New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-03-01
CENTRAL PLANS FIGHT.
WILL DEFEND TRACKS,
Points against Sare Bill Made by
City Officials.

Ira A. Place counsel for the New-York Central
Railroad. has informed various members, of the
Board of Estimate and Apportionment that II the
SAKE 11th-ave. bill. which passed by the Sen
ate yesterday, becomes a law the company Will
fight IT. and that ultimately the city will have TO
condemn the franchise properties of the company
at cost approximately of $lOo0ooOoO. Senator
SAKE estimates that the cost of removing the tracks
will not exceed s6,O0O0Oo. The estimates far
enough apart to afford a field for all sorts of
speculation to the fight that the company will
make before surrendering It's advantage on the
west side of the city.
There is doubt whatever that at the first prac
teal move by the city to remove the tracks in
junction will be served Then will begin weary
fight that will go to the United States Supreme
Court and last not less than six years.
Mayor Mcclellan is in favor of taking the tracks
off thave. but it is not at all certain that he will
sign the SAKE bill Nelson p. Lewis. chief engineer
of the Board of Estimate and Apportionment. made
a report on the bill some time ago. and the Mayor
has his memorandum his desk. Briefly Mr..
Lewis finds follows:
That the SAKE bill does not explicitly give the
place the tracks Of the company under ground.
Ihat the bin does not expressly state that the
proposed subway for the tracks shall be built at
the re. expense ems @. of the company.
pipes, in that companies occupying the streets
shall H. have free use Of the pipe galleries TO be built
Empire Subway Company. which now has mo-
nopoly OF underground wiring in this city. to oc-
city anything for the privilege
Mr. Lewis raises other points. but these are the
leading ones. He has consulted with the engi-
neers Of the Rapid Transit Commission and has
discovered that the plans of the commission con-
template the building of passenger subways on
the West Side and that south of Gansevoort-st
the passenger subways would interfere with the
building of the Centrals proposed subway
suming that that corporation finally will be
PEELED TO build a subway Mr. Lewis thinks he
sees a way out If the Central should decide to be-
come a bidder for West Side subway and allow
the transportation of freight in certain hours Of
the night
The Bureau of Franchises in the Finance De-
partment is giving the Elsberg bill careful scru-
tiny, and Mr. Nichols. head of the bureau said
yesterday that IT looked the Sake bill failed
10 safeguard the citys interests with reference to
pipe galleries. He is preparing report for Con-
troller Metz. who will have something say as
soon the bill reaches the City Hail.
1t that the trainers Of the SAKE BILL In
order to cover the pipe gallery feature. used
ton of the Rapid Transit act. The Elsberg BILL
which amends the Rapid Transit act. used this
section. but added provisions which cover
the pipe gallery problem. The addition contained
In the Elsberg bill is follows:
Nothing in this section or contained in the act
hereby amended shall be construed as granting,
any right privilege or franchise or anv Gained or
alleged right privilege or franchise. to maintain.
ductors. or any conduts conductors for trans
nue.. highway or public place in such city.
The Central is occupying the streets under
ordinance passed by the Common Council approved
on May g. 1S47 This supplemented by an agree
ment between Mayor William V. Brady and Presi-
dent William Chamberlain of the Hudson River
Railroad. The agreement sets forth that the d.
rectors of the company may locate their railroad
any of the avenues of the city of New
York westerly OF and including shave. and on or
Of nd he OP +ba
corporation of said city has first been obtained for
such location"
One of the clauses OF the old agreement is as
follows:
And 0he company will at all times be subject
fence of public travel through such streets and
So, q , aeTie 80 nS Haiu as the
luton ordinance, direct.
It is the contention of the city that the COM
pany has valid franchise for its surface tracks
and that. If it ever had such franchise it expired
in 1897. fifty years from the date of the Brady
Chamberlain agreement. Whether that is true or
not there doubt whatever that it is going To-.
be difficult task to compel the company to va
cate. A tremendous business has been built up on
the West Side, adjacent to the freight distributing
facilities OF the Central. and It can go into court
with plausible case in defence Of its alleged
rights
The engineers of the Rapid Transit Commission
say that. while 1t might be feasible to build q
passenger subway along 11th-ave. below the tide
water line. it would be far more expensive to build
freight distributing system there as at every
turnout toward the river the tracks would have TO
be built in a caisson
The company is willing 10 build an elevated
structure. but this the city objects Mayor Nc
CIean said yesterday that # was doubtful about
the company getting the city's consent to build
an elevated line, as 1t savored too strongly of the
old West-st. elevated scheme which has no friends
outside the offices of the promoters.
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