New-York tribune., 1902-07-22
CHARGES IT WITH BAD FAITH
SWANSTROM SAYS WRITTEN AGREE
MENT OF BROOKLYN HEIGHTS RAIL
ROAD COMPANY Is WORTHLESS

After the bids for the East River tunnel had
been opened yesterday, President Orr produced
a letter from J. Edward Swanstrom, President
of the Borough of Brooklyn. which read by
the secretary. After saying that he would sub
NIT considerations which he believed would con-
vince the commission that it is neither right
nor proper that additional public franchises
should be granted to the Brooklyn Rapid Tran
Sit Company at least until such a time as it
has discharged it's statutory obligations to the
city, President Swanstrom mentions the law
providing that a street surface railroad corpora
ton shall keep in repair the part of the road
way between its tracks and for two feet outside
the tracks, and states that the law has been
'persstently ignored by the Brooklyn Heights
Railroad Company" He continues:
1t has allowed the pavements many miles of
our streets to lapse into condition which is abso-
Giles has refused or neglected to obey the direct
On Apr M afier Sa caref tf nyestraion Of ali
the thoroughfares in this borough used by the rail-
the Brooklyn Heights -'isi Railroad road Company ealing
on IT TO repair the Pavements of eighty-eght dit-
were specified at which the repairs were most pr-
notice until Nav 70 npdn whtSS daf the said
Brooklyn Heights Railroad Company notified this
to proceed with the work on seventy-fve of the
am able to state, however. upon information
and belief that on that very day, May Is, 1872 the
their paving gangs from work. No attempt was
made until the end of June To initiate this much
work. force whic6 is entirely insutcient To- make
the necessary repairs this year.
on March p. 1899. they agreed. through, their
toeether with the poles and overhead wires, ana
10 restore the street to its former condition, pro-
vded they permitted make a connection
on Meeker-ave. between Humhodt-st and Graham
executed by the president of the said company aud
transmitted 10 the former Commissioner of Hisn-
nit 70 make the said connection on Meeker-ave. on
double tracks. overhead wires and poles there
from, ana restore the street 10 It's former condi-
in which the said Brooklyn Heights Railroad Com
pany pursuant 10 resolution Of its board of di-
rectors hereby Sertes and declares that ii accepts
said permit with all its terms. conditions and pro-
ad provons h ssfs 6f said ID m rms
was executed on August Z. 1890, by the president
At the end of the year 1871 the said company had
done % a6soiutey nothing in the matter Of removing
ing that the company intended to deliberately
dered the Bureau Of HishWays to remove The said
tracks My instructions were carried out
respectfully submit. therefore. TO your honor
able board that the written agreement Of the
Brooklyn Heights Railroad Company is absolutely
worthess, except SO FAR as 1t may be TO their In
terest to carry IL out.
board the fact that the Brooklyn Heights Railroad
Company Is financially Indebted TO the city Of New
vanced the funds Of this city to effect certain
General Railroad law & devoyed S5 duty 'S on S the
said company but which the said railroad company
neglected or refused 10 do. l instructed the
Law Department institute legal proceedings
against the company behalf OF the city Of New
York
to In nor e0nfSinson consider IT my duty to point out
face railroad company which has been thus negu-
gent In the performance OF its duties the public
authorities and of the safety OF pedestrians should
not be granted further public franchises until at
least their financial arrears have been hquidated
and proper bond has been given for the per-
formance of of the stiPaatons which may be made
not receive the bids of private contractors who
in arrears or from those whose character and rec
ord prove them to be untrus tworthy and cannot
understand why a street railroad corpora ton
should be dealt with any other basis.