New-York tribune., 1903-04-14
MAYOR TAKES ACTION.
TROUBLE FOR UNION Il. r..
BIZ to Repeal It's Exemption
Granted IN Present Lac.
rnr rrIreRAru TO TEE TgNvNE.l

TBr 7ELEeRAPH TO TIE TgnUNE.l
Albany April l3.-Mayor Low has followed
I'd his denunciation of the street railway grab
bills by sending Assemblyrnan Beder. the chair
man of the Assembly Railroad Committee
bin repeating so much of Chapter 5oS of the
Laws Of 1901 as exenlpts from the limitations
of the general railroad law street railroads in
corporated prior TO July !, 1885 With the bill
he sent a letter explaining why he wished AS
semblyman Bedeu 10 present ii to the legis-
lature and urge its passage. The Mayor says
that the general railroad law passed in 1881
provided that all street railroads thereafter
built should pay TO the locality per cent upon
the gross receipts during the first five years OF
their operation. and that in 1892 the Union
Railway exempted from this reasonable
rule.
He says further. that the Union Railway was
subject TO the time limitations of Section SO of
the general railroad law, providing that if any
domestic railroad corporation should not within
five years after its certificate Of incorporation
was fled. begin the construction OF Its road, or
should not finish its road and put it in opera
ton within ten years its corporate existence
should cease: but that IN 1901 act was passed
declaring that this section should not apply to
any street surface railroad company incorpo-
rated prior 10 July !, 1895. The Mayor declares
that this had the effect of removing from the
.operation Of the salutary tine limit fixed by the
railroad law this Union Railway Company. in
corporated in 1892.
AssembIyrnan Bedeu introduced the bill sent
here by Mayor Low at the session Of the AS
sernbIy tonight If the bill becomes law it viii
amend Section 3 of the Railroad law by emitting
from it's final paragraph the following sentence;
This section shall not apply TO any street sur
face railroad company incorporated prior TO
July !, 1895. which has obtained or become the
owner Of the consents Of the local authorities
OF any city OF the first or second class given
under Article " Of the Railroad law TO the use
of nlblic streets avenues or highways for the
construction and operation Of the rahroao
thereon
The Mayors letter is follows:
hand you herewith bill to repeal SO much Of
Chapter 516 of the Laws OF 1901 exepts from the
Limitations Of The General Railroad law street rail
roads Incorporated prior 10 July l. 1895: respect
fully ask that you VII present TINS pljj lj ano 40
st IS becoming that make clear the reasons for
The General Railroad law. passed in 1890. pro,
vided that al street TaIoaas thg1e1ts[ Ter ys g[tss
receipts during the arst five years Of their opeI-
iature passed bill Incorporating The Union R9i, AL
Bay Company n taI & Is now me afng IN doronsnT ~
and gave TO it the extraordinary privilege OF eX-
Tnents for franchises that had been established by
the General Railroad law for all parts % OF I'm the
Company alone. far as / am aware, among an
1sG1 paws TO the city OF New-York. instead Of )
per cent and Per cent On It's gross earnings the
following schedule. One per cent until us recelpls
amount 10 500 day, and an additional per cent
But even after this extraordinary exemption as
70 payments had been given the + Sn1eR MEMS fn o
crate by the control Of OLD charters was i s9o9eei
the time limitations Of Section OF the genera d
railroad law reading as follows. ogys....o- eb.11 not
If any domestic railroad coTPoIatloFq on Harnnrs sd 9
rion is filed begin the construction OF rs roaos as
rs csptsi or shall not finish its road and put it
in operation within ten years from me ulIe % %
filing such certificate its corporate existence diu
In 1871. BY the greater New-York charter the
legislature sclenly declared that the rights OF me
city il and 70 its streets are9qes m m p5SS Al a6
and the CITY itself authorized 10 give SlIett
ws9 aEsTn soienlniy Confirmed by the revised char
ter known CHAPTER 400 OF Lhe LaVSs OF iSI,
nsn- vas added to Section Of the General Rail
roa9 sw cFa T2S s 5eon not II app to any Street surface
railroad company incorporated prior TO July l. 169o
consents Of the local authorities of any city Of the
4Ts{ {ro OF fe 70 the se Of public Streets avenues
or highways for the construction and operation OF
The foregoing amendment SO far as it relates. to
T me declaration of the legislature. twice soemny
MADE that the property interest OF the city IN It's
effect OF removing from the operation Of the sau
tary ume limit fixed by the RSFoao a =, iaw ISq2 I'M: Is
which the State had already given such unuSua
nor 70 be Believed that the state Intentionally di5
this thing for If II dd at me xsry SESSION al
z-rr-
charter. its original grant to the city OF ls OF ar
tnalienable property right in its streets as REGARDS
nIIbic franchises il withdrew from the city in the
interest Of an already specially favored road,
time limitation that had been established two
years before this company was incorporated
ask, therefore, for the repeal OF Chapter Duo OF
the Laws Of 1901, far ii relates 70 street rail
roacs; first because I believe it TO be bad public
policy 10 exempt companies incorporated after tho
General Railroad law was passed, from the time
Limitations contained in that law. and second be-
cause, in effect. such exemption works breach OF
faith s toward the city of New-York on the part
OF the State. The grant TO the city Of land under
water, made by the Royal Governor Dongan, was
held TO be sacred that il has been repeatedly
confirmed by the State constitution respectfully
submit that q grant twice made by the legislature
OF the State TO the city, Of inalenable right 4
SITS thoroughferes for the purposes Of franchise.
ought not TO be lightly set aside IN the interest
street railway corporations.
The only possible hardship that such corporation:
could suffer by the repeal of the clause I ask
ing for would be that they should be obliged tc
pay what they worth for the privileges tha
this arner6ment gives them without payment
This involves 10 such companies no harQshlp, 4
asks OF than only fair dealing
For these reasons, hope that you Will press tbs
adoption ot the repeating act which iEclose-