New-York tribune., 1910-01-08

ler's engineers assumed an attitude of hos
tility TO the whole improvement and threat
ened to order a complete stoppage of work.
even while admitting that the railway had
previously been imperative because of ex
cessive grades.
The impasse resulting from the stand
taken by the railway company brought
about compromise. described by the Cor
poration Counsel in a subsequent opinion,
in which 1t was declared that the plan
proposed by the railway company should
be accepted, inasmuch as the carrying out
of that plan was essential to giving the
railway a grade reasonably fitted for the
nature OF its traffic and other purposes Of
operation.
Acting upon this compromise opinion,
which the report of the Controllers engi-
neers states gave valuable concessions not
warranted by law to the railway company,
with no compensating tangible benefit to
the city, the railway company's plan was
assented to on the basis that the city was
to pay one-half the cost of the entire
work
Another important feature of the rail-
way company's plan for the improvement
of this section of it's line is the eXcava-
tion of a tract of land to be used a
freight yard. This land. the report states.
is above the level of the surrounding
streets and greatly above the grade of the
railway as il existed at the time the act
was passed. except the very small portion
that was used for two sidings,
BLOWS HOT AND COLD.
The Corporation Counsel in his first
opinion unequivocally held that the exca-
walton OF the site of this proposed yard to
the proposed grade of the railway must be
done at the sole expense of the railway
company. Under the compromise opinion
subsequently given the freight yard exCa-
walton was included within the scope of
the improvement one-half the cost of
which is to be borne by the city.
The reports of the Controllers engineers
point out that this extensive reduction in
grades. including the freight yard layout,
on this section of the railway is being Sc
cured by the company through loading the
cltys share of the cost for abolshing
grade crossings with charges clearly ex-
cluded under the section of the law prohib-
iting betternents whether provided for in
the act or not
II is pointed out that the elimination Of
grade crossings in itself is a work that
tustifies very considerable expenditure by
the railway company for the freedom en-
joyed thereafter from crossing repair
charges. watchmen and gatemen's wages,
the necessity for reduced speed and the
danger and consequential damages in case
of accidents, with possible complete tenn
porary suspension of traffic.
In Chicago. the reports say, a vast cross
ing elimination work has been under way
since 1902. Details of the part of this vast
undertaking that has already been com
pleted, given in a report made 70 the Board
of Estimate. show that some seven hun
dred and fifty miles of track have been
elevated. involving the abolition OF some
eight hundred grade crossings, at cost OF
$50. .622 900, and that the city's share for the
work done was less than $50, 900.
Commenting upon the certifcation by the
Brooklyn Grade Crossing Commission OF
claims against the city for it's share OF
grade crossing elimination work that in
cludes betterments, on the ground that the
question as 10 the correctness of the plans
was not matter within its discretion, the
report of the Controllers engineers states
I submit that it is not within the dis
cretion of any commission any city Off
cial, by so-called compromise or agree
ment, 10 call the city to share in joint
account charges loaded with an excess
well beyond a million dollars for what are
so palpably railway bettermentS, when tbs
! exclusion OF these charges is made manda
| tory by the act creating the commission
| and ] would recommend that the commits
| sicn and the Corporation Counsel be ad
| vised. with copies of this report, as indca
! tive of the attitude OF this department.