New-York tribune., 1909-12-30
COST MILLIONS MORE
If METZ LOSES.
Long Island Railroad Plan
ReuiCes the Controllers
Three-Year Fight.

cent OF tne Borough or Queens was ap-
pointed TO consider a general plan sub
mitted by Ralph Peters. president of the
Long Island Railway Company, for the
elimination of grade crossings on the
company's main line in Queens
In the carrying out of the work the
railway company wants the city TO con-
sent to an increase in its present track
age facilities, while the stand taken
by the Bureau of Franchises is that the
city should not be compelled in any
grade crossing elimination plan TO pay
any part OF the cost of adding to the
trackage facilities of a railway COM
pany.
The principle involved in this matter
IS an important one to the taxpayers.
inasmuch as il is estimated that the
total cost of eliminating grade crossings
I'm the Borough of Queens will be up
ward of sl5O00.00O. If the plan adopt,
ed should permit the railway companies
in Queens to reduce existing grades and
add TO their present trackage facilities
the citys share of the cost of any sucn
grade crossing elimination plan would be
bound TO run into millions of dollars
more than if the plan should be con-
fined TO the elimination of grade cross
ings on the railway lines as they at
present exist
This question has been the subject of
three-year dispute between the Con-
troller and the Corporation Counsers of
fee over the proportion of the cost of
eliminating grade crossings in the
Borough Of Brooklyn which the city is
legally required to pay under what IS
known as the Brooklyn grade crossing
Act. passed by the Legislature in 1908
and amended by subsequent legislation.
The dispute began in 1906. shortly after
the present Controller assumed Office.
over payments certified to by the Brook
fyn Grade Crossing Commission as the
city's sha-e of the cost of removing
grade crossings along the fine of the
Brooklyn Heights Railway and the Bay
Ridge and Brighton Beach branch of the
Long Island Railway.
The contention of the Controller is
that as planned and In progress the work
involves a gigantic scheme of grade bet
terments whereby former one and two
track railway lines with formerly pro-
hibitive grades are being converted into
low grade trunk lines with additional
trackage Under the advice and with
The approval Of the Corporation Coun-
SETS office the city is being asked to pay
one-half of the cost of this work al
though the legislation under which the
work is being done contemplates part
payment by the city only for such
changes IN existing railway lines as may
he actually necessary to eliminate grade
crossings
CONTROLLERS LONG FIGHT.
For three years the Controller has en-
deavored to get the Corporation Coun-
sells office 10 modify its opinion in this
matter, on the ground that it unduly
favors the railway companies and COM
pels payments by the city that are not
warranted under the law. Duly certified
claims aggregating s225.OOO have been
held up by the Controller for many
months. Owing TO the persistent refusal
Of the Corporation CounseI's office to
modify the opinion given. the Controller
has announced his intention of paying
the amount Of the disputed claims, but
in so doing he clearly intimates that he
IS unable TO pursue any other course be
cause Of the attitude of the city's legal
adviser
The position taken by the Controller
with respect TO these payments is pre-
cisely the same as that taken by him
with regard TO the final payments TO the
PENNSYLVANIA Steel Company for the
erection of the superstructure of the
Greensboro Bridge In the latter case
the question of making permanent
temporary injunction restraining the city
from making final payment is being con-
sidered by the Supreme Court in spite of
the fact that the Corporation Counsels
office protested in court against the
granting of any injunction.
The scope and cost of the work which
these disputed payments involve. the at
titude Of the Corporation Counsel's Office
and the position taken by the Controller
are clearly outlined in the official corre-
spondence on the subject, to which The
Tribune obtained access through the
courtesy Of Controller Metz. Under the
grade crossing act the city is liable for
oue-l,alf the cost. not TO exceed ST.
600 600. required TO make the necessary
changes 70 the existing right of way
and tracks Of the railways as they were
a the NM tLlc dCl AdS FaSS'N ~ NpDa-
ish present grade crossings where exist
ing. and. by an amendment 10 the act
Tor one-half the additional cost of cross
ing unopened streets. The act further
enfoins that the city's share for this
vorl, shall not include any costs for bet
term@uts. whether provided for in the
act or not.
To get at the scope of the work author
,zea ard The scope of the work as it Is
ac,uaiIy going on. it Is necessary to eX-
,aain the condition and facilities OF these
1.,es of railway prior 10 the work being
besun as compared with the condition
and facilities which viii exist when the
work is completed
EXTENT OF BETTERMENIi.
Formerly the Brooklyn Heights Rail-
wy was operated as q two-track road
rom Church avenue tc Brighton Beach.
y distance of about I'VE miles When
The Improvement is completed the rail-
,gav will be a four-track read over the
entire distance. carried by steel bridges
oyer fntersecting streets.
e..tasT pf church avenue