New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-05-26
ATTACKS 18th AVE. BILL
Mr.. IVINS MAKES PROTEST
Says City Interests Are Menaced by
1t IN Many Ways

William NJ. WINS issued a statement yes
terday raising certain objections to Senate bill
No. 81. commonly konwn the Eleventh ave
nue. bill, which recently passed the Senate by
vote OF % 10 IS.
After saying that the New York Central never
manifested any disposition to obey the prcvis-
ions of the SAKE act, passed last year. for which
this is substitute, he declares that it always has
shown intention TO defy 1t. About three
weeks before the SAKE act in regard to condenh-
nation to go into effect last March, the coun-
Sci for the railroad presented bill 10 the Rapid
Transit Commissioners and the Board of Esti-
mate providing for subway for their tracks
between Goth and Both streets. No solution Of
the problem south OF Both street Mr.. Wins says,
was offered. nor any mention made of any
further compensation 10 be made by the rail
road company 10 the city for the additional
franchises contemplated There seemed TO have
been as little disposition he says on the part of
the Rapid Transit Commission and the Board
Of Estimate 10 exact such COMPENSATION. The
bill presented also distinctly repealed the pro-
visions of the Elsberg act with regard to the
duration and revaluation of franchises
various civic bodies represented by the COM
mittee OF fifty protested against the company's
bill. Mr.. Wins goes on, but in spite of the plans
70 push II through the Assembly public opinion
caused 1t TO be sent back TO the Committee on
Cities. and following several civic conferences
important amendments were made to IT. Fore
most among these the extension of the
principle covering the track all the way to Spuy-
ten Duyvil, point at one time insisted upon by
the representatives of the committee Of fifty in
the course Of the original conferences, but sub
sequently abandoned upon the demands OF the
railroad company; stipulation that the contract
10 be made under the act should include provi-
eions for the operation of freight and passen-
ger business, provisions for compensation for all
new rights, franchises and privileges and for re-
valuation OF each such new franchise every
twenty-five years. and also provision leaving
the original SAKE law in force provided the COM
pany did not adhere to the provisions of the act
OF 1907.
Despite the assurance of the Committee Of
Fifty that the proposed amendments did not in
any way alter the essential features Of the bill
or force the railroad company 10 meet require
ments any more severe than those originally
required OF Il, counsel for the road appeared be-
fore the Senate committee and vehemently pro-
tested against the enactment Of the bill in its
amended form, ob1ecting particularly 10 the ad-
ditional compensation and revaluation of fran
ch!ses.
The Senate Committee on Cities reported the
pli about two weeks ago, not IN the form last
agreed upon, but the original bill offered by the
railroad, with those amendments proposed be-
.ore the city boards by repres autatives before
r the bill was introduced into the Legislature
Senator SAKE at once denied responsibility for
the bill and the City Committee took the re-
sPousbiity of his shouiders Tho persons re-
sponsble for the Dill row. says Mr. WINS, seem 1
TO be Senator McCarren and Senator Horace
White. who worked for the BILL he says. in its
original shape. the ground that It had re-
ceived the approval of the city authorities thu
railroad company and the civic bodies and was
in the nature Of agreement among them
THIS statement was, says Mr.. WINS, entirely in
accurate and indicated further the necessity OF
tbs amendments last proposed for the bill Mr..
Wins continues:
The objections to the measure may De divided into
lwo classes: flrst the objections arising from the
regard particular localities In the first class
may be mentioned the following:
The blu gives the railroad company, contrary
TO az precedent and public policy and the specific
chse Of inestimable value without PROVISION for
reyauat.on, for four additional tracks in fba r.
than ''1'''-''7ii' upon no other consideration
"a a compliance by the railroad con9any with
frect go sac eo "a" "itn regard 70 subwaying the
attention should be called the line OF cases he
pany agt Hess in i25 New York GAL Ia wbic6 S9 3be
courts have held that 1t IS competent for the Iags-
their poles and wires from the streets 20 '9e down
cleIL IN a subway erected and maintained at the
20 3, Purchase by the railroad company practically
AZ us own price because there IS other posstbe
market for the property of the cty's Land over
and under water west Of the present right oT vyav
me proceeds OF which shall be devoted BY the citv
10 iianrpToEIns the cornpanys own roadway
z The bill completely fails make anv Droyisi--
Tor the use OF this greatly increased franchise as
part or the rapid transit system OF the city
T. II places upon the city very large evr,arso
Tor CANA Ses resulting from changes of grade ne
scribed by the act. e0 pc
Ii very largely increases the powers Of eminent
con conan lI now possessed by the railroad company
enc allows IT 10 place stations terminals aud yya
houses wherever it may please without regard "a
the interests Of the city. ~
g. II is very unfortunate attenDt IN Iegfs1o,a
ana regulate large part Of the rapid transit rof
lem before me going into effect the public ItfIi
ues bill, which measure is now practically certain
to become law. NN'' tam
The bill is also detrimental to the interests of tho
10y or new YORK north Of l22d street. In fact n
70 anything except the interests OF the civ hets
Sotl ana oIst stl ees and amended by the repre-
Eard 10 any portion of the city north Of 122d strs+
ton are: ~ " inns coAHec-
The provision with regard TO an elevated rail
road 20 feet wide, across the Marhattanvle VaiIey
aha up 70 14oth street, making and defacing the
Riverside Drive Extension. which has inst bene
o1atpieted 81 cost OF over $9o0O00-5O per cent Of
q IL devotes the proceeds OF the sale of lends
uhoer water north OF 1d street the constrction
s.fic o e south OF that point to the great in
q 1t completely falls protect the irn,or+,,,.
noTt OF l54th street in that the provision for
f. II injuries Fort Washington Park nv 1roIj5i1,o.
that the additional necessary land must be taken 70
Inc whereas at this point II would be much 7nore
advsntaseous 10 take 1t from the east ~
esrd ~ T1sth st l1ddeg late provision with
a most important thoroughfare and should be carr
fied over the tracks -