New-York tribune., 1903-04-07
UNION RAILWAY POW ERS
Nr. Hhitman Points Ont Dangers IN
T1cO Measures.

Albarv April s-Assstant Corporation Counsel
Whitman of New York. gave out statement to-
night alleging several railroad bills introduced
all give the Union Railway Of New York
City great powers He says:
Senator Goodsell's bill excerpts certain railroads
from the provisions of the Railroad law, and pro
JOY the same rights ara 1Iahchses me! acquI!eo
the time Of their organization, notwithstanding
been forfeited or determined Il is a rule of the
read as to give effect to he Language used and
the amendment would be idle and useless if it
continue 10 have rights and franchises acquired
under and by virtue of law. and which have rot
would. The amendment revives franchises which
haTe IT, "eg sTnion tG PsfvaV is nav name for The
Harlem Bridge Morrisanta and Fordham Railroad
Company. given by the act Of 1892. which amends
the act of Incorporation of the Harlem Bridge
Company. provides Tor a consoIlo9toh an9 INA Inat
solidation shall be the Union Railway Company
necessary for these companies to apply TO the local
ellthoTitiss Tor GonSen!S: f aG ] nizeS
To construct railroads The law by virtue Of
has been conferred was passed in 1858 and under
that law the Harlem Bridge Company acquired
the consent of the local authorities and the amend
continue have all the rights privileges and i'm
nunities under by virtue of the law by virtue
Of which its right TO construct railroad has been
the striking of the provision of Section that
visions Of the article of the railroad law. requir
ing that the consent OF the local authoTltleS De
The amendment repeats vital provisions of the
railroad law. One section provides that all street
railroad companies should be subject TO and must
comply with the provisions Of the railroad law
There is nothing left OF this provision.
The Union Company was organized under the
act o 1892 It acquired the right 70 build part of
its roads under the act of 1868. by succession from
the Harlem Bridge Company; il has had acts
pa ssed amending the charter Of the Harlem Bridge,
Norrisania and Fordham Company. and il has also
had acts passed confirming its rights and ratifyfng
/ think that the scheme Of the Union Cempany en-
is to claim that regardless of the act of 1858 the
Harlem Bridge Company. nevertheless acquired
rights under the law Of 1850 to build its roads;
that anv forfeiture fer failure build in the time
limited is waived by the amendment above men
build The roads without the consent of the local
authorities and that the amendment merely re
lteves il from complying with the general ral-
road law the matter Of consents, which IN the
the constitutional amendment calling for the con-
sents did take effect until 1874 while the ftar
lem Bridge Company organized in 1888
The bill introduced by Senator l. L'Homned1eu Is
extend the time of the Union I on
pany ard controlled lines 10 build its roads IN
authorities and also attempt to avoid apTiylng
the local authorities Of the city in cases "heFe
consents Of local authorities before annexation
given. and have been are liable to forfeit
ure by law or by their own terms for faliute 10
build in time.
As consent of the local authorities upon its ac-
ceptance by the railroad company forms a con
tract this portion of the amendment Is void IN that
il contraVenes the constitutional provisions aSihst
laws impairing the obligations OF contracts.
in which the railways are controlled BY the Chioh