New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-11-25
GRAB, SAYS UNION
FRANCHISE CHANGED.
Board of Estimate Enjoined in
South Shore Matter.

The Crirens Union yesterday obtained
from Justice Mclean. in the Supreme
Court, an order 20 show cause and a tenn
pofarv Injunction restraining the Board OK
Estimate and Apportionment from pro-
ceedinr further in the matter Of the fran
chise contract applied for by the South
Shore Traction Company. The board is
thereby completely tied up on that matter
until Monday when the order Is returnanle
before Justice Seabury-
The hoard Is ordered TO show cause why
(. should not be permanently enJoined from
carrying out us proposed modified contract
with the South Shore Traction Company
which company secured its original contract
with the city on May 20
That contract called for the operation OF
cars over the greensboro Bridge and over
certain adjoining roads I'm Queens County.
aud the original contract specified IN re-
turn, among other things. that the city
should receive a cash payment OF sD.""
and series Of minimum annual payments
during the life Of the franchise. which was
twenty-five years. approXimating upward of
sl0eo and running I'm the last hve years
OF the franchise up 10 close 10 $4,000
wear. In the original contract also these
annual payments were specifically named
as bling I'm addition to- any and all taxes
or franchise fees.
MEETING AFTER APPROVAL.
The Citizens Union bases its action for
an injunction solely ON the point that the
Board of Estimate. by a unanimous resolu-
ton on November L. approved the proposed
modification Of the original contract and
then called a public hearing on II for De-
cember l0
ENigencies Of local politics may be blamed
for the extraordinary speed with which tine
proposed modified franchise contract was
rushed through the Board Of Estimate, and
particularly through its select committee
appointed 90 look into the South Shore
Traction Company's application for Inodi-
fed contract subsequent TO November .,
according 10 the view Of the matter taken
by the Citizens Union. They purpose that
this move shall he only the first in a series
Of similar taxpayers actions. 10 be held
a check upon the activities OF the retiring
board during the last few weeks of fits
tenure.
William J. schienehn. chairman Of the
Citizens Union, brought the suit as tax
payers action.
CHANGES IN CONTRACT.
a few Of tho gisring points of difference
in the modified contract. as approved by
the entire board on November l. and the
original franchise contract as granted on
May -. arc as follows:
I. The Se00o cash payment TO the city
was reduced in the modified contract TO
Sl.0yo
>. Tho series OF minimum annual pay
ments during tive year terms were reduced
a follows:
In the third five year period the original
contract called for an annual payment 70
the city Of . per cent OF the gross receipts.
or N2g9 cash il the per cent should fall
below that figure. The modified contract
calls for > per cent Of the gross receipts,
or $500. If the per cent should fan be
low that figure.
In the fourth five year period the orig
inal contract called for an annual payment
10 the city Of per cent of the gross re-
ceipts. or sl4.JsO If the per cent should
fan below that figure. while the modified
contract reduced these annual payments
for the same period to per cent of the
gross receipts, or S..o09.
In the NTH five year period the original
contract called for per cent or $500 "
the per cent should fan below that figure.
and the modified contract reduces that
compensation Ia the city TO make il equal
with that OF the other five year periods
mertioned-namelT, . per cent, or S'.es.
3 I'm the original contract each aud all
of these various congregations To the
city 10y the company We're specified as
being in addition to- all taxes fran
chise fees. while the modified contract
makes them I'm lieu OF such taxes and
fees.
on September - the company applied 20
the Board of Estimate for these modifca-
tons and for one other. the latter u request
for additional time in which TO secure con
SCENTS from property owners. To the last
named proposition the Citizens Union makes
no objection.