New-York tribune., 1908-12-16
CITY AND B. R. T. SPLIT
Continued from first page.

failure of which makes 1t incumbent on the
city to appeal to the Legislature. contains ths
following:
That said company. if it changes the grade Of
its tracks within the limits OF its railroad right
of way as indicated on the aforesaid map viii
make such grade conform to the grade of said
right of way, a shown on said map at It's inter
section with the proposed streets. avenues Or
highways as shown thereon: provided. however,
that the city has not in the mean time changed
the established grade Of any street. avenue OF
highway so 10 affect the established grade AT
the location Of the railroad tracks or rlsnt OF
way; and if said city does so change the grade
without the consent Of the railroad company, %
then in that event the railroad company snail aC
it's option. be released from each and every part
Of this agreement
Said company agrees that after the final de-
termination as to the necessity for carrying any
of said streets, avenues or highways across the
rfgh+ Of vrsv or prOpertv OF said railroad COM
pany as provided in the railroad law it viii LOT
oblige said city to institute condemnation pro-
ceeding to acquire the property required 70 carry
said streets avenues or highways across its
tracks but. on the contrary. il Will grant or
convey to said city easement or right Tor
nominal consideration TO make such crossing
after the manner in which the same sLiaI g
made has been determined by the Public Servlce
Commission. as required by law
1t is mutually cOvenanted and agreed oy ana
between the parties hereto that the cost and
expense Of carrying any Of said streets. aveSlIes
or highways across said r71lroad cor1pa-1y >
tracks or property shall be divided between the
parties hereto in the proportion prescribed y
the railroad law as in force at the time Wnen
the crossing is constructed
WHAT ENGINEER sATs
Arthur s Tutt1e. the engineer IN charge %
the city's work in Queens. in a letter to Joseph
F Keany, attorney for the Long Island Rail-
road Company, says in part:
1t is my understanding that the form Of
agreement which the Corporation Counsel has
prepared is. TO all intents and purposes. tdenrf-
cal with the one originally suggested by your
self and Mr. Woody. with the sole exception OF
tba ola q
expense of the improvement In the method pre-
YOU know places so per cent OF the cost upon
the municipality in the case OF new crossing
and 25 per cent Of the cost OF the removal OF an
For the latter Improvement another 25 Per
cent of the expense is to be borne by the statas
while the remaining expense. elIieI LoF tLI7
crossing or for the removal or a grads crossing
is assumed by the railroad company The ex-
perience OF the past would seem to Indicate
that there would be no contribution rom tns
state for improvements OF this character with
in the limits of the city OF New York. and IL Is
therefore evident that the law as II now stands
Is an ir1praCtfcabIs one in so far IL relates
to the removal OF grade crossings
It was hoped that Dill could De agreed upon
between the city and the railroad companies
Interested which would amend the railroad law
in such a way "a to make IL a practicable one.
the last session Of the Legislature, and nothing
has as vet been accomplished. although II 10
Iie ACpV u ., - - ---I - - = -
done during the next session II the law should
later reduce the proportion Of the cost 70 %
borne by the city, there would be no way 70
carry out the agreement which you ask for. as
the city would be without any power to incur
the additional debt
President MCGOWAN Of the Board OF Aldermen.
the Controller and the President Of the Borough
of Queens. a special committee. will recommend
that A bill be sent to Albany giving the city the
necessary relief and that a statement be pre-
pared making II clear that the city's vast
scheme of improvements in Queens cannot be
carried forward until the bill has become law.