New-York tribune., 1908-02-22
NO POWER OYER TUNNEL.
Public Seruice Boards Letter to the
Senate on Stein70dy Tube.
tBy Telegraph to The Tribune. ]

Albany Feb 21.-Pending final determination
of the litigation between the city of New YORK
and the New York & Long Island Railroad Com
pany. the Public Service Commission. 1st District
in d communication sent to the Senate to-day
SAYS as told in The Tribune yesterday, that 1t Is
without power to compel the operation OF the
Steinway tunnel under the East River.
Some days ago. the Senate adopted resolu-
ton offered by Senator Harte. of Queens, asking
the Public Service Commission, 1st District. 10
furnish information to the progress of work
the Steinway tunnel and as to the probable
date of completion
In the letter of Chairman Wilcox to the Senate
he says
The so-caled Stelnvay tunnel has been con,
structed by the New York & Long Island Railroad
Transit COMPANY. which controls the tunnel com
anG Ee Nea OrE ng Tfs Gy
Company haze hays been ENGAGED in 1T litigation since
construct this tunnel. The city claimed that the
company not legal corporation that it had
ever were "a lawful corporation its corporate exist
that its New York City franchises also expired at
In passing upon the claim of the city Mr.. Justice
Davis. of the Supreme Court, in an opinion rem
anFs Of 1gS he to comply
the railroad law as to completion and operation or
corporation and it does not require. the bringing
of an action to dissolve the corporation. And the
weEe mmediately extingushed. .,.,n. .,at -.
action is brought against defendant that has no
existence. The defendant being dead in the sense
complaint on behalf Of that defendant.
Il do not agree with the demurrants view that
the property rights and franchises mentioned in
the complaint survive the extinction of the de
recfors as trustees for the benet Of those con-
cerned. and that these trustees are the proper
parties defendant. II this the trustees
might take their own time to build the road. and
thus defeat the very purpose of the statute to In
Srs R IS that at the the drr rer s no
properly interposed and has standing in the
case. The demurrer really admits that there is no
action pending. there at the time the de
in accordance with these views
An appeal in of the actions between the city
@url @ 0t pdpnth be ntire tigaon ON hahaI
f tbe citV is in the hands Of The Corpopation
Counsel
If the New York & Long Island Railroad Com
pany has forfeited its corporate rights and fran
chises the commission is without present power
the final determination of the rights Of the parties
10 the litigation any attempt to do so would be
premature and improper.
In a long brief accompanying the letter the COM
mission forth the history of the tunnel. Con-
cerning its relations with Public Service Com
mission the brief says:
The tunnel extending from Manhattan to Queens
along the line OF 4Hd street, commonly called the
yae company and is not a part of the rapid transit
system laid out by the Public Service Commission
to the commission, under any section of the Public
Service Commission Law. by the owners of the
tunnel and no proposition looking toward the
sented to the commission for consideration.
As the amount of money the Interborougt has
laid out in the construction of the tunnel the brief
says that recent statement filed with the commits
sion shows that altogether s7,445.SsO IS has been
expended the line of which Sc 1876 ISL 81 been
in actual construction. the remainder being s4O2-
O35 II for the purchase of New York Long Island
Railroad franchises and $91I 693 "a for real estate