New-York tribune., 1910-02-04
TO SAVE A MILLION
lHITCHEL'S PLAN IN,
l.. /. r. r. CASE.
Grade Crossings Resolution
Comes Up IN Board Of
Estimate To-day.

ON the calendar of the Board OF t'sti-
| mate for to-day is a resolution WHICH,
| contemplates the protection of the Guy
from being obliged to stand heavy eH-
,ense because of the widening of the
roadbed of the Long Island Railroad III
Queens County in connection win the
| abolition of the grade crossings. II "ds
prepared by President Mitchell of the
Board of Aldermen
This resolution asserts that the COM
pany In going ahead in increasing the
number of its tracks from two TO slA
from Long Island City to Jamaica with
out getting a franchise for crossing
existing streets from the Board OF Est-
mate has violated the law. 1t calls upon
Borough President Gresser of Queens 10
revoke the administrative permits under
which the company is working, and de-
rnands that the railroad company i'm
mediately cease all work on its extra
tracks and remove those that have been
laid without permission from the Board
of Estimate.
The CORPORATION Counsel is instructed
by the resolution 10 take steps to compel
obedience to the order. but is given per-
mission after the beginning of his suit 10
enter into stipula ton with the COM
panv by which il may continue the work
pending the determination of the suit
It is contemplated that if the courts
decide the company must get iran
chise for the work that 1t be granted
only on condition that the city be held
liable for only one-half the cost of SUCH
part of such bridges as may be placed
srross the widened roadway In the
future as would have been adequate 10
carry the streets across the present two
track roadbed.
ROADS CLAIMS HELD Up.
The Tribune has shown how the Long
Island Railroad Company has asked the
ctv. under the law providing for the
sbolishment Of grade crossings, TO pay
The cost of one-half of the entire work
on the Bay Ridge division, which has IN
,IIded widening of the roadway ana
o+ber be++ernoeuts. The former Cor
,,orstion Counsel held the city liable Tor
such a claim. but former Controller
Metz. taking different attitude held UP
some S225 600 ir claims. The company
sued for a mandamus to compel pay
1nent but the suit was discontinued on
Mondsy. it being understood that steps
were being taken TO settle the differences
between the city and the company out OF
court.
The grade crossing act provides that
the city shall pay not only one-haf the
cost of changes necessary to abolish
h1l
cost of crossing streets that may De un-
c,rened at the time the Improvement
nav be made.
There are many unopened streets m
Oueeps across which the Long Island
Railroad runs. It is obvious that the
cost of the bridges over which these
streets must cross the railroad Wheh
+beZ- are opened in the future will be
,,,,,ch great over a si2-track roadhed
than over tvo-track roadbed. as exists
AT present The engineer of the Board
of Estimate estimates that one hall OF
the additional cost would be somewhere
IN the vicinity Of s1,ooo,o0o- 1t Is 10
GUARD against the city from ever having
to nav this 81 600 .o00 that the resolution
will be introduced to-day.
In bringing the attention of the mem
hers Of the Board of Est3Tats to the res
olItinn. President Mitchell referring 20
tha work Of six-tracktrg IL queens,
which has been under way for some
time, has written:
1bave come TO the conclusion that the
failure on the part of the city 10 take
action I'm to the present time has serl-
oIslv ieopardized the rights OF the CITY.
and that a further delay might entail
a loss of upward Of million dollars 1"
the taxpayers
The railroad company at present is
six-tracking its route over distance OF
five miles, crossing numerous highways
in the Borough of Queens and the sites
of rrouose6 but unopened highways
without any authority from the city UI
New York so to do other than admlnls-
tra4iye permits issued from time 10 time
~ +he President IF the Borough Of
Queens.
DANGER LIES IN FUTURE.
II is pointed out that when the city
comes to open new streets II VIII pc
compelled, under Section 65 of the rail-
road law to bear one-halt or all eX-
,enses of crossing the right of way. IN
nthnr words. it VIII be compelled to bear
one half the cost of the railroad bridges
and approaches thereto which will be-
come necessary at the points of inter
section of these new streets.
The Corporation Counsel has advised
nv opinion dated July /, 1909, that the
railroad has no right to cross the exist
ing streets of the Borough OF Queens
without first obtaining a franchise from
the city. BY opinion dated November -.
1909. he has advised that the proper
course to pursue lies in an injunction
,,rocaedine TO restrain the railroad COM
nsnv from prosecuting the unauthorized
work now under way.
In view of the fact that the develop
rnent of the Long Island Railroad sys-
tenn in Queens is a greatly needed public
innroyement it is suggested that d
nr6per course for the Corporation Coun-
Sc, II take after instituting the inJunc-
tion proceedings would be TO enter into
stimulation with the railroad com
panv whereby the company would be
nermitted to continue its construction
york pending judicial determination or
The rights OF the railroad company. re-
serving. however. TO the city all It's rights
IN demand that the railroad company
,enova the distractions from the streets
10 the judicial determination be adverse
to it's rights and ii fail TO get a suitable
franchise.