New-York tribune., 1906-10-31
WORK OF MR. SAKE.
CentraPs Interests Not Helped by
"Death AUenue" Bill, Lascyer Says.

To the Editor Of The Tribune.
Sir: Ny attention has been called to a circu-
lar which Is being distributed broadcast In the
Senate district in which Senator Martin SAKE is
now a candidate for reelection. accusing Senator
SAKE of having worked in the interests of the
New York Central in procuring the passage Of the
Death Avenue" bill (Chapter 109, of the Laws of
lso6), the act providing for the removal of the
face tracks Of the New York Central in Eleventh
avenue The circular contains number of grossly
false statements. which. in common justice to
Senator Sake. should reeive reply.
The Death Avenue" BILL which Senator SAKE
introduced and which passed mainly by his
strenuous efforts in the Legislature. prepared
at the instance of a committee, of which the Rev
Father John P. Chadwick chairman. and of
which myself counsel. Senator SAKE had
nothing to do with the drafting of the bill So
much was said at the time of its passage regard
ing its provisions that very brief statement must
suffice here This law authorizes and requires the
Rapid Transit Commissioners to prepare plan
for the building of a subway by the Central Rail-
road, at its own expense under its present tracks
or under such other tracks the commissioners
may specify. and for the removal of the surface
tracks of the road and the surrender of all present
rights which the road has TO maintain a surface
steam railroad in Manhattan. The Board of Rapid
Transit Commissioners is to provide the terms.
dtions and duration of the subway franchise in this
proposed plan, and the plan itself shall not take
effect until approved by the Board of Estimate.
Unless some plan is reached agreeable to the Board
of Estimate, the railroad and the Rapid Transit
Commissioners before March 26. 19O7-that is, a year
from the time the act takes effectthe Corporation
Counsel is directed main ntan condemnation pro-
ceedings cause the removal of the present tracks
payment to the railroad of the compensation. IL
any, to which 1t may be entitled
The bill does not validate any invalid franchise
of the railroad 1t does not give any additional
franchise to the railroad in subway except
terms satisfactory TO the Board of Estimate and
the Rapid Transit Commissioners. The statement
sertions coupled with it absolutely without
foundation in fact. No plan has been reached be-
tween the railroad and the commissioners, and the
railroad has strenuouSly insisted both Albany
and before the Mayor, that il can not and will
build subway SO that unless the railroad sue
bill amended or repealed, the condemnation of
their steam railroad surface franchise in Manhattan
will begin in 1907. The railroad bitterly opposed
the act which Senator SAKE champiOned before the
Senaet, where 1t produ ced trainload of feed
merchants and other business interests with their
by its chief counsel II opposed the bill before
the Mayor raising constitutional objections which
there met by number of lawyers who ap-
peared support of the bill in behalf of public
bodies. The railroad filed a thirty page printed
brief in opposition to the bill before the Governor:
but in spite of these efforts the bill became law.
This coming session of the Legislature is. of
course a critical year this Eleventh avenue mat
ter. and it goes without saying that the railroad
desires the defeat Of Senator SAKE, who would be-
If reelected, the strongest obstacle to the repeal
of this law.
very difficult public service in procuring the pas
sage of this act, and deserves public approval
what he has done. GEORGE W. ALGER.
New York City Oct 30. 1906