New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-03-23
MANDAMUSED ALDERMEN.

The naandamus issued by Justice Dickey
commanding the Board Of Aldermen TO take ac-
ton on the New-York Connecting Railway
Conpany's application for a franchise amounts
TO a Judicial determination that the aldermen
have been for months fagrantly disregarding
the law and neglecting their duty. Little
Tim" with that jaunty superiority to law
which becomes the Tammany district leader.
has seemed TO think sufficient answer TO all
complaints was furnished by personal abuse
Of the compliments and declarations that no.
body else wanted action. The chief point at
issue. however. Is not the merit of the applica-
ton, or the motives Of those who urge ac-
ton, or the extent Of public sentiment favora-
bic or adverse TO the franchise. The matter
of moment is the attention to duty Of the alder
men and the fitness they display to transact an
important branch Of the public business.
Neglect OF duty may be as harmful as posi-
tive bad action, and If it were true that
public attention had been directed to this ex-
ample Of aIdermanic ineficency by the appl-
cant for the franchise that would be no excuse
for the aldermen. We do not know why the
company or anybody in it's behalf should not
call attention 10 official neglect or lawlessness
affecting its interest. as a matter OF fact, the
dereliction Of the aldermen was taken I'D for
discussion by public spirited citizens, rather to
the detriment of the company, which might
nave noped IN que season 10 convince Little
Tim" Of the propriety OF its application. while
now 1t is not difficult to read between the lines
of Little Tins" comment on the mandamus
I'VE will act ali right-but just what action
we will take remains TO be SEEN" the fate Of
the petition as the result Of the agitation No
body questions that it is within the right of the
aldermen 10 grant withhold the franchise.
The effort has been to get them TO act at ALL
II they can keep applicants indefinitely on the
tenterhooks they win have in their hands a
powerful instrument for blackmail The law
distinctly requires them 10 act within a definite
end brief space of time after the filing of an
application. When they do this a franchise
stands fair chance OF being treated on its
merits. A wanton rejection Will arouse public
opinion and provoke inconvenient inquiry as
TO motives. In this particular case forced de.
cision is likely 70 result in angry rejection But
tbs loss of the Connecting Railway Compan '
will be a sacrifice TO principle. The develop.
nent Of New-York IN the next few years viii
call for the consideration of q vast number q,
franchises, ana IL is necessary for the public
s welfare that the hold-up custom be abolished
The spirit shown by the Board OF Aldermen
in obeying Justice Diekey's order VIII go faI
10 form public opinion on the proposal to take
from the board the power cf passing on fran
cfises and TO vest that authority in some body
with q higher sense of its responsibility, lik'
the Board of Estimate and Apportionment. L
we must choose between indefinite hold-ups and
spite actions on the part Of the aldermen. theI
the quicker deprive them Of the power Z
interfere with the growth Of the metropolis th'