New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-06-15
STE|NWAY BILL SIGNED
Permits Transfer of Tunnel
Property to marlborough.
ACT is GENERAL IN FORM
Governor Also Approves Amend
ments to P. S. and Consol-
idated Railroad Laws.
rBy Telegraph to The Tribune. ]

Albany, June 14-Governer Hughes to-
night signed Senator Hartes so-called
Steinway tunnel bill. permitting the turn
ing over of the property and surviving
franchises" of the defunct New York q
Long Island Railroad Company to the In
terboroush Rapid Transit Company Gen
eral In form, the act is designed TO apply
to this specific case, and is made necessary
by the tangle of litigation which has pre-
vented the use Of the practically completed
tunnel TO Queens. This law will permit its
use after the marlborough has acquired
new franchises in the usual fashion.
Considerable objection was raised to this
bill on the theory that Il would revive the
perpetual franchises of the old Steinway
tunnel concern. This the Governor could
not see In a memorandum regarding the
measure. he says:
In accepting this bill for the city of New
York the Mayor of the city has stated in
his memorandum the circumstances which
led to its passage. The New York & Long
Island Railroad Company. having con-
structed a portion of its tunnel and road,
failed to complete it within the time pre-
scribed by law By reason of this default
its corporate existence and powers ceased
laws of 1890. Chapter 5S5. Section 81. The
litigation between the city OF New YORK
and the directors of the company. IS trus-
tees Of creditors and stockholders failed
and the questions involved were not finally
decided because the state was not a party.
1t would seem clear that the franchise
of the company to construct maintain and
operate the tunnel and road ended when II
failed to comply with the statute. But II
has been objected that this bill is an at
tempt in some way TO revive il or to lend
support to the claim that ii can be trans
ferred and exercised. The bill. however.
(being a general one. SO as not 10 conflict
with the constitutional provision as TO
special act In such case) in its references
to franchises describes only such, If any
there be. as survive" and the bill does not
purport to recognize any franchise that has
ended.
| therefore do not regard this bill as af-
fording a foundation for the claim that the
perpetual franchises of the defunct COM
pany, lost by its default, are recognized or
revived.
In the brief filed with me with respect to
this bill by the Interborough Rapid Transit
Company representing what it calls the
controlling equity in the property its at
torney explicitly states:
The act. however. does not revive or
confirm the perpetual franchises formerly
possessed by the New York & Long Island
Railroad Company or authorize the compile
ton or operation of the tunnel otherwise
than under new franchise, which can be
granted only by the Board of Estimate and
Apportionment for the usual limited period
of fifty years. with or without renewal
of twenty-five years.
Further. the Board of Estimate and APP
portionment upon the applica ton fer tie
new franchises contemplated by the bill,
may protect the city by proper terms
against the assertion of perpetual fran
chise. and the Mayor and the Public Ser
vice Commission may grant or withhold
their consent to the transfer described in
the bill. as the interests of the city may
require. This is clearly pointed out by the
Mayor of the city in his memorandum
It is of the utmost Importance that Upon
proper terms there should be rapid ex-
pansion IF the transit facilities OF me
city. and I believe that by the just ex-
erCise Of the powers granted by this Dill
the convenience and welfare of its citizens
will be promoted. To delay an adjustment
Of the matter. under conditions which per-
NIT the authorities Of the city properly 10
protect its interests in order that there
may be protracted litigation TO settle the
legal status of the completed tunnel, ana
thus TO leave the tunnel unused LOT an IN
definite time while the people are SuHei :
ing for want of such facilities as 1t WOULD
in part provide seems to me wholly I'M
justified.
| The Governor also signed the general
amendments to the public service law and
/ the consolidated railroad law. The first
measure. fathered by Assemblyman Parker,
STRENGTHENS and defines the powers Of the
Isl District commission regarding trans
fers. and broadens it's jurisdiction over gas
and lighting companies.
Other bills signed by the Cover nor include
the following:
Senator Davis's amending the forest. hsh
and game law by giving the PuDilc service
Commission jurisdiction over railrodos III
the forest lands owned by person or olher
company than a railroad company
Senator Hamilton {, proVd1ns that
streetcar company shall share the cost OF a
highway bridge company occupied 10y It's
a E. Smiths. fixing a price for electric
,irht in New York City at $50 lamp a
year Cor flaming arc lamps