The sun., 1906-12-29

Up Tracks Had 10 jump to Save Their
IINrs-Ircight Cars MarOOned on Pier
That j. Cut or Legal Contentious
With the exception Of a brief skirmish early
In the morning between the opposing forces
of the city'- Bureau OF Highways which on
Thursday tor' mp the tracks OF the New
York Central on Twelfth avenue between
Ffty-nuth and Sixtleth streets, and the
New orli Central yardmen. who have been
trying to save the remains OF the tracks,
all was quie; Jt the scene yesterday. Police
men from the West Sixty eighth street
station were on guard To prevent the re-
laying Of the rails.
The s;iuarsl took place at . o'clock
when the mCu OF Supt. Scannell Of the
Highways Bureau started 10 tear out a
switch which connects the main line with
the spur runuing tu the freight house on
the dock a the foot Of Eifty-ninth street.
The gang had the rails up at the switch
and were PUTTING in tho finishing touches
when a heavy freight train came backing
down. The gang foreman didn't believe
that the railroad men would dare TO run
them down and ordered his men TO stay with
the job They chd until the last moment
and then jumped Just in time TO save their
lives. The rear car of the freight ran of
the tracks at the break and pounded along
the ties.
After that there was lively race between
the railroad men and the city employees
to determine whether the latter could make
their breach in the track complete before
the railroad men could get their train back
on the track and cover the switch. Scam
III -, Il
the active hostiIitie| we're over for the day.
The tracks which have been the object OF
the city's attack are three in number and
extend from the New York Central yards at
Sixtieth street on Twelfth avenue to Fifty
ninth street. Two of the tracks, on the east
side of the ayenuC, are used 10 unload cars
at a storage warehouse. The third, and the
real bone of contention, is a spur connecting
the main line with the wharf. This spur is
70 feet long and Supt Scannell has suo-
oeeded in tearing up all the rails and has
rslaid the pavement This latter move,
he says, will prevent the railroad company
from reaying the tracks without a permit
from his department to tear up the pave
ment.
Part of the tracks on the east side Of the
aven ne have also been torn up, but the
yardmaster delayed further action by back
ing down two trains, which now cover the
tracks. Supt. SCunnell says that he il
waiting 10 hear from the Corporation Coun-
sci as to his rights before he proceeds to re-
move or destroy the obstructing cars.
The ruse of backing trains down TO pre-
vent the tracks from being torn up proved
something of a boomerang. The yard
master got his cars in position by asking
Scannell for time 70 pull ont a train that was
marooned on the spur leading to the wharf.
He used the moment of peace 10 shunC
freight trains to the eastern tracks, and
yesterday when the company applied to
Borough President Ahearn for permission TO
move their cars from the wharf they met
with cool reception.
THE city has no ob lection to the removal
OF the cars" said President Ahearn. We
want them out OF the way. If il il necessary
for the company to relay their tracks TO
move the cans, there must first be an agree
ment as TO the subsequent removal OF the
tracks"
When asked if he would order Supr.
Scannel TO destroy the offending cars,
President AheaCn said that no such radical
action would be taken.
Ira A. Place, general counsel and one OF
the vice presidents of the Central, seemed
surprised AT the swiftness with which things
had happened. lie said that the trestle
which has been cut of by the destruction
Of the ~ foot section of track leading to
the main line, had been built a year and a
half ago with the permission of the. Dock
Department, from which the wharf was
leased
when learned that the city denied our
right to the section of track which has been
removed he continued, Il wrote, on No
vember 2S, TO the Board Of Estimate waving
any rights which | believed we had in the
matter and Offering to accept any reason
able terms for the use OF the track. l have
never heard from my letter. and L wish to
get some sort of reply before going fur
ther in the matter.
Corporation Counsel Ellison, when asked
about MIR. PLACES statement, said
The New York Central has waited very
long time lofcre it sought to give validity
TO it's acts OF encroachnent upon the citys
streets. What II IA now seeking 70 do be-
fore the Board OF Estimate it should have
done long ago"
President Ahearn heard late in the after
noon that some Of the railroad officials,
including Mr. Place, might call on him.
IF they do said he, I'm refer them 20
the Corporation Counsel"
Corporation Counsel Ellison said
IF they come 70 me- | II refer them TO the
Borough President
The New York City Railway Company
has been ordered hy Corporation Counsel
Ellison 10 tear UP it- tracks in li5th street
between Broadway and the Harlem River
within twenty days. The company has been
using these ira ckS for a year or more for
switching dead cars Eetween the West Side
lines and the car larns on Seventh avenue.
Mr.. Ellison says that the company's only
right to the street came through a franchise
granted the North End Street Railway Com
Iany years ago The company failed TO
construct a line within FIVE years and its
rights lapsed The company was subse-
quently consolidated with the Fort George
and Eleventh Avenue Railway Company,
which in turn was absorbed by the New
York City Railway Company. hut this in no
way, according 10 the Corporation Counsel,
gave the right % revive the old franchise
for the tracks on l4Sth street.