New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-04-07
DELANY HELPS RIP ROAD.
DODGES TALIDITY ISSUE.
Decision Encourages Sulliran Con
hngcnt 10 Continue HOlG-Up.

Corporation Counsel Deleuy has sent 20 Mayor
Mcclellan ard Controller Grout Ell opinion say
31g that the Bos~d Of Estimate and AppoTtion-
yrent has nothing whatever 20 do with the valid
ity OF charters y corporations applying 70 the
Board OF Aldermen for franchises. It is the
province Of she hoard OF Estimate and ApDor-
1lcnInent, Er. Dcla-v Says. TO tx the terms o.
she franchise.
Acting On this advice. tie Board OF Estimate
and Appo-tiorner, VIII take Up the question
a. terms 20 he enacted from she Newly DIRK
1vestcnes;e- and Boston RAILROAD Company
Otherwise known ms She Rip road, for its pro-
posed occupancy Of streets and avenues in The
13roEx.
The refusal GO The Corporation Counsel 10
pass on the regularity or validity OF the COM
pany leaves il for any interested person TO bring
an action that VIII ultimately fix the status OF
the company and determine whether It has any
legal existence.
such a procedure would accomplish exactly
what the RID road desires, namely, the hold
up OF The Port Chester company, although
that corporation has fought its way GEAR up
10 and through The Court Of Appeals and estab-
lished the validity OF its charter beyond ques-
siOn-
The Damaging thing about che opinion OF Nj
Delany 20 the Port Chester interests is that It
encourages the Sullivan contingent in the Board
OF Aldermen 10 withhold from the Port Chester
company the same privilege il has given 10 the
Pip road. The Railroad Committee has no
attention OF acting favOrably on the Port Ches-
ae- permit resolution until it has been con
WINGED" by the financial interests hack Of the
enterprise that the company has plenty OF money
1or promotion purposes.
This is the attitude Of the aldermen as out
lined b. paid counsel OF the Rip road at a
hearing before the Mayor five or six weeks ago
The situation in that respect has not changed.
Alderman Sullivan dictates the sctiOn of the
Railroad Committee and he is on terms OF
great cordially with TIE Rip road, and has
from the start opposed the Port Chester com
1oany. Not only has he opposed Il, but he has
compelled Borough President Hahen OF Inc
Bronx and the aldermen from The Bronx, with
the exception OF Mr.. Stumpf to line up in favor
of the rip read and against the Port Chester.
Six months ago EIafTen and the Bronx aldermen
were shouting themselves hoarse in favor OF
she Port Chester company and 6enouncing the
rip" company bsd lot.
All the blame for the delay in getting better
transit facilities for The Bronx IS chargeable TO
Sullivan and Hanen and the solid Tammany
backing supporting them.
Alderman Haggerty, one day last week, told
e Tribune reporter that the Railroad Committee
would take action on the Port Chester permit
Tuesday last He spoke without me aG-
viii rot report the resolution out OF connIttee
so long as they have The support Of Hatten
and the other aldermen from The Bronx Han
fen and his friends have been INDUCING "a Inc
game Of working both ends" ana Wli CON
tinue TO DO IL SO long as the people 81 Tie
Bronx are compl3Cent. i is perfectly Wei
known in the board shat it win take Two or
three years 10 test IN the highest courts the
validity o. 1he charter Of the Rip road. Inc
Bin" road cannot build roo or track unlll
the highest court has passed ON its charter.
When the hod-up at first became apparent
various members OF the Railroad Committee
,ee-r scared al the scandal that they had Gre
ated These same aldermen have become so
-alIouSed 10 public sentiment and criticism tlat
now they laugh when their action is ascrlpeo
10 ny motives
Controller tirout intirrated yesterday that the
Board OF Estimate and Apporionment would
irapoen higher terms on The Rip company
shan is contemplated IN the case Of the New
York Connecting Railroad Company, a rem
eylvania Railroad concern
''The New-YCrk Connecting Railroad Com
many probably VIII be obliged 10 pay FIVE cents q
running foot n year as rental Tho company
traverses p territory that IS not built mp inuch
81 the way. The Bronx iS moro fully hNIt up,
and the applicant company probably VIII nave
10 nay accordiugly.' said the Controller.
Ruuors % continued dissension among the
hackers 81 the rip company were In ciTcula-
zion again yesterday. and ii IS thc opinion Of
1uau- railway men tEaJ the company viii soon
offer 10 sell what 81 has got 10 the Port Chester
.oor1panv and retire from The field.