New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-03-02
l1TH AVE. RIGHT GOOD
q DELANT WILL SAY.
7 Central Prepared to Fight
Ousting IN Courts.

-.,io, Counsel Delanv will report 70
- Mcclellan that the New-York Central
~ has a valid franchise for its tracks
-,s,res from the Harlem River to Laighi
and that the city may have 10 pay not
- .snrirle but possibly prospective costs
Ills the company 10 depress its tracks.
= .--,srv's position is that the Saxe-Stanley
~ -. he rornplied with and that the ulti-
| o.,,t- of an enforcement Of the law, II II
IS law will be for the city TO condemn
:. .,,nsrys property. The bill has not
- me mayors Office. II is expected this
- TIE mayor viii he compelled 10 keep IT
:. frU period allowed by law-hfteeE days-as
:. ro-,o-ation CounseTs task in reviewing ali
:. rbasss Of the Law involved is one Of the
.-..sasr iobs that has come 10 the Law De-
rsrlncnj in wears.
~ nelsnv has the opinion given about three
=. sgo nv Nr. Rives who oontended that
=. cor1rsny die not seem 10 have valid
,-.,,b,ss and that II could be compelled 70
80 tls streets whenever the city ordered
. Members Of his star who have studied
,,-ious laws authorizing the company's occu-
- n the streets take the view that one
!, ,ssss laws recognized the company's per
,..,sl franchise and made II perfectly valid
I, inks as y the company would as soon as
81. subject reaches the courts. where II is ex-
,s-,s6 n land in about twelve months. try 70
move hat from an engineering point Of view
freight system IN 4 subway along the water
.-ort is an i-npossI hility. and that II the city
insists ~ the company depressing IT'S tracks
,ss company VIII he compelled 70 abandon the
.,rss streets and establish frs system 81 freight
distribution elsewhere.
r IS the possibility that this viii be the out
,--1s nj lezaI battle that makes il difficult for
.ss Corporation Counsel II advise the Mayor
,Ast he car sign the bill. Even n the Mayor
does not sign it the measure is likely 70 be-
core Law. as u looks as II Senator Sake and
Asserbynlan Stanley mad the votes 70 pass IL
sEsin On the Mayors refusal 10 accept It for the
siry So far as Mr.. SAKE and Mr. Stanley are
concerned they fee thar they have met all re-
cuirsnents when they have made the bill law.
Senator SAKE made his campaign largely on the
r-ornise that he would have such 4 law passed
10 swept q heavy Democratic district because
M voters believed that he meant 10 DO what he
promised. There rs an overwhelming sentiment
m the district ~ favor OF having the tracks re-
moved. here is feeling. too. that IL Will be
cheaper for the city 10 get the tracks out OF the
street nov than 70 wait for another decade.
Tie burning question, therefore, is How can
TIE company be disp0ssessed2
Assuming that the bill viii become a law the
'h1g Of most immediate interest is what the
company VIII do 10 block the ciJy's attempt 10
aispossess D.. Il is understood that the company
vii iry % show that uoL only must the city pay
~ The c1rpanys franchise in the streets. but
'hs, u also wil have 20 pay for prospective
losses IN the handling OF freight in this Citv
The Company Is prepared 10 prove Il is said
'hst Il u is compelled 10 vacaJe the streets on
ne West Side Il VIII be a. a great disadvantage
81 trying - compete with its business rivals
iao ms prospective T,eCuniary disadvantage will
have 70 BE- computed into dollars and cents and
allowed on The company s bill OF costs.
Il is understood that the company is willing to
olio 81 elevated system. but this is not salts
factory 10 The Board 9f Estimate and Apportion-
HeiL Il Is about the same as settled that the
mSTa VII not authorize an elevated freight dts
,logtng system on the North River waterfront
NJ any railroad II The city and the company
oec1Ine deadloCked over this point, as seems
f-ooabie, The only Thing that can be definitely
e-llea on l7 long night IN the courts Just
ahs' shape the fghr Will take is not clear. but
'at PROBABILITY is that soon as the city at
Anlls ~ stop the company from operating its
-aTs rs al present there VIII be an appeal 10 the
ours and that every inch OF the legal ground
eia be fought over