New-York tribune., 1906-11-28
CITY CLAIMS HELD UP.
ACTIONS FOR 81 100000.
Ellison Replies to Criticism by City
Club and "Cits."

CorDoratfon Counsel Ellison said yesterday
that 81 800 600 in city claims against the various
street railroad corporations was being held up
an agreement made by Corporation Counsel
George L. Rives with the roads. The agreement
was not to press any actions until after the
final decision in actions then pending before
Michael II. Cordozo as referee. The contract Is
dated May g. 1908, and is on hle In the County
Clerks Office The actions referred to IN 1t are
mostly paving claims.
After recitng the facts concerning the many
claims Of this sort against the companies. the
contract says:
1t is hereby stipulated and agreed that the
above named actions, and such others as may
hereafter be selected, be referred to Michael H.
Cardozo, Esq, hear and determine the issues
therein, and that all further proceedings in all
the other actions now pending which may
hereafter be brought, except the service of sum-
| mons and notice Of appearance therein, between
the City of New York. and the metropolitan
Street Railway Company, the 1nterurban street
Railway Company or the Allied Railroad Com
panies or their systems, relating to paving mat
ters, be and the same are nerepy stayed st ultti
after the final decision In the actions reIerreu
to a referee, as above. in the Court OF Appeals
in any court whose decision is accepted by
the parties hereto final, and the entry OF
Judgment thereon.
on May &c, 1906 Mr.. Ellison says, thrty-slx
actions for paving claims were pending between
the city and the railway companies. The order
signed and filed that day referred all these
claims to Cardoza, who has since died Hamilton
the actions are now in his hands
After reading the agreement holding up the
| cases. Mr.. Ellison said:
It is obvious that this stipulation is sufficient
ly broad IN It's terms to prevent the Corporation
Counsel from proceeding in any claim OF TINS
until the final deteruination of the actions now
pending before Mr.. Odell. These actions VIII be
| argued In December. and, In the event OF an ap.
peal, will be vigorously and earnestly pressed
to final determination.
The City Club. the Citizens Union and other
organizations have been prodding the Corpora
ton Counsers office under the administrations
OF both Deany and Ellison for not pushing the
claims OF the city against street railway COM
claims settled, and Rives. Delanys predecessor,
explained that he did his best to get the COM
|.;cg Corporation m Counsel Ellison said yesterday
that his attention had been called TO criticisms
emanating from the bureau Of city betterment
of the Citizens Union about the failure OF his
Office to collect the paving claims.
"The bureau" said Mr.. Ellison. calls atten-
ton to it's own careful and laborious examina-
ton made in June. have also a pamphlet
of this bureau making an extended report on the
subject"
Saturday, attacking Borough President Ahearn's
administration, also contained something about
There are one or two pertinent facts with
spect to this litigation" continued Mr.. Ellison,
which seem to have been overlooked by the
bureau in its researches. Immediately on as
Stunning the duties of the Office. had an inves-
tigation made of all actions and claims the city
had against the street railway companies for
paving claims and found that Immediately after
the agreement by Rives, the city put In Its evil
dence and filed it's brief and after considerable
delay brief for the defendant was submitted.
Recently, at hearing before Hamilton Odell,
date was set in December for argument before
him of these cases and a filing of briefs, the
refereee refusing to accede to the earnest re-
quest Of representatives from this office to set
an earlier date, by reason of the fact that the
attorney for the defendants who appeared on
| the previous hearings. is now absent in Europe.
and is not expected to return before the middle
of December. During the last year actions have
been begun in similar claims by the service Of
more than one hundred summonses. but no fur
| ther proceedings have been taken"
Mr.. Ellison said he intended fully to prosecute
every claim the city has against the companies,
not only those for paving. but claims for per-
centage Of earnings. license fees and fran