New-York tribune., 1910-01-09
METZ VAIN EFFORT
ECONOMY HIS 1IM.
Sought to Hare Grade Cross
ing Opinion Changed.

which this work has been proceeding for
The last four years.
This Is one of the drastic passages from
2 letter written by former Controller Metz
10 Corporation Counsel Pendleton In his ef-
forts TO secure a revision of the opinions
given by the c;tys legal department in the
BROOKLYN grade crossing matter. For two
wears Controller Metz had insisted that the
city was being compelled 20 pay hundreds
of thousands of dollars for which it was
not legally liable. This. he contended, was
the fault OF the CORPORATION Counsels office
in siding with the railway companies and
against the city IN the Interpretation of the
law authorizing the removal of grade cross
ines along the lines of the Bay Ridge
branch of the Long Island Railroad Com
psnY. After delusing the city's legal de-
psrtment with reports from his engineers
cea1ing with the merits of the question in
dispute the Controller began a lombard
mont with personal letters demanding that
the Corporation Counsel reverse the stand
taken bv lis office in order TO protect the
Citys interests.
in letter written in June 1908. the Con-
trolier called attention TO the fact that af-
ter a conference between the officials OF the
city's legal department and his engineers
a promise had been made of a prompt and
careful review Of the Objectionable legal
opinions previously given. In the hope or
an early compliance with this promise the
Controller said he had DELAYED final action
upon the plan for the purchase OF addition
Al property fer slopes along the railway
needed in the work of the Improvement.
Again, in August. 1908 the Controller
called attention TO his many previous re-
quests for a review of the legal opinions
under which the city was being assessed
Er-s
the railway company. and said that the
work was advancing at such a rate that
speedy action by the Corporation Counsel
was necessary If the city's interests were
10 be conserved along lines which, to his
r2ind, were definitely assured to II under
tie act authorizing the work.
METZ FORESEEs MANDAMUs
In February. 1909, the Controller informed
Corporation Counsel PendletoE that an ap-
rIication fer corporate stock had been made
40 the Board of Estimate by the Brooklyn
Grade Crossing Commission TO provide
funds for the city's share of the cost of the
Improvement 4 similar request had been
made 20 him personally, and he had reason
10 believe that this direct request to the
Board Of Estimate was a preliminary move
toward serving mandamus TO compel the
city 10 provide the funds asked for. lie
had time and time again urged the neces-
sity for immediate consideration of the
representations made by his department.
that these claims against the city, in spite
of the legal opinion to the contrary, were
fully barred by the law.
In case OF a mandamus being sought
he said. -'the anomalous condition will arise
OF my seeking your department in relief Of
= further recognition OF these opinions
under which the work has been proceeding
Tor the last four years. / had hoped that
my frequent communications upon this
matter would have secured an early review,
snd l still hope that I may be definitely
advised. that the Grade Crossing Com
mission may have returned TO it the pend
ing vouchers for correction III accordance
Herewith. in time 10 forestaIl any such
move as [ now foresee on their part against
The city
But even all This did not move the city's
l"sal officers. for IN August. 1893, there -
another letter from the Controllers depart
;Gent stating that "the point has now been
reached when I must request your irnme-
diste cooperation in aid of settlement of
these important questions" This demand
was made at the time further structures
were being planned in connection with the
work which the Controller contended were
without the scope of the enabling act, the
cost OF any part Of which could not De
legally made q charge against the city.
In previously published articles The
Tribune has given a complete summary Of
The preceding correspondence between the
CONTROLLERS Office and the city's legal de-
Dartment setting forth the extent to which
the city was being overassessed for its
share Of the cost OF aboIishlng grade cross.
inEs in the Borough of Brooklyn.
CITY WRONGFULLY ASSESSED.
Under an act of the Legislature passed
81 1893 the Brooklyn Grade Crossing Com
mission was created to supervise the work
a. abolishing grade crossings along the
lines Of the Bay Ridge and Manhattan
Beach branches of the Long Island Rail-
road and the line Of the Brooklyn
Heights Railroad BY the provisions Of
Tie act the city was 20 pay one-half the
cost of tEs work. When the railway COM
Tanies flied plans showing the nature and
extent Of the improvement the Brooklyn
Grade Crossing Commission pointed out, in
report TO the Corporation Counsel, that
these plans called Tor the elevation and de-
preston of the entire width of the rail-
way companies rights Of way. This meant
that instead OF the city being compelled
10 pay one-half of the cost of carrying the
existing railways over Or under streets and
Hvenues. II was called upon 20 pay half
Inc cost OF converting the entire width Of
The rights Of way into roadbeds available
Tor additional tracks.
At points where the existing rights of
way had TO be depressed retaining walls
had 10 be constructed with easements upon
private property. and where the existing
rights OF way had to be elevated additional
property had to he purchased for slopes
AL bridges spanning streets and avenues
and all viaducts carrying the railways un-
Ger streets and avenues had 10 be the full
width Of the right OF way.
The plans Of the Long Island Railroad
Company for its bay Ridge branch in ad-
cition called for extensive depressions Of its
right Of way 70 remove excessive grades
involving. upon one section Of the line, The
construction Of an aTched tunnel, over a
mile in length. ~ cost estimated 1T over
.l.e90oeo
Upon another section of the same line.
where the existing railway was operated
ia an open cut, with intersecting streets
and avenues already carried over the rail-
way by adequate viaducts. the plans called
for 4 further depression Of not only the
existing tracks but Of the entire width OF
TIC right Of way. This meant tearing down
existing yiaducts upon a section OF the
galway where 40 grade crossings existed
a. the time the act was passed and re-
ufg-inly fl1pYl with steel bridges n carry