New-York tribune., 1910-01-28
CITY WILL FIGHT
NOT TO PAY l.. I. Il. Il.
ReJiscd Legal Opinion on
Grade Crossing Claims.

Argument will take place on Monday oe-
fore Justice Blackmar, in the Supreme
Court, Kings County. upon the application
Of the Long Island Railroad Company for
8 mandamus order TO compel the Controller
TO pay s225,0 claimed to be due as the
city's share of the cost of removing grade
crossings from the railway company Bay
Ridge branch. in the Borough of Brooklyn.
The hearing of this application has been
twice postponed at the request of the Cor
poration Counsels Office. on the ground
that the questions involved are OF the
greatest Importance 10 the taxpayers and
demand thorough examination Of the pro-
visions of the act OF the Legislature au-
thorizing the work and the specific condi-
fions under which the Improvement is being
carried on. This would seem TO indicate
that Corporation Counsel Watson is not
prepared to accept the opinions given by
his predecessors in office, that the city is
liable under the terms of the grade cross
ing act to pay one-half the cost of convert
ing the Bay Ridge branch OF the Long ISL
and Railroad from one and two track
line with impossible grades into two and
four track low grade trunk line, under
legislation intended TO provide only for the
elimination Of grade crossings.
The railroad company in its petition for
r,andamus order practically admits that
extensive betteTmentS are included in the
plans of the improvement as they are being
carried out, one-half-of the cost of which
is being assessed against the city. Ths
railroad was, according TO the company s
petition, originally built as summer ex-
cursion railroad for the purpose of carry
ing passengers 20 Coney Island from Man
haitian by one terminus which was situated
in Ions Island City and by another which
is situated at Bay Ridge, the latter OF
which was reached by tie Ssth street ferry.
The railroad was located through farm
property.
Since that time, the petition continues,
Brooklyn has grown so that almost the en-
tire area traversed by the railroad has be-
come built up and occupied by a large and
consested population. In order to handle
both local and through freights, the petit
tion states, many additional tracks, sidings
and switches will have TO be constructed at
points along the railroad to accommodate
the great increase in traffic.
The engineers of the Finance Department,
recltes the petition, claimed that because
the railroad, as existing at the time the
grade crossing act was passed. operated
over only one and two tracks, which did
not cover the whole right OF way, the
Brooklyn Grade Crossing Commission was
net authorized 10 determine that the con-
struction OF bridges across intersecting
streets 10 the full width of the right of
way was part of the cost of the improve
ment one-helf of which was to be paid by
the city, and that the commission should
have included I'm such joint account that
part of the cost of such bridges as would
accommodate the tracks that were actually
in existence at the time the work was au-
thorized, and that the difference between
tho cost OF such n bridge and that covering
the full width Of the right Of way was a
betterment TO the railroad, the cost of
which il must bear.
The petition also recites that, in spite OF
legal opinion given by the Corporation
Counsel 10 the contrary, former Controller
Metz was guided by the opinions expressed
by his engineers. and refused TO pay claims
for work done on the Improvement that
had been duly certified TO as correct by the
Brooklyn Grade Crossing Commission, a
body officially charged with the duty of
experimenting the work
II is understood that the present Corpora
lion Counsel will revise the stand taken by
his predecessors in office and that the city
Will contest the application for a manda-
mus order on the ground that the Brooklyn
GIade Crossing Commission exceeded its
jul isdiction in certifying claims payment
ef which is sought in the mandamus pro-
coedng. The conduct of the case has been
placed by the Corporation Counsel in the
hands OF II. 2. chittenden, of the main
cfflce. although previous opinions given by
the Corporation Counsels Office upon the
matter emanated from the Brooklyn office
Of the city's law department