restrained BY an Injunction or inc ou-
preme Court to act on the Kingsbrtdge extension
franchise on question that might apply to the Pei
ham Park Railroad Company's application Alder
man Goodman wanted 10 know II the Aldermen mao
the right under recent decisions OF the courts 10
grant franchise for term OF twenty I'VE years AZ
proposed in the resolution 10 grant the franchise
President Jeroloman said he had taken the advice OK
some OF the best lawyers In tho city. and they all
we're agreed that the Aldermen. az the law STOOD
did not have the right 10 grant a franchise for
limited term before the Greater New-York charter
went into full effect January !. Mr.. Goodman
also raised the point that the consent OF tho
Commissioners would have TO be obtained before the
franchise II granted by the Aldermen. would he Of
any value to the trolley company.
The motion TO lay the report voted down,
and the resolution to grant the franchise was adopt
ed President Jeroloman. Alderman Hall and Alder
man Goodman alone voting against II. After the
vote was announced there some more discus
sion as 10 the power OF the Aldermen to grant the
franchise for limited time. Tho resolution had
been adopted In the following form:
Resolved That the consen, OF the Common Coun.
Gil is hereby given to the Pe.aam Park Railroad
Company to extend, build. construct. maintain and
operate railroad FOR public use and conveyance OF
persons and properties In cars FOR compensation
over. along and through the following streets.
ton Of the road from Barlow 10 cry Island with
ne road known as tie shore R H or road 70
Pelham. 10 the city line al Pelham Manor
CONDITIONS OF THE GRANT.
Resolved. Tha; this consent is granted upon the
following conditions:
Frrs-That the right. franchise an privilege o.
Ss aS5 e SuSS acton as provasd by law Ina,
the corporation operating said road shall not
charge any passenger moro than i've cents !or any
continuous ride from any point point on i,s road
or on any road line or branch operated by IL or un-
second-Thni the company receiving ,he franchise
and operating sad railroad snail at oil times keep
the street between It's tracks and two feet beyond
the outer rail each side OF The street clean and
free from dirt or snow. and snail pave tho street
along the route 1etween the rails OF ''s tracks
and two feet either side OF the tracks and con-
form IN all respects with the character OF the pave
ment al1 down on said street or streets. and keep
the same in repair II not so done. the commits:
s9eT S Wsrd or Of any ts oner oiea
desgnated by law to perform the work OF said
said railroad company the amount 10 be collected by
the Controller under due process OF Jaw.
said company. after A revaluaton. shall have the
privilege OF acquiring the same rights by paying
or some other corporation shall procure the same
then the Pelham Park Railroad Company shall be
~ fhA Of hii finu
railroad.
MR.. OBRIEN's RESOLUTION.
Alderman O'Bren thought that soms provision
should be inserted 10 protect the trolley company
In tho courts decided against tho right OF the
Aldermen to grant franchise in perpetuty. He
offered the following. to be tackled on to the third
provsion
But In the event Of tho courts dscrecing that
under the provision OF the charter OF Greater New
York the Board has not tho power grant 10
the said railroad company the consent In pcrpetu!ty
then. that the consent so given by the Common
Council shall exist. obtain and be vested In
company for the period OF twenty-five years.
Despite the suggestion Of Alderman Goodman
that tho addition was superfuous. 1t was passed
The report ON the Westchester branch OF the
road was the same. excepting. as to the route
This branch is to begin at the junction OF the
road from Barlow to City Island and the road
known as the Shore Road. to Pelham: thence
southeriy along the Shore Road or road to Pelham
10 Pelham Bridge. over said Pelham bridge. con-
tlnuing south on tho road to Pelham to the juno
ton OF said road with the Eastern Boulevard. and
continuing over said Pelham or Shore Road to the
road to Fort Schuyler and Main-st West Chester.
Later Alderman Oakley had tho vote on the fran
chise resolution reconsidered to permit him to In
troduce an amendment to make the franchise ono
in perpetuity in case the courts decided that the
franchise. The amendment was passed. as follows:
.3ut should said courts decide that the power OF
the Board has not limited by the provisions OF
the charter. then the same consent Shall be IN
perpetuity" 49, 49,,
This was a chance for a new opposition by Alder
How about municipal ownership he asked Of
| Alderman oakley, with a laugh?
"As Judge JerOloman says, we'll cross that bridge