New-York tribune., 1902-03-26
P. r. r. MUST PAY HIGH.
LOW AND CIRCUIT TO DRIVE 4 HARD
BARGAIN OVER FRANCHISE.
THE MAYOR CONVINCED THAT THE CITY
GOT THE BEST TERMS POSSIBLE IN
NEGOTTATIONS WITH THE
COMPANY.


which the company is to get its tunnel franchise
from the city Some Of the inside history of the
Kelsey bill framing and the supplemental tun-
mel amendments came to light yesterday. The
| representatives. of the railroad company were
bitterly opposed the provision that the rate
of compensation 70 the city should he fixed peri
odically They wanted the franchise in per
petuity with a fixed compensation. Having
Yielded the perpetual franchise point by indors-
ing the Kelsey bill the Mayor and Corporation
Counsel Rives insisted that the company
should show its appreciation Of the good treat
ment accorded it. There is where the rub
came Mr. Johnson special counsel for the
company, and President Cassatt urged that the
city getting all the best Of the bargain in
increasing its raud transit facilities without
expense to the city They wanted the period of
the franchise rental to run at least nifty years
without change. Then they yielded 10 a thirty
five year period, and all the parties hut the
Mayor seemed inclined to agree on that length
Of time. He cited the section Of the charter pro-
viding for municipal ownership Of franchises.
and said that If the city could not secure the
comparatively short periodic revision OF the
compensation feature of the contract, there
would he no further use of discussing the mat
ter. Finding the Mayor the controlling factor
in the situation. the railroad people finally acqul-
esced in the Mayors suggestion that the period
he cut down 10 twenty-five years
II is no secret at the City Hall that the Mayor
and Controller believe that they have secured
for the city the maximum results II is said
that the Mayor asCertained that the railroad
people would have abandoned their plan for
tunnel and central station if they had been un-
able 70 secure from the city perpetual fran
chise. When he discovered tho exact attitude
Of the railroad company he got the next best
thing, which the periodic compensation
feature
As soon az the Governors emergency message
Is compiled with and the Rapid Transit act is
amended the Mayor and Controller in conjunc-
ton with the Rapid Transit Commission. Of
which Msssrs. Low and Grout are members. will
dicate the terms upon which the railroad COM
pany is to get its franchise.
MAYOR AND GOVERNOR AGREE.
The Mayor, in commenting on the rapid
changes last week and this in handling the tun-
mel legislation, said
In the matter Of the Pennsylvania Railroad
Tunnel bill. have been in communication with
Governor Odeu since Saturday evening. and the
course I have pursued is the result Of an under
standing with him
The Mayor refused to discuss the matter
further.
As was 20 be expected the aldermen At their
session yesterday took exception to the Penn
sylvania Railroad tunnel legislation, in the max
ing Of which they have had no part. some Of
them seemed 10 he entirely ignorant Of the fact
that the State law, the city charter and the
Rapid Transit act make It necessary for them
to pass on the tunnel question before any fran
chse is given.
Alderman Mccall moved the adoption of
preamble and resolution protesting against
the action of the Rapid Transit Commission in
asking the Legislature to amend the Pennsy-
yania tunnel bill. The resolution characterized
the action of the commission as an attempt to
encroach upon the powers of the legislature.
body composed of the direct representatives of
the people and provided for a copy Of the reso-
luton being sent to each member Of the Senate
and Assembly Albany.
Il understand" said Mr. Mccall there are
two bills on the calendar of the legislature for
to- morrow, introduced behalf of the Rapid
Transit commission and providiur for the
commission being invested with the sole power
Of granting franchises In this city. That power.
| claim belongs rightly to the local legislative
assembly
THINKS COMMISSIONS WORK IS OVER.
Alderman WaIkly. who followed, said the
Board of Aldermen should be exceedingly jeaI-
of its powers. He said the Rapid Transit
Commission was a self-perpetuatng body. Ev-
erybody had assumed, he said, that the official
life of the Rapid Transit Commission would ex-
pire the work Of the rapid transit
subway was finished. The commission had no
right to grant any franchises. and the action of
the commission in going to Albany should be
regarded a strike at nome rule and effort
of Curtailment Of the powers rightly vested in
the local legislative body
Alderman Goodman said he was against the
adoption of the resolution. because il involved "A
Censure of the Rapid Transit Commissioners.
who had only done their duty in seeking to pre-
vent the Pennsylvania Railroad from paralleling
the rapid transit road. for which this city had
already spent 30eONOOO
Aldermen Doul and Peck favored the resoIu-
ton
Alderman Wafer thought censure should he
passed only the Rapid Transit Commis-
sion, but Mr. Shepard and Mayor Low as
we'll, as parties to the commissions action.
Alderman Bowling said he Mayor
Low had done nothing to take away any power
vested in the Board Of Aldermen.
Alderman Parsons said the board should not
pass the resolution unless It had the revised
charter and the Rapid Transit The fact
that Alderman Parsons is member Of the firm
Of Parsons, Shepard e. ogden. counsel for the
Rapid Transit Commission induced Alderman
Hamburger, who next got the floor to say that
man Parsons. who was closely affiliated with
counsel for the commission. Alderman Parsons
rose a point Of order. and excepted to the
statements Of Alderman Harburger.
Alderman Tin sullivan said the protest
should he lodged against the Mayor not against
the Rapid Transit Commission.
Alderman Matthews in explaining his vote
said:
IF II We're only a Censure on the Rapid
Transit Commissioners | would vote ave but il
contains censure honorable Mayor
and. therefore ! vote no.
The original resolution was carried Forty
one votes were cast in the affirmative and
eighteen in the negative.
DnT-Ep EOp y T. GOlTJTTCSTnN