New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-05-25
WESTCHESTER ROAD WINS
LINE TO BE BUILT.
Stumpf's Application for Forfeiture
of Charter Denied.
10y TELEGRAPH TO THE rR1nrxrl

Albany May 24-The New-York. Westchester
and Boston Railroad gained victory to-day
when Attorney General Mayer denied the appli-
cation made by Anthony Stumpf a stocknoIder
IN the New-York and Port Chester Railroad,
through his attorneys, Professor Charles A. Col
lin and Samuel Untermyer asking that action
be brought in the name of the State TO obtain a
Judgment that the New-York Westchester and
Boston Railroad never existed and never &C
CURED the right, privilege or franchise to con-
struct, operate or maintain a railroad. The
Westchester railroad was represented by Will
Jam Z. Hornblower and Edward Lauterbach
The case at issue mas been before the public in
various phases for number of years. during
which the Westchester has never acted on it's
franchise. while the Port Chester. possessing all
other necessary consents. has been held up by
the Board of Aldermen. The charge has been
reiterated that the Westchester was legally dead
and this opinion was written for the Port Ches-
ter company recently by ex-Chief Justice Alton
B Parker
The Attorney Generals opinion is extensive
and recites the long history of the Westchester
companys existence, covering thrty-three years
the receivership and finally, the public auction
IN 1881 The Attorney General expresses the
opinion that a result of the conduct of the
affairs Of the corporation 1t is now clearly out
OF existence for various noncompliance with
passed by the legislature in 1893 for this pur-
pose. This special act, which, it may be noted
was characterized at the time as a vicious
grab" was introduced by Senator Grady OPP
posed by civic bodies and finally passed. The
Attorney General declares, in answer to the
charge, that the Legislature has the power to
revive corporation and that no precedent of
this has been cited. AS to the question Of the wise
public policy involved in such revival of the
dead, he points that this question is one
that the legislature must settle. Therefore he
concludes. 1t is not necessary for me TO deter
mine whether the contention of the applicant or
The respondent is correct: it is enough that the
position Of the respondent company is legally
strong ana based upon substantial legal PROPOSE
tions."
The Attorney General further emphasizes the
existing controversy between the Westminster
and Port Chester companies. points out that the
local authorities have the power to deal with
these companies by granting or Withholding con-
sent 10 cross streets: that the land owners
whose property may be taken by condemnation
proceedings have right to resist such con-
cemnauon in the courts; indicates that he must
assume that the cor0oratlon is one DESTROYS of
acting IN good faith and that, therefore, such an
action as Is asked for might result in the de-
structlon Of a proposed railroad concededly
greatly needed; that it might be unsuccessful
and Yet so destroy the company defending this
suit that il would cease TO exist and have no
remedy. and finally declares that such contest
involving the issue between two railroad cor
porations is not one that should he followed
without the Intervention Of the State. There
fore, he declines TO settle the fight or interfere
IN the battle, believing that the Westchester
company has substantial legal grounds for the
contention that IL is a valid corporation, clothed
with attendant corporate rights.
The signing by the Governor of the bill TAX
ing away from the aldermen their power on
franchises which they have employed for several
years TO prevent the Port Chester from enter
Ing NeW-lork City, although il has every other
necessary consent including the certificate of
the Railroad Commission. will, ii is believed
materially change the situation in this contest
DICK * Robinson, with the attorneys for the
WesJChester company. made a statement soon
after the decision was announced declaring that
the actual work of construction would begin on
June - and that State officials and local officers
would all be invited to see the Westminster COM
pany actually beginning operations after thirty
three years Of somnolence. The construction
work is 10 begin. so the statement announces in
several places within the city limits William
Barclay Parsons is to pass all plans of the
company. The statement enumerates the bene-
fits 10 be received by the people Of Westminster
County and announces the good faith of the
company.