New-York tribune., 1903-04-09
GRAB BILLS EXPOSED.
HEARING At ALBANY.
Refusal to Exempt City from Their
Pro1rsiOns.
rpr TELEGRAPH TO THE rRrnuxE.l


Albany. April s-The Senate Railway Committee
gave a hearing Of great interest to-day upon the
bills Of Senator Wilcox and Senator Goodsell in re-
lation street railways. Charles s. Whitman. the
Assistant Corporation Counsel of New-York, was
present the representative of the city authorl-
ties TO offer their protest against the passage OF
the bills in their present form. There were also
present to oppose the bills Frederick H. Allen. rep
resenting the City Club and thirty-eght other or
ganizations of New-York. and J. Aspinwan Hodge.
representing West Side Transit Reform Com
rnittee and other organizations In support of the
hill there appeared J. Tracy Rogers. president or
the Street Railway Association. and W. p. Trun.
Mr Rogers submitted a memorandum in favor Of
Senator wilcox's bill He would not state who had
prepared the memorandum. although declaring pub
lclv that il had not been prepared by Henry A
Robinson counsel for the Metropolitan Street Rail-
way Company. Mr Robinson Mr.. Rogers declared,
had never seen the document
--gNfll YOU exempt New-York City from the pro-
visions OF this act7" inquired Mr. Whitman.
Il do not see why New-York City should be ex-
empted" answered Mr.. Rogers: this act is for the
State OF New-York.'
Mr. Rogers also submitted amendments TO the bill
of Senator Goodsell. but the Senate Railway Com
Ini:tee di6 upon them
Nj whitman then began his analysis Of the
Wilcox bill. He declared that the purpose Of the
hill was TO make valid invalid interpretations OF
street railway corporations. and TO make legal
failures TO comply with the railroad laws II was
intended to give life companies which never had
g legal existence The bill applied to future COM
panies also and attempted 10 revive special privi-
leges which had expired many years ago. No
obligations were TO he assumed If formal defects
were 10 be corrected. there was no need of the
measure Whether the stock of these old COM
panies was paid for not the franchises would
become operative.
II made no matter whether cash had been paid
In when the incorporation attempted or not
With one stroke of the Governors pen these fran
chises would become OF incalculable value. The
city authorities did concede that these old fran
chises could be revived. but it was a close legal
question. He added:
The fundamental reason why Nev-York opposes
TO it, and it sells these franchises for periods
not over twenty-five years. The bilF revfves fran
chises which must have been franchises in per-
petuity.
Nr Whitman then declared that the bill would
free the Union Railway Company OF New-York
from obligation 10 secure the consents or prop
ertv owners in order build q road. The Union
Railway Company. he pointed out. succeeded to the
rights Of the Harlem Bridge. Morrisania and Ford
ham Road which was organized about 1851
Nr Whitman argued that this old railroad COM
rauv could have acquired certain rights under the
laws OF that period and that 1t was these rights
that bill might revive. Speaking Of the WILCOX bill
and the GoodseI bill. Mr. Whitman said:
We believe it the deliberate attempt Of those who
given it by its charter. We have been unable to
md out the real intent OF I 70 ranee a Cointy
and the other TO Bailey-ave-. Buffalo. but We be-
feve they are aimed at rights OF the city OF New
York.
7 Asp.nwall Hodge Frederick H. Allen and ex-
Senator Ford also spoke
J Tracy Rogers then submitted memorandum
in favor Of the bill AS he did so he said:
see in the public press that every hour I 3l bin
i hey all g gFaP h bills stIee, sfSgId RaaS rsssn s
scCiafjon So This bill was presented year by
Senator slater passed the Senate, and would have
t,l,- for error M a
notion one day' This bill is for the State of New
York. for every street railroad in IT,
Mr. Rogers then said he had appointments TO Of
fer 70 Senator Goodsells bill
DO YOU think said Senator E r. Brown. that
these special acts should have general applica-
tion2"
AIr Rogers did not reply the question.
" Truli stated that a certain section the
the incorporation Of the New-fork and Port Ches-
the 70 per cent cash required of its stockholders
had been represented by a check which was not
Endorsed Because OF ila4s the legality Of its in
corporation being fought in the courts.
This ended the hearing. but Mr.. Rogers then
submitted his amendments TO the Goodsen bill to
Senator Goodsell In the memorandum by submitted
Mr. Rogers in behalf Of the Wilcox bill the argu-
rnent is made that present Section of the in
corporation law is ambiguous. The writer of the
memorandum says:
The penalty for failure to comply with the re-
subscription and payment Of the minimum amount
stock is too drastic. and unJustly exposes pur-
chasers OF stock OF corporation. VINO We're not
corporators and who relied upon the appearance
Of perfect legality.
The proposed amendment TO this section, and to
Section 50. provides method of asoertanment and
determination TO the proper formation Of the
company a its inception The justice and pro-
r,rjefv Of such provision would seem not TO be
open 10 question. An obvious failure TO comply
with statute is made the basis OF a proceeding
great deal Of vexatioUs and wholly unneces-
eary litigation has arisen over questions concern
ing the organization of companies in compliance
with this section which the adoption Of these
amendments viii prevent IN future.
Explanations of the reason for the proposed
amended and supplemental certificates OF incor-
po-ation follow: Another section of the BILL the
writer says:
Provides that all street railways shall have the
general ordinary powers given by the railroad law,
and their exercise Of such general ordinary
powers shall affect their vested and contractual
through the State all taxed on the same basis:
why then should they not have the ordinary pow
railway companies and which the mere payment
q incorporation tax enables the corpoTators
Of any corporation to possess by the formation Of
new company
M Rogers also presented amendment TO Sen
Htor C1oodseII's bill striking out the words the
fling Of any statement OF extension which has
heretofore taken place in conformity with the pro-
visions Of this act. amended, is hereby rati
Another amendment offered by Mr. Rogers to the
bfll Of Senator GoodseD exempts Eighty-sixth-st-,
between Ecighth-ave 1nd Riverside Drive, from the
provisions Of the act. and says the act shall not
in any revive any consent OF local authorities
franchise now expired or forfeited. 10 relieve
any corporation from any existing obligation TO
issue transfer tickets"
CONFERENCE SENDS PROTEST.
A letter from the New-York Board Of Trade and