New-York tribune., 1910-01-06
THE POOR OLD CITY
CHARGED FOR WIRING
Grade Crossing Commission
Certified Queer Claims.

ourh Of BROOKLYN aggregating s225,0oo.
which former Controller Metz refused 10
pay. or the ground that the city was being
assessed for more than its legal share OF
the cost of. the work. are number from
various street railway companies for the
cost Of moving and providing facilities for
electric wiring interfered with by the i'm
provemeut work.
These claims were certified 10 under an
opinion Of the Corporation Counsels office,
10 the effect that all changes in the wiring
and tracks Of street railway and other pub
lie servie corporations made necessary in
the carrying out of the grade crossing
elimination wcrk should be borne one-hah
by the city and one-half by the railway
companies along whose lines the crossings
were being abolished. thus relieving the
street railway and other public service cor
pCrations OF all costs in the matter.
The Controller In April. 1907, asked the
Corporation Counsel's office for review of
this opinion for the purpose of securing
some modification in the interests of the
city, and pointed out that heretofore pub
lie service corporations had freely made
sgch changes 1T their own expense when
such changes were rendered necessary by
public improvement works.
Accompanying the request for review
Of the legal opinion given by the Corpora
tion Counsers Office in this connection the
Controller forwarded a report from his
engineers dealing with the merits OF the
case : his report stated that under the
opinion Of tie Corporation Counsel bills
were being submitted for moving and pro-
viding facilities for electric wiring owned
by public service corporations which were
interfered with by the work of the i'm
prsyement and that other bills would be
presented later on under the same opinion
for the caring for and reconstruction OF
tracks q: street railway companies where
temporary or permanent changes were nee
essary TO advance the work of the inn
rroyement or TO meet changes in street
grades.
The grade crossing law. says the report,
provides that where the work of elimi-
mating grade crossings interferes with or
renders necessary changes in the location
OF water mains, pipes or. sewers. such
changes shall be made by the city depart
ment having charge of the same in such a
manner as not to interfere with the grade
crossing work The cost of making such
changes shall be borne either jointly by
the city ami the railway companies or
wholly by the city, as the Grade Crossing
Commission shall determine. but in the
case OF its being necessary to change the
location of any gas pipes, the cost of MAX
ing the changes shall be borne solely by
the corporation owning the same.
WHAT THE ENGINEER SAID.
Commenting upon the law and the opin-
ton Of the Corporation Counsel thereon, the
engineers report states:
Because of the exclusion in the law of all
reference 20 utilities other than water
tion Counsel has advised in the case of
electric wiring that the expenses of such
changes shoald be made charge against
The joint account, one half OF which is pay
BILE by the city aud the other half by the
railway companies along whose lines the
work is being carried on. thus relieving the
costs in the matter.
To my mind the failure to especially
recognize and provide in the law for the
utilities omitted indicates an intent that the
usual procedure in handling such utilities
shall pc followed where these are inter
fered with in the course of a public i'm
provene11t These companies are operating
the city. Heretofore, in cases of the carry
ing out of public works or TO meet legally
made changes in grade or alignment of
streets. the work of changing their facili-
ties has been performed without question at
the expense CT the companies owning the
same
The law authorizing this Improvement
confers upon the Grade Crossing Commis-
sion the right TO alter grades of all streets
intersecting the railways along which the
work is being carried on wherever neces-
sary 10 carry out the object IN view, and II
would appear incumbent upon all public
service companies 70 care for and shift
their constructions as under ordinary pro
cedure. nothing appearing in the law TO the
contrary thereon.
ANOTHER PROTEST.
In MAY. 1907. the Controller again COM
municated with the Corporation Counsel.
protesting against the manner in which the
city was being assessed for grade crossing
work being done upon the Bay Ridge
branch of the Long Island Railway, under
the opinion of the Corporation Counsel's
Office. He forwarded another supple
mentary report from his engineers, illus
tratiye Of the manner in which the city
was being assessed for work claimed by the
Grade Crossing Commission 10 be man
datory under previous legal opinions, and
asked for prompt review Of these opinions
on the ground that he believed that the city
was being greatly overcharged.
The engineers report which accompanied
this request for review says:
supplementary to my report OF January
q. 1857 Isummarized in yesterdays Trib-
uneI concerning work now in progress un-
der the SUPERVISION OF the Brooklyn Grade
Crossing Commission, which was referred
by you TO the Corporation Counsel, 1 sub
nit the following report further illus
masonry construction costs have been
charged against, the city under the legal
opinion of the Corporation Counsel.
The present railway, from Bay Ridge to
the Queens Borough ine.tten miles, con-
sists Of but two tracks On the part of
the line from the Manhattan Beach juno
tion TO the Queens Borough line, six miles,
the railway company is laying two addi-
tional tracks. making a four-track railway.
being IN reality a continuation Of the con-
templated New York Connecting Railway
extending from the Queens Borough line
10 Bronx Borough
Under the opinion of the Corporation
Counsel that the entire right of way width
must be elevated or depressed, a finished
roadbed of such width as Is necessary for
a four-trsck installation is being graded.
Masonry walls and bridges are being erect
ed sufficient for such increased trackage.
The entire cost Of this work is being made
and the other by the railway company, eX-
cept land charges for additional right of
way where such constructions overlap the
cid property width.
over this part Of the line bridge struct-
ares Is feet 9 inches in width would have.
been necessary to carry the formerly exist
irg railway over intersecting streets; now,
because Of the extension of trackage. all
these bridges will have TO be of d width
Of IS feet g ilIcheS. AS q consequence, the
city is being compelled 20 pay half the
entire cost II these bridge structures, which
are 10 feet inches wider than rle struct-
lre which would have been necessary TO
carry the tracks Of The railway at the
tine the Improvement work was authorized
by a law designed solely TO remove grade
crossings
I would recommend that the Corporation
Counsel be requested TO advise you as 10
tic right of the Brooklyn Grade Crossing
-s-esf bid