New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-04-17
REMSEN BILL HEARING,
OPPOSED BEFORE MAYOR.
Various Organizations Represented
~ -La7cyers Defend Measure.

The public bearing the Remsen East RIVER
cas fin attracted a fun house 10 the old Council
CHAMBER N me cit. Hail yesterday In Wall Street
there was an advance OF mcre~thsn points IN
Consolidated Gas shares in the FIRST hours trading
q. SO shares changing hands On "Wednesday the
stock declined on the exchange 1s7. but It began
70 advance sharply yesterday. closing at 35S5s
Yesterday morning II advanced by u o'clock 70
ass. Later il reacted TO 3S Brooklyn Union
jumped points.
4 hundred or more. lawyers and others were
present. T.. p. Whitney. OF the West Slice Tax
payers and other associations; Charles Spragne
Smith for the Peoples Institute and Julius Henry
Cohen Of The Citizens Union. spoke against the
hill and John A. Carver and John NJ Bowers
counsel for the gas company. Edgar }. DeNey anu
Francis =. Thurber IN favor OF it.
M Whitney was the first 10 take the floor ne
questioned the good faith Of the companies IN
their promise remove fourteen gas tanks from
Manhattan 70 Queens. The company has a tutlhei
undsr the East River and IS not using H. ne
raid The object Of this bin IS 20 convert what Is
rnerelv license into irrevocabe franchise me
sp1sication is made the legislature and not 20
the city authorities because the city can only give
o franchise for limited term, and the company
desires a franchise in perpetuity-"
lie declared the act o. 1s7i. on which the nrst
rights were given the gas company to build and
Law mains in Long Island City. was unconstitu-
tionai and argued that II the Mayor and the GOV
ernor approve the bill It VIII enectually mar any
assault on that act
interpose q veto that viii be turning point IN the
history Of the city" Mr. whitney continued 'Iney
ask YOU TO inrerpose veto on the brood GROUND
that the tventy-fve-yesr franchise Limitation IN
our charter should be respected 5y the legislature
as well as By the local authorities; that Albany
sbo,ad not give away property without cen
sent end particularly. that Albany should not
give away the most valuable property which We
have-the right in perpetuity 10 our own interests
IF the Of 1871 be constitutional, then there
IS 10 occasion for this fHl-
We ask YOU 20 protect the property of the city
nov as the aldermen protected II In lS3; to pro
tec1 IL net onl, this but on all other occasions
until We can the passage of constitutional
srlendulent that viii secure our chaI1er rights
from violation Albany"
Mr. Cohen spoke briefly IN support OF Mr. Whit
news argument. and announced the policy OF the
Citizens Union 10 he against perpetual franchises
Herman G. friedman, representing the south
Bronx Taxpayers Association, read q bc1e1, IN
which he argued that 10 fail veto the bin would
encourage appeals to Albany TO violate the pro
visions of the charter. and that the gas companies
had violated their contract. which forbade them 10
consolidate or merge their interests He argued
that under the terms Of the Charter act Of 1850
the gas companies must pay the city per cent
OF the gross receipts from all the gas furnished
to buildings. According TO the assertions Of the
companies Mr.. FIiedmann said. the East River
Gas Company could furnish 100000 feet Of gas a
day when the tanks moved 10 Long Island
CITY Assuming. he said. that the amount w''uld
reach 100000 feet = day. one-half the capacity
Of the tanks. within few years. and that The
gas be sold for 81 a thousand feet. the company
should pay the city 5000 day, more than
s. 100000 year II the company offered 20 pay
that amount for the franchise IL asked. the city
should give the franchise, but in should
tho Mayor approve the legislatures action in Civ
Ing the franchise.
1t is reasonably we'll known" he said. that the
removal Of gas manufacture from Manhattan will
not mean the sale Of real estate. in that borough
owned by in the interest of the Consolidated
Gas Company or the abandonment OF that property
for gas purposes: that there viii be abolition Of
the gas house districts substitution of parks. OF
business blocks residences for the gas buildings
Il therefore remains TO be demonstrated Just how
great IN advantage the building OF the plant
Astoria will he to the city OF New-Gork in gen
eral and to the Borough Of Manhattan in partcu-
lar. All who have given this matter any consdera-
tion know that the design Of the present bill is
not so much to confirm the Long Island City fran
chise OF the East River Gas Company as II is to
extend 10 the SUCCESSORS and assigns OF that COM
pany the privileges and franchises attempted 10
he conferred upon that company, but not upon itF
successors and assigns"
J. Aspinwan Hodge, OF the constitutional home
rule committee attacked the honesty Of the gas
companies ana declared mat the BOARD OF hsu-
mate alone should give the franchises asked for
the gas company had evaded the provision which
compels il TO pay per cen If the gross receipts
greatest part Of its product 20 other distribut
Ing companies, which are hampered by no such pro
George r. Morse filed a formal protest against
the ball in behalf Of the Merchants Association.
John A Carver. in defending the bill. declared
that Mr.. whitneys point that the act Of 1871
was unconstitutional was worth answering
Mr. Carver quoted from the corporation law and
decisions Of the Court Of Appeals in support Of his
solidsted companies merging Of certain interests
within their legal rights.
Tell NE" said the Mayor what viii be your
position IN case OF veto Of this hill?'
1T is possible" Mr.. Carver replied that the
adjudication Of the Supreme Court last year
not conclusive rights, and II might be that
every time wanted permit for anything We
should he hauled TO court TO prove our title A
very solid for going TO the legislature is
found I'm the fact that ali the rights the company
owns vera conferred by the legislature and that
seemed TIE place get them confirmed. II also
seemed proper take away any possibilities OF
attack rights in the Improvement which
we contemplate at = cost OF $50 00O.eeo''
Mr. Bowers gave figures 10 show the preparation
FOR the removal OF the tanks from Manhattan and
presented bird's-eye view Of the buildings they
vii look al Astoria. he said the sole purpose OF
the bin was 10 remove the cloud from the title.
The words heirs and assigns" added nothing 20
SIS force and took nothing away from any public
rights
Francis y. T1nurbe- said the bill was necessary
step. ano that it was unfair 10 include it among
graft" ard grab bills
The Mayor closed the hearing after announcing
that he would receive briefs for against the bill
up 70 tomorrow.