New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-09-20
PROTECTION FOR AID ST.
TUNNEL PERMIT RETOKED
Borough President Takes Back
Grant to n. Y. and L. [. r. r. Co.

The permit issued 10 the New-York and Long
Island Railroad Company to open 42d-st- to
connect with the old Steinway tunnel was re-
voked yesterday by Borough President Ahearn
This action o. the Borough President was taken
At the instance Of Mayor Mcclellan, after the
Mayor had received a letter from the City
Club. setting forth various reasons why the
franchise should be revoked. In his reply 70
Lawrence WELLER, secretary of the City Club in
explanation of his attitude toward the Stein
way tunnel scheme. Mayor Mcclellan says:
Following orr conversation Of yesterday, ad-
dressed letter to the President OF the Borough O.
Referring 10 your statement me in reference
70 the protest fled against the granting OF a pes
NIT 10 the New-York and Long Island Ra IAN
COMPANY open 42d-st- at the East River for the
purpose of sinking a shaft for tunneling' regret
The objections urged against the validity Of the
ons-7n any event [ney are a nstTeT NAV nos
therefore urge yoU strongly that the only SAFE
course will be to revoke the permit already granted
'sT@he entire matter should be submitted for the
consideration Of the Corporation Counsel ana nc
permit granted unless he advises mat TIE city mas
kindly inform ne promptly OF your further &C
am in receipt to-day of a letter from the Bor-
ough President, which quote Tor your nhorrnd-
4 hasten to acknowledge receipt Of yours Of the
To4 and 5e Io9 ISland BaiToad Company to open
sinking a shaft for tunnelling I heartily agree
with your statement that the oo1ectons Qrgsd
against the validity Of the franchise appear 70 be
sssrioIjs and accordingly. have this day revoked
eoTnnTnication with the Corporation Counsel and
await his advice IN the matter
In his letter TO Mayor Mcclellan. Mr.. Weller
pointed out that IN July and August the rail-
mad company started the construction of the
snronosed tunnel railroad at three points, sink
sng 8. shaft in the East River beside Ntan-o'-War
Reef, IN Long Island City at 4th-st and the
1-ast River and in Manhattan at 42d-st- Mr..
Weller continued;
IL the promoters Of this enterprise permitted
60 proceed with and consuInmate their undertak-
ms Is re courts there viii be fosted upon the
scity OF New-York and its inhabitants tunnel rail-
road under important thoroughfares of the city
possessing the following extraordinary privileges
F1rst-A franchise owned and controlled by pri-
waite interests which viii be perpetual In onrauon.
,sb+eet degree be subject 10 the control or super
vision OF the Rapid Transit Commissioners OF New
Third-The city will be absolutely without power
% unit me T o 81 IMITATION on the tight of its
owners TO exact from passengers what rates OF
the General Railroad Law d1aws Of 1890 CHAPTER
b sections 81 and @ With EesPeG = the sane Ak
ing the rates OF fare al three cents for each nne
ise5 tTat srb rates Of fare will net the company
= profit of at least 10 per cent the capital aetu-
FourTbIThe said railroad will be in no way. obi
gated TO furnish TO passengers transfer -
Fifth@Bv way Of compensation to the city for
these ex1raordinarv privileges the railroad COM
PAW viii be obliged to pay absolutely nothing az
for so much Of the railroad as Is proJecIea IN IoLs
Island City; Oh it will have TO pay noln
Ing TO either the State the city for SO Inuch OF
lis route as runs in tunnel in the East River ana
for its occupancy of lands underneath the tldSS
railroad as viii traverse 42dst in the Borough OF
Manhattan the company will be obliged. TO pay
Ter cent of its annual gross receipts derived from
that portion of the railroad -, -. - No.
Si-th-Without P. grant from the city OF Ne ~
oTlz and without the payment of one cent into IT'S
fraa s1lrv but on the contrary through a preIenH-
Land Office OF the stare maze 70 ny u 800
T1ne q 1865 absolutely in derogaton OF me prop
@3E1. See Section So to S.. incusive), this COM
osnv will be permitted during the ne4L t"o yes
70 oec1lpV q reef of rocks known as Man OF war
Reef situated in the Tnlddle OF te 5aSI L.-
alongside which II has already erected Slaglns
end platform and begun the snElng OF q sI-L al
aid the construction o. US pIoPCseI 60
road The acquiescence of the city IN TINS qGc4-
pancy II is 70 be noted creates d PttLT nv,
If followed. would result IN an
the city of its property IlSLlgs 70 da,52 - H.
various waterways within ana slTrouldns tn nm
its the city, with resu! losS no.
+6o11ranSs and thousands Of dollars TO the CITY
hut also to the prejudice and oeJrlrlent OF me ciTg
control over commerce IlaNlgeSloh anu
F,e+veen the various portions OF The city.
It will be remembered that al me !ast SESSION. 81
4e legislature several bills were introduces colL
<aSSe6v in the interest of this company Tor ole
purpose rennedying. SO lar as IlaI CoIq 4s az
nv legislative enactment aCF-o'ioosSs LesS
Sss.+e in the companys charter ana FRANCHISES;
~l9is legislation denounced Dy the PRESS atIu
o1vosed bv the Rapid Transit COMMISSION a4Io ~
~ rf4T sufhorties and. as result OF thaI oppo-
sftfon failed of passage with lle reII LleI 1
e The legislative relief sought was Obtained Inc
OF enS 5e7-aIonn1ents indicate that the company
bas changed its position, ana now cIdIIns ina
Notwithstanding IT'S failure TO secure leg1slatlQ
d. ~5ehfs and franchises are still alive and valid
Onosr -a cifv Of Nevv-York not only withhold
-.s+e TerTnfrfine the construction OF this rail-
oaE buf 10 take Affirmative steps 70 prevent us
construction, unless the courts oe'eiillilo 'ii 10
q 4el ! T1rSTr