The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-06-09
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Tts ltsaFd N Esii6fals stilHa vpfetffv
a. q e8faguifgss a ths whuta. frar'ically
ae,adai that n ika New Yofk feisphuas
COMPANY Would atk tn ciiy hBf \ featias
irsnehlss ard rav a,ieuut's COMPENSATION
ios " aed In Ad,htlun ssHls ~ ~ claifns
u tho dsy fos the lack reaisIs NJ sbe wits
snbwava n would ~ p~miiigi IA cuniiniis
NJ bhdnass witho,H eompetltlpn
Tho New YofA f~slepkone toatany hss
alfcady Ibtlma'ed that " would aafss TO
anppt condltlons ~ tbs character N NJ
duplication N tho Telephone ssrvics IN tia
city were permitted
This WIS tho resolution adoTfel
Rssoirsd. That che Ses York Telsphons
Company be and u " hereby requested 10
submit io this board within thifty days q
petition IN writing. dily verified. praying for
the consent oi The local authorities for n ffan-
chise or right for the privileges which II now
enjoys throughout the tlty OF View YORK.,
together viii On instrument In writing, duly
executed by No president and secretary on
behalf Of said company. wherein said com
pany shall state the terms and conditions
tpon VII itch II IL willing 20 accept such fran.
ohtse, right or privilege. with an additional
provlso 10 the eject that 1t shall confess judg.
ment In the proceedings Instituted by the
city and row pending entitled The Guy OF
New York ara inst Empire city subway Com
pany. Limited. = and agree that the city OF
New York shall have the right 10 enter into
possession Of the subways. condults and ducts
controlled by the defendant In the aforesaid
action, and II shall. subject 10 any valid mort
cages or liens then thereon outstanding not
exceeding so per cent OF the actual cost Of
such subways and by leases and contracts
then existing for the use thereof, forfeit its
interests is said subwsys. conduits and ducts
and quietly and peAceably surrender posses
sion thereof to tho city Of New York, who
ther eater shall own and hold th Q same.
Another resolution passed by tbs board
provided that 10 action should be talen
on the application Of the Atlantic company
until the thirty days grace given to ths
New York company had expired. Ever
should the New York company, which has
been working without q franchise, but
has been able TO operate its system because
Of its control Of the Empire City Subway
Company, refuse to respond to tbs invita-
ton of the Board of Estimate to apply for a
a separate franchise, nothing can bs dons
with reference to the Atlantic company's
application until the fall
The Board Of Estimate will adjourn on
July Q until September II, and the thirty
days run over the last summer meeting
of the board.
Before the board went into committee
the officials Of the Atlantic company APP
pealed 10 the board to act Immediately.
But Mt the executiv We session Mayor Mo-
Clellan and other members stated that they
we're not prepared to vote on SO i'm pOrtant
a matter without tho most careful consider
alton.
When the decision Of the committees
was made known the officials Of the Atlantic
company issued a staten emit through their
counsel, Martin w. Littleton, charging the
city with using thsm practically as q cats
paw to bring the New York company to
terms and making this threat: IF the city
attempts to enter into any agreement
with the New York Telephone Company
by which that company is to be given q
monopoly Of the telephone trade OF New York
city in consideration OF some pittanos
which it shall pay to the city, an injunction
will be served upon the city OF New York
to prevent it from violating the monopoly
laws of the State Of New York, which abb
solutely prohibit 1t from entering into any
contract or agreement which givesa monop-
oily OF the trade Of New York city 10 one
company
Among other statements made by MIR.
Littleton were these:
We appealed to the city OF New York In
rood faith to grant us O franchise and we
intended to pay for 1t. We do not think
that our appeal, made In good faith, should
now be used to compel the New York Tele-
phone Company to do simple justice. and
when that has been done. drive Us out, tsnd
us forth empty handed, with the expenditure
of our money and thu efforts We have made
all gone for nothing.
We were promised hat We would not be
used as q club. II the action of the board
to-day means anything, It means that We will
be used as q club. and like all clubs when their
purpose IL accomplished, we are TO be thrown
aside and 70 for nothing. Our application
has been before the city for two years. We
have followed every procedure, We have
been obedient to every rule, We have COM
piled with every condition. We have been
at every meeting. We have sought no
devious ways. We have not attem pied to
get into New York city except by paying
our way under the Charter.
II il O late hour to discover that the New
York Telephone Company could pay for the
privileges which IL enjoys. and 1t will be q
later hour when 1t can by paying for such
privileges under the laws Of the State OF New
York pay for such q monopoly,