New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-05-25
VET0ES nth AVENUE BILL
Board of Estimate COmmIttee )
Letter to Mayor Too Late.
GAYNOR URGES OTHER PLAN
Condcmning McManus boyiah
Measure, City's Head Com
mends Sen tie Bill.

DtNlhiiiS iiihN IL
cedents and authority because it proNIues
for the removal of the tracks OF the Ne"
York Central from the surface Of EleVeh'"
avenue without providing for piaciils
them either overhead or underground
Mayor Gaynor last night forwarded 10 t"e
Legislature his veto OF the McMahu'
Boylan bill. IL it were allowed to pecoi,s
n law. he said, all that would ensue "oui'
be a lawsuit in which the city wouId io'e'
1t was known during the day that Con
troller Prendergast, President Mitchei u
the Board Of Aldermen, and Bo:ous"
President AIcAneny, representing
Board of Estimates Eleventh Avenue
Committee, were preparing a letter 70 '"0
Mayor urging him 10 approve the meas
ure The letter reached him, however
after he had already vetoed the Dill
The Mayors memorandum Accompanies
his veto is as follows:
CITY OF NEW YORK
OFFICE OF THE MAYOR. ,o,,
May "A, lsii I'm
Memorandum TO accompany seha'e
No l257 Int. 757, entitled .yo
IAN act 10 repeal portions of chapter w
hundred and sixteen OF the laws Oh eie
teen hundred and forty-siX, entltieu I'll.
act TO authorize the construction " srd acts
road from New York to Albany anu a. al
amendatorv thereof and supplemental
thereto. and TO forbid the use Oh fe n l.as
thoroughfares by steam surface ram l az ~.
in New York City, and authorize r tnT
location OF Sucn rallrodus Ny 40
with said city. 49,, e.. .l;e bilI TO
1t would be a vain thing for tins OH 10 10
become law 1t purports 20 repTae
much Of the act of 1916 and its amemo,
ments as permits the New York Centra,
& Hudson River Railroad Company ~ ~,
maintain and operate railroad tracks ~ ~.
the city OF New York on the suIhace ~
certain streets. u does not prescribe ans
substitute by authorizing and directing t ,e
tracks to be placed overhead or ulluci ~,
surface Of the streets, or that ne" toT TSs
be acquired through private propet'ii IN the
said streets cannot be taken away from
il by repeal or by new legislation uniess
such legislation positively proHHlue as the
courts have often held under What 10
called the police power of the state
The foundation OF that power IN the Lfs,
islature rests upon the public salety, nsa sad
or comfort Conditions have so cnahse!s
since these tracks were first autnorIzea, anu e.
laid that the public safety and comfort re.
aure that they should no lonser pe OF ' ~.
surface. but overhead, undetsIo oeis1. ton
TO get rid of them needs TO positiVey p.e'
scribe substitute in order TO De enec''Ne'
Such a bill should be at once passed; .,,
Safe precedents exist for such leglslatioll
in the act for the depression of the Long
Island Railroad tracks in Atlanuc aEenue;
Rroo<lvn. and the act for the elevation OF
the New York Central & HUDSON rye
Railroad tracks in Park avenue, Manhat,,,
tan The bill before me dlsresarus az
precedent and authority. II IL Were a. "a
lowed 10 become law the company , W9uiu
simply disregard II and refuse 10 Duuse.
| All that could ensue would be a hVe-year
lawsuit. in which the city would lose.
Senator McManus and Mr.. Boylan, OF me
Assembly, are entitled to the highest cIeul !
/ l. flN
removed from the surface OF the streets,
but this bill would postpone that event IN
place Of bringing it about There is nov
pending in the Legislature Sehate az stnsi "a
i1S3 which would accomplish the uesreu
II and its two accompanying bills we're
carefully drafted under the supervlsIon ol
the Commissioner of Docks and the Mayor
and n is gratifying to know that MT NC
Manus and Mr.. Boylan Will now further
their passage. They provide for me prep,
| aration of plans by the Board or tstimate
! 10 uut the tracks overhead or undersrouiiu.
and the company has agreed to accept the
legislation when adopted . , 4,
7 triist no time will be lost in passing IT,
instead of chasing after false gods or FOL
! iny,inC IRRESPONSIBLE advice. Some amend
ments may he necessary But the HlaIll
thing row is to get SUBSTITUTE plHns ~ :.
nar.d and adopted, and the constructor
triiI follow ANY further necessary detal :
~ legislation may be easily obtained from
time to time. ~ ,,.od out
The legal principles l nave pooi't1
,aro have been often decided by the highest
soqrts People vs. u 4Brif f95 \ II " y sal: X
v Central r. r. Co VS. Williams. lSy y
Y. IL: St. LOUIS : R 3. g. p CO. l'S 1sa r z
W S09 These principles are also fuiiy
recognized in the recent decision sion. OF I me
Court Of Appeals concerning r, MAYOR.
tracks. w d. VA
IN asking that the Mayor approve the Dill
Controller Prendergast and the other mem
beers OF the Board of Estimate committee
said they believed it would faciiitate an
early conclusion Of their work.
although the constitutionality OF tho
,,eaeurs has been raised IL is our BELIEF. '
they wrote, that Il should not deter you
as Mayor OF the city from granting an ap'
proval of the bill. In the face OF this pure
~ technical question, which is the only ar
eument advanced against the approval OF
the bill, II is our opinion that practical con-
siderations OF the very greatest weight are
all on the side of immediate approval.