New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-04-08
LOW AGAINST BEDELL BILL
A LAW DEPARTMENT REPRESENTA-
TIVE TO OPPOSE IT AT ALBANY
THE MAYOR SAYS THE QUESTION Is
WHETHER OR NOT ITS GENERAL
PROVISIONS MAKE ITS Eff
feet TOO BROAD.

,rs. before leaving the city Hall said that If on
investigating the Bedel bill. giving the New
York Central Railroad alleged undue privileges
he finds that the measure threatens 10 Deprive
the city Of its present control OF FRANCHISES
nothing in the world would persuade him 10
favor IT It was learned that the Mayor was op-
posed to the bill and that he would probably
request the law department to send represen-
,sriye to Albany tomorrow to set forth his OBJ
5ections TO it.
Assembynan Reden. who introduced the Dill
on The request of the Mayor and Corporation
Counsel said yesterday that he would appear
in favor Of the bill at the hearing tomorrow
we intended at first" said Mr. Bedeh yes'er-
day. ito make the bill apply only 10 cities OF
more than one million population. 1t was only
10 make it constitutional that both cities of the
first class Buffalo and New-Yorl. were includ-
ed. 1t seeras that the chief blame for the
entire muddle results on the property owners OF
Park-ave. who have prevented all plans for
opening the tunnel along its entire length
The Tammany Hall executive committee VIII
meet this afternoon and adopt resolutions de-
nouncing the Bedell bill. committee will be
appointed to go to Albany to oppose The bill at
The hearing.
John G. Carlisle representing the Merchants
Association viii be at the hearing tomorrow
10 oppose the measure.
THE MAYORS STATEMENT.
The Mayors statement, issued last night is as
Follows:
The Beden bill IS perfectly straightforward at
tempt to deal with a problem of extraordinary
New-York Central nor ANYBODY else is open r to
terms Of the problem can be made very clear When
railroad asks for a FRANCHISE the city may grant
chise fails, and hat is the end Of It. tt -
he under mandate from the state to change fits
mode OF power by May J. 1905 unless the time is ex
what Il wants and must have is not new fran
10 he alprtriClIV
These changes certainly involve D the creation
surface. % the sinking Of tracks. beginning at Z
point more than 5a mile aTax ron f t1e Tag
and the consequent widening of the roa0bed Tor
for continuous travel with a large enough radius
te permit the use Of aTse Sas os1 nes Of fbe @
side of Parl-ave for several blocks; the opening
of a new Park-ave. around the closed portion; and
The use underground OF small portion OF Madison,
ave, Of Vanderttare. Of several cross streets and
II order to be effective, any. act must confer
For the public demand for the change Of motive
power is so imperative that the city can stand IN
The way OF IL as little AS any private interest II
special act could be passed it IS proha62ie dnaf an
little, if any. criticism The simple question in
regard to the Bedel bill therefore is whether. IN
the effort TO comply with the constitutional re
ouiTenent that law dealing with such matters
broad IN its terms as to involve dangers that can,
not be foreseen. # under the terms of the BedelI
bin a new franchise he given to any railroad
10 lay tracks under over any Of our streets Is
every sound principle that ought prevail in such
a case: but If. the other hand the only changes
Innals il is probably not more dangerous than any
make rracticafie the changes in motive power that
demanded of the New-YoT1 Central.
QUESTIONS AT ISSUE.
These are vitality serious questions. and they are
receiving the most thoughtful attention Of the
Mayor they doubtless will OF the Governor.
he Conclusion reach in regard TO it from his
p9int Of view If there is serious danger that #
franchises only subject to periodic adjustment Of
aT5 o oUigl e e 6ee me- 70 favor IN dae
it; for. apart from this danger it marks a great
parable cases. as compared with any previous legis
In is72 whcr7 The NeIv-Yorl Central was limited
80 the use Of steam. and the Park ave improve
80 g &c e ~ n b IN 20 saG ofTan OF me
nothing To say about the pans-it had only to pay
when the South Terminal Station was built re-
Gently in Boston. the company which built it was
sDen Authority to eondG IN land within SPECIFIED
Of Boston, and fy him were to he FORTHWITH ap-
state Railroad Commission which was given abso-
lutte power in the matter to change or modify the
BY the scheme Of the Beden bill the railroad
make an earnest effort to agree With the city as
represented by the Board OF Estimate and Appor
The nrincipaI financial board Of the city and which
openinFs Whether agreement is had or 81 NOT the
plans then go to the State Railroad Commission
OF view Of the travelling public for it must not
p 5SssfS Ig3 n The T2n6 cGf 5af T the
York who were the principal sufferers.
THE CITY's INTEREST.
In other words The city q Nsw:YoTk in this mat
one Of the principals it is when fran
rf the city and the railroad not agree there IS
IN appea on he part q the etY to he appellate
is intended TO be given especial Jurisdiction 20
road must start again. The reason for this pro
vision is that rss1onsi5ilty for the adequacy Of
The city certainly does not want that responsible
To sum ub the BedSil bi 70 be fairlT cons,d
cred; must be studied from these POINTS Of view:
the State, having demanded the change. cannot
itoeether or 10 make the provisions for it made
quate; O. that the matter must be covered by
successfully with the actual physical details Of
thing that can be imagined as ever likely 70 be
necessary IN connection with change Of terminal
repeat. therefore. that the general plan Of the
fiai question is whether the requirement Of the
State constitution as 70 general legislation makes
CONTROLLER. CIRCUITS OBJECTIONS.
: Controller Grout handed out statement last
night, which he said had been prepared by his
assistants. setting forth objections to the bill
The statement is in par; as follows:
The act in question under the guise Of amend
meni TO the general railroad law apparently seeks
&c wrest from the municipalities certain powers
which. in the case OF the city of NeW-York, under
the charter, have been vested in the local boards
and Board OF Estimate ana Apportionment.
The attempt TO in the Board OF Railroad
Commissioners of the State, IN the Appel
late Division Of the Supreme Court the power to
nnaly determine what streets avenues parbways
highways or public places shall be opened or
closed. and the manner in which and the parties
by whom the expenses Of such additions
changes shall be borne and pail. are utterly sub
xeTsive OF The home rule provisions enacted in the
800 Of the Laws Of 1su.
While the act in question provides that the plans
of the railroad company desiring the changes etc