The sun., 1903-12-27
THE HUCKLEBERRY ROAD WINS
STATE BOARD TURNS DOWN N. y.
CITY METEOROLOGICAL co.
Appeal May Now he Taken to the Appellate
Division OF the Supreme COurt-Metro'
--utan Interests Control dhe Huckle-
berry-fight Has Lasted Two Years.

--utan Interests Control the Huckle.
berry-Fight Has Lasted Two Years.
The decision Of the State Railroad Com
mission refusing to grant certificate 10
the New York City marlborough Railway
Company 70 a street railroad system IN
The Bronx which was announced in Albany
yesterday, is regarded by the 1nterurban
Company as virtually putting an end TO
the fight that 1t has had on it's hands for
nearly two years to keep a rival OF the
Union Railway out OF The Bronx.
The marlborough company, had it re-
ceived certificate from the State Railroad
Commission, would undoubtedly have been
q sharp competitor of the Union Railway.
commonly known as the "Huckleberry
road, as il had projected more than forty
miles of track in The Bronx. 1t was on the
ground that the competition OF the two
systems would have been ruinous for both
that the Interurban company based It's
opposition before the Board OF Aldermen
last spring and before the State Railroad
Commission.
The marlborough company was incor-
porated on March 81, 1902 The president
was Robert C. Wood. broker. The COM
papy's system of forty miles. as planned.
would tap many parts OF The Bronx and
parallel the tracks of the Union company
In large part Of the territory
Before making application to the State
Railroad Commission the company went
to the Board of Aldermen for franchise
for it's system. This was granted by the
Aldermen in March last, after the Metro
politan interests had put up stif fight.
A host Of property owners in The Bronx,
whose property was on streets through
which the new company's lines would run,
appeared at the hearings in favor OF the
application.
In addition to granting the company,
franchise then the city recently. when the
Union company got the right to cross
Macomb's Dam Bridge in order to connect
Its lines on the West Side with those in this
borough, inserted a clause in the franchise
requiring the holder of the franchise to
allow the Interborough company to use Its
tracks across the bridge thus giving 1t
access to Manhattan.
The Interborough company, before pro-
ceeding to construct its lines, had to get
the State Railroad Commission that its
lines were matter Of public convenience
and necessity. Its application, which has
Just been denied, was made on June 2,
1903. Many hearings have been held since
then by the commission to determine
whether or not facilities in The Bronx were
adequate and whether rival street rail-
road system was needed Briefs in the case
were submitted on Dec. 7. Everett p.
Wheeler. State Senator Charles l.. Guy
the marlborough company in the, fight
before the Railroad Commission and Will
liam H. Page, Jr., and Paul D. Cravath
appeared for the Union company.
that tho decision of the commission would
end the matter. and Leave the Union COM
As 1 Understand it., said Mr.. Page, 'the
commission has decided the case on its
es tsesnoates and tbs CHANGE A of the
Interborough Railway Company winning on
an appeal to the courts is, to say the least,
remote. The objections Of the Union com
gany were based on the ErSInd and aha5 need sde
Iessly parallel its lines and would not
materially increase the transportation
facilities of The Bronx, 1t was shown that
. number of miles Of the proposed system
value the proposed route might otherwise
have as a system, and also that number
Of miles Of the proposed system extended
over streets that were neither legally nor
physically laid out. The proposed system;
We contended, was inadequately arranged
for meeting the requirement. OF whatever
trafic there might be along its lines and
was bound in any event to be financially
improbable, inasmuch as careful calcu-
lations of possible earnings showed that
for years it could not be run except at a
deficit.
Among other objections were that num-
ber OF sections of the system ran over the
route Of the Union company upon which
the Interborough could in no way get au-
thority to run without the consent of the
Union company, which was refused in ad-
vance; that the provisions of law specif-
cally prohibited any such company as the
1nterborough from using Macomb's Dam
Bridge or the viaduct; that the franchise
granted by the Board of Aldermen was
void, because II had not been made in COM
pliance with the Charter; and, finally, that
the entire incorporation OF the Interborough
company was invalid because 10 per cent
of the capital stock in cash had not been
paid in in good faith. as required by the
Railroad law.
At the last hearing in the case Mr.. Page
said testimony given showed that the
financial backing of the enterprise was to
come through George r. Sheldon, the
banker H. j. Fransiol. formerly general
Ouperintendent of the Manhattan Elevated
company, is one OF the directors Of the
company. Under the law appeal can be
taken to the Appellate Division of the
Supreme Court from decisions Of the State
Railroad Commission, and this will proba-
bly, be done in the case Of the 1nterborough
company.
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