New-York tribune., 1903-04-01
RIVES AGAINST BILLS.
Sends Objections to SeUen to albany
Praises Tribune article.

Corporation Counsel Rives after carefully ex-
amining seven different bills affecting railroad
franchises. last night sent TO Assistant Corpora
ton Counsel Whitman. at Albany. a memo
randum containing the objections of the Law
Department of this city to the measures
These bills numbered follows: Senate
bill 1s1. introduction III Senate bill 400. in
PRODUCTION 415 Senate bill So3. introduction
623; Senate bill 566. introduction 459: Senate
bills 565 and $50 introduction 45S: Assembly bill
$50, introduction 556: and Assembly bill 1.471.
introduction 1.136
THE Tribune's article this morning telling
about the true inwardness of these bills was
timely and exceedingly useful" said Mr. Rives
yesterday to Tribune reporter.
In some of the smaller cities of the State
II is perhaps worth the while of the authori-
ties to give away street franchises in order
to extend lines of traffic and build up localities
that need transportation facilities. New-York
long ago got past that stage. however To-
day this is the second largest city in the world,
and nothing in the way of premiums sub
sides is needed in order to promote its growth.
It is bound to grow anyway. These bills now
under consideration at Albany seem to put this
city in the same category with the smaller
towns of the State. All of them deal with the
subject of street railway corporations. What
ever may be the merit or demert of such
legislation as to other places than the city of
New-York when legislation of this character
is proposed affecting the city OF New-York it
seems proper that the city authorities should
always strongly insist upon the radical differ
ence which exists between the city of New
York and other localities. By the charter of
1897 the franchises in the streets of the city
of New-York are given to the city as municipal
property. It may be truly said that the State
of New-York has given to the city of New
York all the right which vested in the
State to create franchises in the city streets.
These franchises are truly property as If
they were tangible and they are owned by
the city of New-York for its corporate pur-
poses as truly as the docks and wharves of
the city, or the land under water in the harbor
adjacent to its shores. This being so, general
legislation which relates to any class of these
franchises, except for some important reason,
based upon justice or sound public policy,
should exempt from it's operation the city of
New York.
THE grants of franchises in the city Of New
York for many years have been made by formal
instruments containing covenants and con1i-
ttcns controlling the rights granted thereby.
Legislative interference, whereby such terms
and conditions may be affected or altered
seems improper because in violation or the con-
stitutionaI ana statutory rights of the city. 1t
is unnecessary to develop further the reasons
which sustain these propositions It will be
sufficient to note the grave danger of interfer-
with and injury to this valuable property
of the city of New York, which may be caused
by general legislation. introduced, as II ire
quently is, for unworthy and selfish motives
In order safeguard the City's rights ana
Illustrate these attempts upon its property, the
city of New-York should be exempted from the
operation of these bills. unless in the special
cases referred to above"