The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-03-17
The Power to Hold Tn Franchises.

Two bills were introduced i'm the State
Senate by Senator ELsBERG on Monday
last, the object Of which is TO transfer
the control Of the streets, bridges, tun-
nels, parks docks and all other public
grounds and waters within this city from
the Board OF Aldermen TO the Board Of
Estimate and AppOItionment.
Under the Greater New York Charter
as il exists to-day, the Board of Alder
men has the power to grant franchises
or rights to construct and operate rail-
ways, subject 10 the approval OF the
Board OF Estimate and Apportionment
and after the resolution granting the
franchise comes back from the Board Of
Estimate and AppOrtionment the Board
Of Aldermen has only a limited time
within which it must act.
But the trouble in the existing law
is that no limit Is placed upon the time
within which the Board Of Aldermen, or
a committee thereof, shall proceed to
consider an application after II has
originally been made, and this lack Of
Limitation upon original action il used by
the Board Of Aldermen 10 hold up or
check those who seek to obtain the fran
chise or grant Suppose, for instance,
an application IL made to the Board Of
Aldermen; noTesolution is adopted re.
ferring the petition or application TO a
committee; no day il fixed for a hearing.
or no opportunity is given 10 the com
mlttce to report The committee is not
discharged from the consideration Of the
application, which is allowed to lie in
the hands Of the committee indefinitely.
So numerous applications lie fallow for
months OF years and eventually die in
tho hands Of committee. Long DELAY
Is the rule and not the exception. No
reason is given to the public, to the COM
munity, or to the parties interested in the
grant OF the franchise, and no explanation
is ever vouchsaied Of the failure or neg
lect OF the Board to take action upon
propositions which arc Of the graveat
importance 10 the public and upon
franchises which should az once be
granted in aid Of the public welfare
So when railway company, in answer 10
requests and petitions presented by public
bodies or associations Of individuals
seeks to extend its lines, the question
is referred to the railroad committee.
few sporadic hearings are held, and
then the whole matter Ia allowed 10
slumber or TO die. The Aldermen do
not even cOndesoend 20 give any reason
or reasons for inaction; they do not say
why the franchise prayed for should not
be granted, but they tacitly refuse by
their indifference, and virtually reject
the petition for the franchise.
The local body has therefore ceased
in reference to this broad power. 10 be a
Legislative body. II has become merely,
TO use an expressive phrase Of the dav,
a body to hold up tho corporation or
individuals who seek to extend public
utilities. What il the legislation now
proposed? II il merely this-to amend
the charter and the Rapid Transit act
IN such a way az TO give the real control
OF the streets, bridges, tunnels parks
and docks 10 the Board Of Estimate and
Ap9ortlonment by making the powers
granted 90 the Board Of Aldermen in the
City Charter subject to such control OF
The Board OF Estimate and Apportlon.
ment. Fs..r.,.
The danger Of the existing condition
Of things and lite improperly cannot
he exaggerated, and instances Of hold
ing up by the Board Of Aldermen are
too frequent and too fragrant 10 need
enumeration at this moment Sufioe It
h say that there would seem 10 be but
one remedy, and that IL the immediate
transfer Of the CONTROL over the grant.