New-York tribune., 1909-02-08
QGEENS TUNNEL FIGHT
BELMONT INTERESTS TO
SUE THE CITY.
U7qnt Ouer Half a Million Year
for Loss of Interest
on It's Cost.

feured at per cent.
To recover this loss. or. perhaps more cor
..ct,v 70 collect this interest charge. the Bel
-oont people are quietly preparing to sue the
city for damages
u they recover as many shrewd lawyers have
,eured them they will, the city viii be COM
,sTsd TO pay per cent on the cost of the tun-
rsl giving the builders q handsome return on
1,.ir investment, and on top Of that confirming
..s cornuany's claim to valid franchise, and all
.ris without the operation OF the tunnel
V.vor Mcclellan, Controller Metz and Chair
=, wilcox of the Public Service Commission
.-a ali coguizant Of the company's intention 10
,ns Chairman WILCOX says that the company
has the short end Of the suit and holds that
- p,,b1ic Service Commission is not a party 10
the controversy
,.sxzo- Mcclellan would like to see the Stein
80, tunnel put in operation. but while he is
Dfsvor the Law Department will oppose the
-,ts-ho-ough's contention that it has valid
franchise.
The company viii sue for damages on these
grounds; -.-.-
-,-,ote5 without authority blasting permit and
h,lted the building Of the tunnel for a period of
sig months in 1907 That this enforced DELAY
-svrented the company from completing the tun-
rbsse requirements, July 1. 1908
Rot the citv subsequent to the revocation Of
-. r,as+ing permit began an action testing the
,.rs,tv OF the franchise Of the company, thus
.55ine 10 the obstacles which prevent the COM
ns-v from operating the tunnel
That the tunnel vas ready to operate as
.bovn hv the fact that the company. when IN
btndered transported in three DAYS not less thah
fnirtv thousand passengers
E2nlT1
x,v viii hinge on the action Of Fire ComHis-
s1oner o=Brien in revoking the blasting permit
T+. AnneIlate Division of the Supreme Court
- .bs Court Of Appeals held that the Commis-
soner vas without power 70 revoke the permit IN
.hs absence of proof that the company was Tio-
letting +he law or a city ordinance
ror+ro1ler Metz seems 50 have had an inbling
=. she nroposed action. He tried at meeting
os .hs BOARD of Estimate and Apportlonrnent
three weeks ago to get the board TO ask Ihe
,o-,,.-r 20 nresent an application TO the Board
~ Estimate and Apportionment for franchlse
- on4rsts the tunnel. The company has de-
-s5e5 that il will not ask for franchise to
o,erzte since such application might be con-
.t,Des AZ an admission that its franchise has
,srssd The Controller was the only one TO
vote for his resolution
rT-NNEr;s FINANCIAL FEATURES.
ton are:
g.. :, funnel according to builders figures.
ss5955I69 9s-
T,tsrast charge a day at 6 per cent. Slab.
Interest charge a year, S515.I3l-
The Fu5Ic Service Commissions s experts say
that the city cannot afford to buy the tunnel as
II cannot be made to pay.
The owners of the tunnel say that if they are
rnsarpered by the city they viii, by charging a
ss,+ fare p,t the tunnel to work WITHIN
three months but they insist that the city siAlii
cencede that the franchise is perpetual
The prbl;c Service Commission. after an ex-
hsustive study of the subject says that II 'iie
/. eepBnsny should carry five million local passen
gar. /. year at cents q passenger the deficit
world he net less than $177.500 year. ana
night be $4,000.
The Public Service Commissions engineers
WIN NOT. long ago, examined the tunnel fouho
It in good physical condition OF its capacity
the report says:
The tunnel Is designed for electric surface
cars equipped with special overhead conUact
shoe There is sufficient clearance Tor tie la e.
cars now in use in the subway, puC lIe - tt4
oF the end looms fifty feet, is so small tnaC
ony single cars could be operated Inc sI0 sS
steep in places that only motor "a a. 5opa
Hs used traslers could not be used. as Is uoIie
IN the present subway. The tunnel was eNI-
DENLY intended for operation by the suIiaGe
roar C,or,nanyss lines in Long Island CITY IL Is
practicable to introduce the Jackson avenue avenue
cars either by a connection on van AIsl t
or else by constructing a ne" CoIIii0 -
Jsrkson avenue and 4th street Ihe toTueli
avenue cars may be introduced IN Iae lllilie It
By constructing q new connection at 4th sC'Gec 3
and Van sls+ avenue which would run over the
Pennsylvania Railroad tunnels as now peiie
constructed In many respects the oi,Ig oleiiN 80
tunnel IS well located to constitute ValudpI7
sdtgnr+ NJ a f,,tz1re comprehensive subway sys-
ten. It occupies a level below the present sup
way ia z2d street, and coulo De "a .ta N-tb
-eme future time across the CITY 70 uIe . NoI.l
Rsver and uossibiy south to the Pennsylvania
Railroad station. or TO connect with the Hudsoh
sn6 Manhattan subway in sixth avenue. II d
Wsx. side s,,hIyay south of z2d street should be
built many Of the passengers from the north
would proceed downtown by TINS route. Inc
present East Side subway IN Fourth avenue
would then ne freed from its present congested
traffic and could accommodate the passengers
hrouzht bv the Steinway tunnel from Queens
and the New York Central Railroad. 1t viii
pass under the proposed Lexington avenue SUD
way and could be made TO connect thereWlth-
-sssern T,orfion OF Queens could be brought to
Manhattan by this tunnel, or made to connect
Herewith
WILL NOT RENEW OFFER
So confident are the Belmont people Of col
acting damages equivalent to per cent ON the
cost OF the tunnel that they will not renew their
recent offer TO the city. In substance this was
as follows:
-He IltS 10 ldf>c osSA 'iN -
cost, figured at s7,23s 476 so. free from all con-
oitions. When this offer was made, on Janu-
sry 20 President Shonts OF the InteFborough
said that the New York & Queens County Rail
rnad Company would, IL desired. apply instead
tor q franchise TO operate This, he said. would
resn independent operation, with an additional
s-csat fare
The Public Service Commission declined on
January 20 authorize the city TO purchase the
f1.snel az cost and enter into contract for the
New York &. Queens County Railroad Company