The sun. [volume] (New York [N.Y.]) 1833-1916, 1904-10-29
NOCARS ON new BRIDGE N0V.1
MOTION TO ENJOIN THEIR OPER-
ALTON TO BE HEARD NOV. 2.
This, Under the Law, Acts as . Stay-A Tax
payers Suit Begun Against the Bridge
Commissioner. the Railroads and
tho bridge Operating Company.

Supreme Court Justice Smith in Brook
Ign yesterday, upon the application OF
counsel for George M. Schinzel, president
OF the Ridgewood Board of Trade, who
sues as taxpayer, granted an order direct
ing the city OF New York, Bridge Commits
sioner Best, the Brooklyn Heights Rail-
road Company, the Coney Island and
Brooklyn Railroad Company, the New
York City Railway Company, and the
bridge operating company to show cause
on Wednesday next why they should not
be restrained from carrying out the contract
Of May 1, 1904, between the Bridge Com
missioner and the various railroad COM
panies for the privilege Of operating cars
over the new East River Bridge.
The tracks have been laid, schedules Of
running time have been prepared and
everything Is In condition to run the cars
across the bridge on the morning Of Nov. L.
The granting Of the motion yesterday
acts as a temporary injunction.
The petition in the present suit alleges
the illegality Of the contract, and contends
that the franchise for the use Of the bridge,
or the streets leading to 1t have been granted
by the Board Of Aldermen. and that the
terms for the use Of the bridge and the adj
jacent streets have not been fixed by the
Board of Estimate and Apportionment,
as Is required under the city Charter.
In an affidavit. sworn to by President
Edwin s. Piper of the Allied Boards Of Trade
and Taxpayers Association, he says that
the contract is so drawn as not to guarantee
travel across the bridge for one fare, but
TO permit the companies to charge an extra
fare OF three cents sbv this simple expedient
Of limiting the number Of cars of each line
to cross, thus obliging the public to resort
to the cars Of the Bridge Operating Com
pany." Mr.. Piper also alleges that the
contract makes no provision for the transfer
OF passengers from through cars to bridge
cars, or from cars stopping at the bridge
to cars OF the same system crossing the
bridge. He also AYERS that the rental
adequate, and that Bridge Commissioner
Best usurped powers imposed by the Charter
upon the Board Of Aldermen and the Board
OF Estimate and Apportionment.
President Piper said In an interview that
Commissioner best had written to Mayor
of the New York and Brooklyn Bridge was
an excellent precedent 10 follow. President
Piper said that In the agreement for the
old bridge the railroad company had to
give bond Of 100000, while under the
present agreement no bond was demanded.
Mr., Piper also said that the railroad com
pany had to pay for all the equipment and
trxck and had to pay for It's maintenance,
while under the new agreement the city
has incurred an expense Of $500, 900 In laying
the tracks and In installing the electric
wires. .. The old agreement, he said, was
resokable ut any time upon the city giving
q three months notiee, but under the ne W
agreement the railroad companies get
the use Of the bridge for ten years, and
perhaps longer. He also SAYS TINT n very
extraordinary oversight IL that the $1,000
annual n nfal does not commence to run
until the completion OF the north tracks