New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-05-09
IN DEFIANCE OF THIS CITY.

At the hearing before Governor Odell on the
L'Hommedieu bill reviving and prolonging the
life of consents to the construction of street
railroads in New-York City and adjacent
counties and in and near Buffalo. the point
was made that such railroads as might be
built If the bill should become a law were
needed and would be welcomed by the local-
ties concerned. The point is not good one
The same argument might be advanced in sup
port Of a great variety Of attempts to invade
public rights by annulling policies Of govern
ment deliberately adopted in the general in
terest In fact, it has been advanced re-
reatedly and too often successfully. If it is
frue that in Yonkers, Mount Vernon and else
where more trolley roads are required and
popularity demanded, companies willing TO
build and operate them can procure the neces-
sary permission by making proper applications
and submitting 10 fair conditions. The fault
of the bill under consideration is that il seeks
10 continue rights which have lapsed, or soon
will lapse, and which will not be renewed on
the old terms SO long as the local authorities
are left in control but which, if the exercise of
them is really essential TO public convenience
the companies interested will surely undertake
TO revive on new and equitable terms when
they haze become convinced that there is no
other way.
In his brief submitted 10 the Governor Mr..
Frederick II. Allen, of the City Club, made the
motive behind the bin very clear, as follows:
The adoption of the charter of greater New
York in 1897 sought to bring about in the city OF
New York, among other great benefits, the pres
ervatlon Of the rights of the city to its prop
erty and franchises, and provided that no fran
chises to use the streets avenues, etc, of the
city should be granted by the Board Of Alder
men for a longer period than twenty-five years.
The inchoate rights OF the franchise specula-
lat obtained VallR which
had not hithertO had in the territory of the
greater New-York. and il became Of great i'm
portance TO continue the life Of these inchoate
rights because, If finally and definitely
Qured they were in perpetuity.
The section Of the railroad law passed in
1890 TO limit the life Of unused franchise con-
sents was deliberately adopted for the express
purpose Of protecting the public interests, and
embodied a wise and well approved policy.
But successive legislatures have been per-
suaded TO amend it over and over again, not in
response 10 any general demand, but for the
benefit of corporations selfshly anxious TO
evade its salutary restrictions. At the last
session several measures Of kindred character
persisted The L'Hommedieu bill survived, but
we confidently believe 1t will receive its death
blow at the hands Of Governor OdelL The
constitutionality of its enactment without sub
mission to local authorities would be disputed
in the courts, and could be judicially affirmed
only on the ground that il conformed to the
letter while violating the spirit of the con-
stitution Governor OdeI has never been
friendly TO maneuvres of that sort Moreover.
the Governor has consistently opposed legisla-
ton which aimed TO usurp the functions of a
municipal government IN respect to matters
with which fl was intended and fully equipped
to deal Tie Mayors vigorous denunciation
makes it absolutely certain that the city of
Eew-Yorz would not revive or prolong these
lapsed or expiring rigats on the terms on