New-York tribune., 1905-11-28
CITY CLUB ON WARPATH.
Calls Mayors attention to Continu-
ance of L. I. Tunnel Work.

The City Club is again on the warpath after
August Belmont. Some time ago the City
Club induced Mayor Mcclellan and President
Ahearn to revoke the permit of the New-York
and Long Island Railroad Company. which is
digging a tunnel under the East River between
42d-st- and Long Island City. The work in and
under the street stopped. but the company
went ahead with the work on its own private
property. Now. Lawrence WELLER. secretary Of
the City Club says that perhaps the Belmont
people are violating the order OF President
Ahearn revoking the permit to work under
42d-st., and he wants the Mayor to find out
about it. His letter to the Mayor is fol-
lows:
On September Is 1 addressed a communica-
ton to you on behalf of the trustees Of the City
Club, calling your attention to what appeared
to be unlawful invasion Of the property
rights and interests of the city OF New York
by the construction on the part Of the so-called
New-York and Long Island Railroad Com
pany of a projected tunnel railroad from Long
Island City underneath the East River to and
under 42d-st., in the Borough of Manhattan.
After reciting the facts in connection with the
construction of this tunnel and the serious Ques
tion that existed to the validity OF this COM
pany's franchise, I suggested that it was the
duty OF the city of New York not only to with
hold permits for the opening Of the streets, but
also to take affirmative steps to prevent the
construction of this tunnel unless the courts
should determine that it's construction was law
full; and suggested further that you, as the off,
cial protector Of the city's interests, after
thorough investigation OF this matter, should
take such action would prevent the further
construction Of this tunnel and railroad.
with great pronptness and energy your part,
Immediately upon the receipt OF my letter you
requested the Borough President Of Manhattan
to revoke the permit which had been granted to
this company for the opening of 4Id-st. and you
also referred the matter to the Corporation
Counsel for his opinion as to the legal questions
involved Almost Immediately thereafter the
permit was revoked by Borough President
Ahearn.
on the part Of Borough President Ahearn, the
work this tunnel has gone steadily forward
practically without interruption since that time,
and it has been a matter Of common knoWIedge
that the work has been carried on under 42d-st
for some time and with all possible dispatch In
confirmation Of this statement, inclose for your
consideration clipping from 1.-THE New-York
Tines of November "a describing an explosion
in this tunnel, which occurred on November Is,
and in which 1t is stated that fifteen workrnen
were injured
respectfully submit that the time has come
when the city of New-York should act and
should act effectively in this matter. Either this
company has or has not valid franchise to
construct this tunnel ana al ralF9aa uloeF he the
opinion that 1t has not valid FRANCHISE, and
assume that that opinion is shared by you, or
you would not have requested the Borough
President to revoke the permit, as you did IN
+ is inconceivable that the city Of New-York
should not have power to prevent the further
construction of this tunnel until the question
OF the validity Of this franchise has been set
tied by the courts. We would urge therefore,
that you Immediately have an investigation
made to determine officially whether the work
is progressing under 42d-sr., and If so. to what
extent If there is any difficulty in obtaining
access to the private property on which the
shaft is located for the purpose Of inspecting
This work I would respectfully suggest that,
under the provisions of Section 1.1S8 OF the
charter the officers of the Board of Health
have full power to enter upon these premises
and to make such inspections you may direct.
would ask your immediate attention to this
matter, that the question at issue may be
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