New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-05-10
NAY BLOCK NEW SUBWAY.
ALDERMEN VINDICTIVE.
Moneyed Interests Said To BE BocE
of Test of ELsberg Bill.

In order TO make it perfectly plain that II
ought to be abolished. the leaders of the Board
Of Aldermen have decided TO try to block the
granting of any and all franchises by carrying
TO the United States Supreme Court an action
20 determine the constitutionslity Of the Els
berg bill. which transferred to the Board OF Es-
innate and Apportionment the power OF con-
senting TO the granting of franchises.
This bin is now before Governor Higgins. 1t
is expected that he will sign it. 1t was said
yesterday by Alderman Reginald S. Doull that
various members of the board had retained l..
Latin Kellogg and ex-Judge John F. Dillon
for the purpose of bringing an injunction pro-
ceeding against the Board of Estimate and APP
portionment soon as il attempts TO exercise
the power conferred upon it by the Elsberg DILL
The aldermen assume that the bill will become
law.
The Rapid Transit Commission on Friday ex-
poets to dispose Of the question of the location
Of subway routes These are comprehensive
and are designed 10 provide the city with rapid
transit facilities for years. After these routes
are decided on officially by the commission they
must, before they are to be considered as ac-
cepted by the city. receive the approval Of the
aldermen II the aldermen should act with the
greatest possible dispatch they might be able to
DISPOSE of these routes before Governor Higgins
signs the Eisberg bill. 1t is not expected, now
ever. that they will do anything Of the kind
As soon as the Elsberg bill becomes law the
coosentjng power viii be the Board of Estimate
and Apportionment AS soon as this board at
+sronts TO do what the aldermen now have the
,,ovrer TO do Messrs. Sullivan. Mccall and Doull.
through their counsel. Will begin their threat
ehed ''hold-up.''
II was said yesterday at the City Hall that
the obstructive tactics of the aldermen were
nr-onnnted by certain interests which will profit
bv non-action for the next three or four years In
the manning OF further subways. 1t also was said
that Messrs Sullivan, Doull and Mccall would
not have 10 be responsible for the counsel fees
incurred in q prolonged litigation OF the nature
threatened but that certain interests would
cheerfllllv furnish the ''snewS OF war.
Along with other gossip that hoated around
the CITY Hall yesterday was the statement that
If the Rapid Transit Commission couid see
its way clear to authorizing the building OF
additional elevated tracks in 2d-ave. then the
obstructive aldermen, feeling that the interests
of their constituents had been fully protected,
would withdraw their suit to test the constitu-
tionality Of the Elsberg bill Out OF all the gos-
sip and the chickering's one thing is becoming
plain. and that is that certain aldermen feell1lg
that the changed law will adversely affect their
fortunes are ready TO accept any sort of assist
ance in compelling recognition Of what they as
sert are their inalienable rights
Judge Dillons main contention in his argu-
nent before the Mayor was that the Elsberg bill
was unconstitutional in that ii deprived the al
dermen of certain statutory powers which the
charter and the State constitution contemplated
should run with them until they finish the terms
for which they were elected.