New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-01-21
FRANCHISES NEVER TO END
REMARKABLE FEATURES OF Mr.. MAR
STALLS BILLS
HE WOULD HAVE TUNNEL RAILROAD
RIGHTS ETERNAL-sENAToR RAINEs
CRUELTY TURNED DOWN.

CRUELTY TURNED DOWN.
Albany. Jan. 90 (speciaDr-senator Marshall
to-day introduced the three bills which were
summarized in to-day's Tribune in regard to
the sinking Of the tracks Of the Long Island
Railroad In Atlantic-ave Brooklyn. and the
elevation Of the New-York Central Railroads
tracks from the place where they emerge from
the Park-ave. tunnel 10 where they cross the
Harlem River. AS was pointed out. the bills
reserve 10 these two companies the surface
rights left open by the elevation or depression
OF their tracks provided they agree with the
city authorities on a rate Of compensation for
such franchises.
One of Mr. MarshalTs bills provides that tun-
nel-railroad corporation shall before construct
ing such a railroad. obtain the consent Of the
owners Of one-half in value Of the property on
the line and Of the Legislative authorities OF
the city" Then follows this interesting new
clause And the public authorities OF any
town, village or city in which such tunnel Is 10
be constructed are hereby vested with author
ity TO grant consent to such use without any
Limitation or condition. except as hereinafter
provided" Great privileges may lie concealed
in this phrase.
By the third OF the bills the New-York City
charter is amended so that provision is MADE
for a franchise OF unlimited duration Tnc
charter says:
After the approval ~ this act no franchise or
right 10 use the streets. avenues, parkways or
highways Of the city shall be granted oy tne
Municipal Assembly 10 any person OF corpora
ton for a ,orger period than twenty-five years.
but such grant may at the option or the city
provide for giving 10 the grantee the right on d
fai. reValuatiOn or REGULATIONS, 10 renewals n''
exceeding In the aggregate twenty-five years
Under this provision OF the charter the lie
OF franchise is limited TO nifty years MI
Marshall would greatly modify this prohibition
by adding the following provisions to this Sec
ton Of the charter:
Nothing In this section contained shall apply
10 consents granted to tunnel railroad corpora
tions and the Municipal Assembly Is hereoy
authorized in its discretion 70 gran.
am limitation 10 the period OF enjoyment
consent TO any railroad corporation 10 use any
of the streets and highways in the city OF Ns"
York for the construction and operation Oh d
tunnel railroad underneath the surface tnereol,
but all ordinances granting any sucn consent
shall provide for the supervision OF the Woth
by the proper city officials, and may contain
such other suitable provisions for the protection
of the city as the Municipal Assembly may deem
proper.
There was an interesting squabole in the
Senate when Senator Marshall presented THESE
bills. owing 10 the action Of Senator ELLSWORTH
who was presiding, in referring them 10 the
Committee on Cities Senator Raines at once
displayed eagerness to have them reterreo u
the Railroads Committee, Of which he is chair
man. He supported his contention with orief
speech.
In reply, Senator Stranahan, chairman OF the
Committee on Cities. stated that his COMMITTEES
had charge OF the measures last year Ihey
were then passed, but were vetoed by Mayor
Van Wyck II order to take them OUT OF ths
hands Of the Mayor this year, they were maze
general in character. and. therefore. would not
60 to the city authorities, but II they passed the
LEGISLATURE would be sent 10 the Governor.
Senator Coggeshau then said he had noticed
In the public press that there was scheme 10
have two branches Of the Committee on Cities
This might be good idea, in order 10 dispense
with the Committee on Railroads.
Senator Raines thereupon moved that the
bills should be sent TO the Committee on RAIL
roads This motion was defeated by tho fol-
lowing vote:
Ayes-Ambler. Armstrong. chahoon, CoggeshaIi.
Feeter Goodsell, Munzinger, Parsons' Ealhes' SUI
Ivan and Wls-u. ,,,- ,>or
Ellsworth Foley Grady, Ravens, kFuml Mackey,
Marshall. Martin. Norton Kamsperger' SFahahah
and Thornton-l1