New-York tribune., 1902-01-25
CITYS RIGHTS ADVOCATED.
IT HAS NO POWER. MR.. RIvES HOLDS,
TO ORDER ELECTRICITY IN TUNNEL.

1T HAS NO POWER. MR.. RIvES HOLDS,
TO ORDER ELECTRICITY IN TUNNEL.
Corporation Counsel Rives, in an opinion sent
yesterday to Mayor Low at the Mayors re-
quest. declares that the city of New-York has
no power TO regulate the motive power used by
the New-York Central Railroad between Forty
second-st and the Harlem River That this
right OF regulation originally held by the
city. Mr.. Rives quotes various laws to prove
BY the act Of 1872. Mr.. Rives holds the city
surrendered these rights After a review of
these various acts relating TO this matter. Mr.
Rives says:
1t is apparent that the railroad derived its cor
poTate existence and its right OF construction and
operation from the statute of 1881. cited; or
IN other words, franchises Of existence of
construction and of operation were derived from
the state which. by the terms of the act in ques-
no WLon, reserved TO ltsef the right. at any time 20
alter amend or repeal the charter of the com
IN question Were rights 10 regulate such franchises
OF construction and operation were created by
Whether the statute of 1872 and the acts of the
railroad and the city under il have impaired the
right OF the city TO regulate and control fran
chises of construction and operation. is really the
question 10 be now determined
II is apparent that the effect Of the work done
under that statute was not only 10 entirely change
the physical condition of Fourth-ave., but to en-
large very greatly the rights Of the company. Up
10 the time of the passage of that statute the
company mad no right 70 do anything more under
its charter and under the consent of the city than
10 operate q UOuDe track railroad. occupying
strip of land not wider than twcnty-fOur feet the
method Of operation being der the control Of
the city. But under the OF 1872 the railroad
company acquired two additional powers The first
was the right 10 construct ard two additional
tracks, making II four track instead Of a double
track railroad. The second the provision Of
the statute which authorized and directed the
use of steam north of Forty -second-sJ
The city. by this legislati ton, undoubtedly
believed 10 have also gained material advantages
by the assurance of four track railroad entrance
into the heart Of thc city, and by avoiding the
necessity of grade crossings. 1t may perhaps also
be justly said that the city gained somet hing by
the assurance of the work being under
the direction and supervision OF the very best
gineering talent of that day II is also to be OBJ
served that the city only did protest
against this act being carried into execution. but
that ii did, through its engineer participate
in the work OF construction, and that IL also paid
its one half of the cost OF constructing the i'm
proyement contemplated by the
1t seems TO plain that II of the pur-
poses OF this act assure the railroad company
the right 10 operate by steam north Of Forty
second-st and TO prevent the city from interfer-
ing with the OF that form Of motive power
that portion of the companys lines. This
have been OF the considerations moving to the
railroad company to induce II TO incur the expense
contemplated
II must have also been a logical consequence OF
the improvement which was foreseen by the city.
Al the time of the Improvement there were but
two methods OF transportation by rail-the one by
horse power. as In the case of the ordinary street