New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-03-23
ALDERMEN MUST ACT.
m4NDANUS FROM DICKEY.
Court CompeEs Board to Vote on
Connecting RGiJScay.

Justice Dickey of the Supreme Court, Brook
lyn. handed down decision yesterday grant
ing the application of Walter B. Brown. secre-
tarv Of the Brooklyn Transportation REFORM
League. for a peremptory mandamus COM
handing the Board of Aldermen TO convene and
vote finally on the plans and conclusions ADOPT
ed by the Rapid Transit Commission for the
construction Of a railroad by the New-fork
Connecting Railway compmany. which is to
connect the Long Island Railroad with the
Pennsylvania and New-England lines.
When the case was argued last week before
Justice Dickey, L. Latin Kellogg, on behalf OF
stxty-one aldermen. opposed the granting OF the
rrnanda111us on the ground that Secretary
Brown although a resident and a taxpayer
was not entitled to begin the proceedings JUS
itioe Dickey decided that It is the duty OF the
Board OF Aldermen to act-to do something-to
approve or disapprove. not pigeonhole the ques-
zion. In his decision he says in part:
The construction OF this road would be a con
venience and benefit to many residents OF Brooke
Ign The claim is made that the requirement %
the Rapid Transit act, Section 8. requiring ac-
ton BY the aldermen in four weeks time mas
no application 10 such matters as TINS. 10 MY
mind IL does apply; but, if not, the other Sec
ton, 80, requires them TO approve OF olsap-
prove OF such franchise upon its presentation,
which means within reasonable time AS the
matter has been before the board since July D.
1904 more than eight months that reasonable
time has long since eAplreo Inc SACuSSS AoI
delay are fanciful. pretended. and have no merit
IN view Of the statute requiring early action
Alderman Timothy P. Sullivan, chairman Of
che Committee on Tunnels and Bridges, said
last night that he would obey the court order
He saidi
have great respect for the decisions Of the
Supreme Court and soon as the writ Is served
I VIII summon the committee, and we viii re-
mort the franchise 10 the board for action AS
/ have said many times, I regard the action or
the Transportation Reform League people as
uncailed for, as no one asked US for q hearing on
the franchise. If they had, we would have grant
ed # I have received many letters from people
in Brooklyn sustaining the non-action OF the
committee The writers say that the Pennsyl-
wanna company should not be allowed TO build a
steam railroad on the route projected. What
the aldermen will do with the franchise after it
reaches them viii not venture TO predict
Ez-President swanstrom Of Brooklyn said:
Il the franchise asked for is an improper one
let the aldermen turn II down, but IL on the
other hand, It is a public benefit let them re-
port II TO the board for action. All that the
people Of Brooklyn ask is that they do some
thing. They refused to do anything, and SAID
that they could not be compelled to do any
thing. When We suggested to them that we
would apply 10 the courts for mandamus they
told us that that had been tried before and had
failed The peremptory writ by Justice Dlckey
shows that the people have rights the aldermen
are bound to respect. think the aldermen
will 20 ahkad now and pass the franchise. The
ection OF the court shows them that it is about
time they got through fooling. The Pennsyt-
vania is waiting 10 begin the connecting rail-
road and the delay IS costly one TO the bust
ness interests OF Brooklyn. It is necessary that
the company's projected improvements should
be completed substantially at the same time, so
that the entire system may be put into work.
the franchise asked for the company will go
ahead with its part Of the work