New-York tribune., 1909-06-12

ESTTH4TE BO4RD ACTS.
4sks Corporation CounseEs Opinion
on DisapWOCal of Franchise.

Mayor Mcclellan. backed by all the members Of
the Board of Estimate and Apportionment save
Borough Presidents Coer ard Cromwell took issue
with the Public Service Commission yesterday over
its refusing the South Shore Traction Company
franchise approved by the Board of Estimate at
the last meeting and turned down by the Public
Service Commission day this week. Commis-
soneT McCarro dissented from his colleagues In
the commission holding that the action of Board
of Estimate and Apportionment should have been
approved.
The board Yesterday instructed the Corporation
Counsel to take the necessary steps to obtain from
the courts construction Of the provisions of the
Public Service Commissions law which will def
nitey determine the powers of the commission in
relation to approving blocking franchises. The
board believes that the Public Service Commission
has usurped its functions The action taken yes
terday at the instance of the Mayor is a clear
warning that relations between the two bodies
at the breaking point.
The feeling of the board is forth in a-resolu-
ton, which follows long prea mble outlining the
situation. The resolution follows:
Resolved. That the Board Of Estimate and Ap-
poruonment of the city of New York. as the local
authorities under and pursuant the provisions
privileges conferred upon it. and that end the
Corporation Counsel is hereby directed take all
to he an uspa s ton by the Public . seTce comms
sion f,r the Ist Tistrict Of the nov.er conferred
mon the board hv the charter and which in effect
nullifes the action OF the board in fixing terms and
conditions in the granting of franchises and rem
ders the performance Of the duties imposed it
by the provisions of the charter mere idle cere-
open TO the city constipation Of the PROVISIONS
law which would definitely determine the powers OF
the said Commission under such law
The Mavor read letter from the railroad com
pany setting forth its embarrassments on account
Of the action Of the Public Service Commission and
asking for more time under which it might fulhI
the conditions Of the franchise. The extension was
granted
William r Wilcox. chairman Of the Public Ser
vice Commission had the following comment 10
make the resolution adopted by the Board OF
Estimate and Apportionment:
The resolution of the Board Of Estimate implies
that the Public Service Commission approve of
franchise terms. but disapprove. Section 5S
OF the Public Service Commission law Compels the
commission yes no when a traction com
pauy desires begin construction under a fran
chise and part Of its duty in passing this aues-
tlon is determine whether the exercise OF the
franchise is convenient tho public service This
a general law for the whole state. and expresses
the intention Of the Legislature that state au-
thorty shall pass upon franchises granted by the
municipalities OF the state
If the Public Service Commission is OF the opin-
ion that franchise provisions do not properly pro
tect the future 1t certainly must say so. or else
Section SO is meaningless.
The commission came in FOR another Rrilling in
connection with the franchise of the East River
Terminal Company. the terms Of which the Public
Service Commission In letter said We're incon-
sistent with the Public Service Commissions law.
In commenting this the Corporation Counsel
said
Il fail 10 see under what provision Of law the
Public Service Commission can assume 10 question
or pass upon the terms Of franchise grants made
by the city or New York upon what theory =
can withhold its cortiHcation the ground that Il
thinks the terms ana conditions imposed by the city
are too ouerous 30 the company especially when
such terms and conditions have BEEN accepted BY
the grantee"