New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-12-23
ALDERMEN HAVE POWER.
But the Railroad Committee Fails to
act on Port Chester Permit.

The railroad committee Of the Board Of Alder
men. which should have taken some action yester-
day on the Port Chester Railroads application
for permit TO allow action by the board later in
the afternoon carefully refrained from securing
quorum. When enough members appeared 10 make
1t probable that a quorum would soon be present
some Tammauy member would have an excuse for
going out. and the committee finally adjourned
without taking any action.
There is hardly tine enough left before January
l TO get the resolution through and have II ap-
proved by the Mayor. The campaign to get the
permit approved by the Aldermen will have to be
begun anew before the new board.
While the committee avoiding a quorum
yesterday the report from the Corporation Counsel
for which it had asked. on the question whether
the Aldermen had power to act without previous
action by the Board of Estimate and Apportion-
ment waiting for hearing The report over
threw all the arguments OF the opponents Of the
permit The report was addressed to John Die1ner.
chairman Of the railroad committee. and said IN
part:
The New-York and Port Chester Railroad Com
pany was incorporated under the provisions of Ar
ucIe l OF the General Railroad law of 1890 to
construct railroad between terminal in the
and terminal al the state line Ia the lilac Of
Port Chester, in the County Of Westche5ters It's
owned By the company crossing inter Sc Hg
streets either above or below the grade thereof
Commissioners; The railroad viii be a general
same as do the NewYork ana Harlem, the New
York, NeW-Haven and Hartford and the New
York Central and Hudson River Railroad com
pauies-
Section II Of the Railroad law provides that the
road shall not be constructed without the assent
the Corporation" Assuming that the act applies
these words unquestiOnabiy mean the assent OF the
Board Of Aldermen, approved by the Mayor.
l therefore beg 70 advise you, and through Won
the railroad committee OF your honorable board
that in my judgment the assent asked for IS
not grant OF franchise or other right to use a
street. that It does not fall within any Of the pro-
visions Of the charter, and that your honorable
board may act without any reference to the Board
or Estimate ana Apportonu1erJ
7 have the less hesitation in holding because
II my views the subject are incorrect and vour
honorable board should Ar TO grant your assent
the construction of the road Il would undoubted
y be open to any person who may conceive that his
rights injuriousIy affected. to appeal 10 the
for injunction 70 restrain the construction
Of the railroad the ctys streets and in that
way an authoritative decision might be obtained
from the courts.
On motion OF Alderman John T Mccall at the
session yesterday it was resolved 20 hold the next
meeting Of the board next Monday at II g. m Mr.
Mccall explained that by putting the date of meet
ing back a day IT would be possible to get any
necessary papers before the Mayor before his term
expired
Some OF those who heard Mr.. Mccall speak
prophesed that tho Port Chester people had last
found a way TO convince the railroad committee
Of the Justice of their claims for z franchise.