New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-02-13
DILEMMA FOR RIP ROAD.
Must 4pply to Local authorities or
Fight for Charter.
FIvF-YEAR LITIGATIONs.
Inv TELEGRAPH To BE rRrBrNr.I

Albany Feb 1c-An interts sting point ir the situ-
alton with regard 20 tho NcW-foIk, Westchcster
and Boston Railroad was developed to-day, when II
was learned that this company not only has no aI-
qration before the Railroad Commission. but under
tho railroad law is apparently unable 10 make arg
such application Tor permission 10 construct lis
line The law with regard 20 Applications for rail
roads 70 the Railroad Commission was enacted IN
49, Under the provisions % Section - Of this net
st was made 20 apply only to companies organized
after that Gate. Now, the New-York. Westminster
and Boston. according TO tho statements hitherto
printed was organized in o. about ls'L Therefore,
II that company is found by the courts 20 have
val3 charter. IL viii not be necessary FOR T.
10 ask any consent from the Railroad Commission,
since It was already existing company at ths
time Of the passage Of the law and therefore not
affected b. its provisions.
While this matter disposes Of the question Of any
possibility in securing favorable action from the
Railroad Commission. it does not materially AZ
feet the situation, since there Is not the slightest
doubt that the validity o. the charter OF the West
chester road Will be tested ia the highest courts
OF the State There exist here, among those &C
quanted with the situation, the strongest doubts as
to whether the charter OF tho Westchester com
pany has not been forfeited ia the long term OF
years IN which # has remained inactive On tho
other hand. ~ Is argued by some. that the Grady
act OF last session. which understood to apply
10 this company. continued its existence in con-
tinuinE that Of similar companies IN the hands Of
receivers. the Westchester road has been for
many years. The Wilcox bill, OF the present ses-
sion, mention Of which has already been mads IT.
these dispatches Is also regarded as an attempt to
vahuste some flaw in the cnarter OF the NeM-f York.
Westminster and Boston. The only possibility OF
the possession b. the New-Yorh. Westchtster and
Boston company Of the right. indeed. OF tine
necessity, OF asking the consent OF the Railroad
Commission lies in the chance that u
organized at some time subsequent TO 1872 the date
OF the passage az the Railroad act. and this is ba
lleved 70 be unlikely ana fraught with some Ques-
tons OF legality.
The Rip Van Wrinkle company seems now to be
confronted the hand with the necessity OF
securing from the indignant and aroused property
owners Of The Bronx and the local boards Of the
Westchester County towns and cities consent and
permits build their line and cross streets and
the other hand with a seemingly endless ngttatOn
in the courts the validity OF their charter.
That the inhabitants OF tho districts affected can
hope for an actual beginning Of operations by the
Westchester company in less than five years IL
doubted by many lawyers some OF whom placed
that estimate the time IL would take TO settle
litigation already in sight testified the
recent hearing before the railroad committees OF
the legislature.