New-York tribune., 1902-03-21
R. T. BOARD DIVIDED.
| UNABLE TO AGREE ON POLICY TOWARD
TUNNEL BILL.
POSE PENNSYLVANIA MEASURE BE-
FORE MAYOR TO-DAY

three hours yesterday without adopting any
policy toward it. Mayor Low and Controller
Grout attended the meeting but did not vote.
Alexander E. Orr, president, and Edward NJ.
Shepard and Albert B. Boardman. counsel to the
Rapid Transit Commission, will attend the
Mayors hearing this morning They may Op-
pose the bill in its present form.
Messrs. Shepard and Boardman yesterday ad-
vised President Orr in long communication
that the Rapid Transit Commission had jurisdic
ton over all legislation affecting rapid transit
in this city, but the counsel did not say that it
was the duty Of the commission TO oppose the
tunnel bill.
Mr.. Orr in letter to Mr. Shepard had made
a plain request to be advised with reference to
the duty of the board. The counsel stopped
short of telling Mr. Orr what he wanted to
know. Mr.. Orr's letter was as follows:
MR.. ORR's LETTER.
In my Individual capacity as A citizen of New
mission. in the work of which. as you know since
you have been one Of its counsel. | take the very
deepest interest. beg your attention 10 the fol-
and the New-York Central Terminal bill, both seem
10 me from what have read Of them in the news
tain proviont bearng either directiy or Indirectly
upon the rapid transit future of this city. am not
sure just what the duty of the Rapid Transit
may affect the rapid transit future of the city,
which, since I have been president of the board, l
have supposed was intrusted IN way TO the care
OF the Rapid Transit Board, with some kind OF
ronsa'on upon {nr noarG 20 roo(e anu 1Yfbi1s
which might be harmful to those interests. That
resistance of the board 70 the called West Street
Bridge Terminal oil whicn largely by the acton ton
year, and to protest against which. ar the earnest
I do not Of course. wish 20 have the Board as
sumo any jurisdiction which does not belong TO it.
NEEDLE with duty or SUBJECT WnlCU II ought
not on the other hand. do not wish that We
accused of having assented by silence to legislation
which in reality was within our neId and as as 70 20
We had any criticisms to make. I shall therefore
up this matter at once and advise US wnat' f 8ndfT
the Rapid Transit authority. or under the Rapid
bers Of the board hold their duty in the case Of
pending legislation which comes 10 tnelr lnIorna-
ton which affects, OF may affect rapid transit in
I quite appreciate that my inquiry may call for
as well as with the law. but nevertheless shall
send me fun answer IL time for our meeting on
Thursday next the 10Th inst
REPLY BY SHEPARD AND BOARDMAN.
The reply Of Messrs. Shepard and Boardman
in part is as follows
The plain theory OF the Rapid Transit act IS The
eqGPped board to deal syStematicaiy with rapid
transit problems as they arise from time 10 time
subordinate 10 any authority except the legtslat-
and 20 veto by the Mayor or Board or Alder
Volve vow Il the aus use OF, Of public streets
Then follows strictly legal review Of the
Jurisdiction OF the board, commenting on which
the counsel say:
In these and other provisions the act makes clear
ton and supervision Of rapid transit work The
rapid transit mentioned IN the aet lIleludes ]
character for the carriage of passengers or freight
especially SuCN granting TO existing rAllTp6Q
Nor do We think it open to any doubt that it Is
he city.
In conclusion the counsel say:
We do not understand that We are called upon at
PcnTEvvnia J RAILROAD b 0r the NewY6Tl Cen
tral terminal bill W" are clear, however, tnat, 50
rapid transit within the limits Of greater New
loIK II Is me duty OF lne Oaru % 10 SIuuy - men N
board. the bills propose reversal radical mCdt
raSd li' TRANSIT IN I interests them that the Board Should
submit its protest 10 the proper authorities
RIvES FAVORs THE BILL.
Corporation Counsel Riyes says the tunnel bill
Is all right
The bill" Mr.. Rives declared yesterday. was
carefully scrutinized by me and 1 regard ii as
much better for the city than the present char
ter regulating the granting OF franchises. The
section provides that every franchise grant
shall he subject to the conditions requiring pay
meut 10 the city, by the corporation, Of rea-
sonable compensation. prescribed by the Board
OF Aldermen which shall be readjustable at in
tervals fixed Of not more than twenty-five
years This is the clause which / regard as
better for the city than the present law, which
provides for a payment OF not less than per
cent Of the net profits.
Under the new section the city can decide on
a compensation and increase II at stated IN
tarvals, while II is impossible for the city OIL
cials TO find out what the net profits Of a cor
rfny, in f-7a 10 collie he nsTg
As 4 result the city gets nothing. For instance,
w have never been able TO collect anything
from the Ninth-ave. branch Of the Manhattan
Railway for this very reason, though a suit has
been pending for years
President A J. Cassatt Of the Pennsylvania
Railroad said that his company wanted per
petual franchise but that it was willing 10 pay
proper compensation to the city.
This company continued Mr.. Cassatt. only
desired such legislation would permit the
granting Of a perpetual franchise under which
its system would furnish TO the public, in con-
junction with the Long Island Railroad Com
pany. a central passenger station in New-Hork
City and a through rail connection for its New
England passenger business Ihe Dill. IN tacI'
takes no powers from the Rapid Transit Com
mission and confers powers upon the Board
of Aldermen which they do not now possess, eX-
ccpting that il authorizes that board TO grant
perpetual franchise TO tunnel roads extending
beyond the city"
President Cassatt added that he thought it
would be admitted generally that the Pennsyl-
vania company could not undertake such
project as it contemplates unless it secured
perpetual franchise.
TUNNEL EQUIPMENT TO COST $15O00O0o
SUBWAY OFFICIALS LEAVE TOMORROW
FOR A TOUR or INSPECTION
IN THE WEST
E P Bryan general manager Of the Rapid Tran
sit Tunnel Railroad. says that the equipment Of
the tunnel system will cost $15,OoooC0-