New-York tribune., 1906-04-26
ASTOk LAND WANTED.
COMBINATION SOUGHT.
Estate disks Proof of Existence of
WeStchester Roads Charter.

The New York, Westchester and Boston Rail-
way Company, failing to negotiate for the pur-
chase Of a right of way across land owned by
the William Astor estate in The Bronx attempt
cd to acquire the right Of way through con-
uemnation The Astor estate, through Carter,
Aedyard & Milburn, representing James R.
Roosevelt. Robert H. NJ Ferguson and Douglas
Robinson trustees. has begun litigation to COM
pei the company to prove the existence of
valid charter. The attorneys for the Astor
estate deny that the Westchester and Boston
company is railroad corporation or that It has
any power to acquire by condemnation any real
estate or property. They allege that the plaintiff
is not a corporation. that it never has been duly
Incorporated under the laws of the state that it
has none Of the powers of a corporation con-
ferred under the laws of this state and has no
right or power TO condemn land or a right of
way. II also is alleged that the Westchester
company went into the hands Of a permanent re-
ceiver, and that all it's property was sold to
William F. Van Pelt. who afterward turned over
the property TO a new corporation. the East
River and Connecticut Railway Company and
that the latter company has no valid franchise,
having never begun the construction of a rail-
road.
William c. GOtshal, president of the Port
Chester Railroad Company whose application
for franchise covers substantially the same
ton Company, said yesterday that the West
chester had gone as far as it could go unless it
succeeded in getting passed the bill vetoed by
Governor Higgins q year ago. Senator Grady
February 90 of this year introduced bill
entitled "An act to amend the code of civil pro-
cedure in relation to proceedings for the con-
demnation of real property" Mr.. GotshaH said
yesterday:
Tbs Grady bill is the same bin that Governor
Higgins vetoed year ago. The Governor SAID
that il a dangerous bill and of doubtful
constitutionality. 1t intended solely for
the purpose of permitting the WeStcheSter COM
pany to seize and hold lands that II cannot reg
uarly condemn Without such a bill the COM
pany cannot go ahead with its work. The ac-
ton of the trustees Of the Astor estate will
compel the Westchester company 10 go into
court and prove its legal existence and that it
cannot do.
The Port Chester company. now that the Court
of Appeals has decided that the law taking
away from the aldermen the power OF consent
is proper, will ask the Board of Estimate and
Apportionment for a franchise. The board has
passed on all the financial features, and was
waiting merely for the decision handed down
yesterday before giving a franchise. We
chise. 1 do not think ii will be possible for the
aldermen TO appeal their 10 the United
States Supreme Court No property right
involved in the question, and for that reason 1T
will not go further
The Port Chester right of way is for a six
track electric railway from Mott Haven through
The Bronx and the shore villages TO the Con-
necticut state line where it is to connect with
lines running toward New Haven. The alder
men, three years ago, refused 10 give the Port
Chester people a franchise, but did give one to
the West Chester and Boston company on the
promise Of the representatives of that company
go ahead with construction work as soon as
the franchise was granted. The West Chester
company has spent good deal OF money on
acquiring right of way, and has done some grad
ing. Now that it is engaged in a fight with the
Astor estate, it is unsettled when construction
work can be carried or without obstruction