New-York tribune., 1910-02-01
l.. I.R. r. DROPS SUIT
Asks MAYOR TO CON
FER ON GRADES.
Plea for Mdndan'us With
drasrn in Hope of Settlement
Of Dispute on Cost.

Al rhe request Of the Long Island Rail
road Company the mandamus proceed
inss to compel the city 10 pay SZ2o,un
alleged TO be due as its share of the
cost OF eiin1ina ting grade crossings along
the railroad company's Bay Ridge
nranch. in the Borough Of Brooklyn,
have been discontinued.
This announcement wa. made yester-
day by General George ". Wingate,
counsel for the railroad company, who
said that this action had been decided
upon because there was prospect of a
settlement being arrived at between rep
resentatives Of the city and the COM
pany- The argument upon the applica-
ticn for q mandamus order was twice
postponed at the request of the Corpora
Jion Counsel's Office, and was on the
calendar of the Supreme Court IN Kings
County YESTERDAY.
The citys Law Department, as init
mated in The Tribune last week, was
prepared TO oppose vigorously the grant
ing of the nlandamus, Oh the ground that
the Brooklyn Grade Crossing Commits
lion exceeded its jurisdiction in certify
ing the claims for which paymenc was
demanded by the railroad company AMI
refused by former Controller Metz be
cause his engineers reported that
gigantic scheme of grade betterInent H'as
being carried out by the railroad com
panv under an act Of the Legislature
which provided only for the elimination
Of grade crossings.
PETERS FOR 4 CONFERENCE
II is understood that Ralph Peters.
president of the Long Island Railroad
COMPANY. has written tc Mayor Gaynor
suggesting that a conference be helo pc
tween representatives of the CITY ana
the company. to be presided over ny the
Mayor at which the merits Of the dis
pute shall be fully presented by counsel
representing both parties The Mayor
has not yet intimated whether he VIII
assent to such a conference.
Il, the mean time the Brooklyn League
has taken the matter UP and appointed
special committee 10 investigate the
whole question OF the cost to the tax
peyers Of eliminating grade crossings
along railroad lines in the county OF
Kings. with a view TO preparing for sub
mission to the Legislature bill clearly
specffving the amount for which the city
shall be liable in any further grade
crossing elimination work that may be
done in that county.
DIR. George ". Brush said IL was true
that special committee appointed by
the league WAS st work We beileNe
that the city ought to be protected, said
he. from being assessed in such large
sums for railroad betterments carried
out under authority of legislation de-
signed only Ia remove grade crossings. 1t
is most unfair that the taxpayers should
be called upon TO pay any part Of the
cost Of providing additional tracksge ac-
conlmcdation and lower grades for any
railroad. If the existing legislation does
not give that protection. and the opin-
IONS Of the Corporation Counsels office
state that such is tie case. the quicker
that legislation is amended the better.
1T would have been 4 good thing if
TIE u1andamus proceedings brought by
the Long Island Railroad Company had
been continued, for then, at least. we
aogld- have known just the extent TO
which the present act does protect the
taxpayers in this respect. So far as the
proposed conference is concerned there
is nothing I can say al present, for do
rot know al the facts
DISPUTE THREE YEARS OLD.
The dispute Of which the present stu
alton is the outcome has been going on
for more than three years between the
engineering staff of The Finance Depart
H7ent On the one side, and the railroad
Office OF, the other
The contention Of the railroad com
raH, If that the city is liz bic, under the
1erms II the Brooklyn grade crossing
srt. for one half the cost Of elevating
nd depressing the fun width OF the
r Sht of WAY no tracks Of the railroad
lire. The engineers of the Finance De
psrtment, on ths other hand. contend
hat the act was passed by the Legis-
latUre for the sole purpose Of eliminating
grade crossings. and that the city is
therefore liable for one-half the cost
al elevating and depressing the railroad
line, IS il existed and was operated al
the time the act Was passed.
Although the railroad company was
supported in its contention by legal opin-
ions from the citys law department.
former Controller Metz sided Rith the
lew Of his engineers, and refused to
make payments which had been duly
certified TO by the Brooklyn Grade Cross
II : Commission. These disputed claims
amount 10 S225 .0dse. ard just prior TO the
time the late city administration left
office at the first Of the present year the
railroad company applied for a man
danus order to compel payment of the
mount claimed.