New-York tribune., 1911-02-04
central TRACKS TO STAY
,i,v Cannot Abolish Franchise
" giohts in Eleventh Avenue.
,s PERMANENTLY ENJ0INE0
,,r;slature Has Authority to Re-
coke Permit, the Opinion of
Justice Loughlin.

..-o-t NJ ey-1pdge n. Cady Herrick.
zoe IN the action brought by the New
= central & Hudson River Railroad
lo,,. for 2 permanent injunction en-
80 the city from removing the COM
NiI racks IN Eleventh avenue was
pe.s..,,o,,sly upheld by the Appellate III
D"'-''r ~ the Supreme Court yesterday. The
w.. srstsined the point made by the ref
~. that the city had no power to abolish
s~arch.se rights Of the company in the
...ets l. as the railroad had obtained its
,,usr from the state.
eliza Ioughlin. while agreeing with his
',.sg,ss on the right OF the company to
'...r,iva relief. wrote an opinion dissent
~. ~ s-or, the view Of the counsel for the
80 that the legislature meant 70 give
20. ..r,ranv the franchise in perpetuity. to
4T .,so-sd even after the corporate exist
~ the company had ceased. Justice
Lnughlin sa41. .,,.,. -......,,,, o.. -.
Ito 20 the Legislature an intent TO
.,-,,, the railroad company, with its IN
I...,rr business, 20 continue the use Of
~. venues and streets in perpetuity.
is entirely for the Legislature to
- mr. revoke the permit and to require
y. ,s1road company, under its authority.
,nrcbase bv private grant a right Of
y. - ifs terminus over private property,
- - consent TO q change Of location Of
-. abroad companys terminus
rso AGITATION against the tracks OF the
-. york Central road along Eleventh
.r.,,e has been going on for many years
~esuit os the many deaths caused
- me trains o. the company running
,-.,,-b that thoroughfare and the in
...,.. indicted cu others, the victims IN
- cases being school children who had
..oe- -re street Societies have been
,.-red 10 put an end TO the tracks ana
,r. have been submitted I'D the Legis-
,..r-s 20 relieve this condition, but notn-
.-- has come Of these efforts.
IT,. BOARD of Estimate authorized former
r--.,,,b President Ahearn TO serve the
-. with notice 10 remove its tracks
- thirty days as being an unwar-
.....3 instruction 10 the safe, ordinary
- .,e streets. The city threatened TO
... tho tracks unless the company
..,,rraa with the order The company
s,,.,rsd a temporary Injunction restrain
,,g he city from removing the tracks
,,v;oa that suc1 action would be in viola
,'-- - .be rights o. the road, including rs
state charter
Assistant Corporation Counsel Burr who
has had charge Of the cirv's fight against
,.s vew York central. said Yesterday that
E, Immediate appeal would be taken from
ne decision Of me Appellate Division.
II am particularly pleased ar the dissent
,.r opinion Of Justice Langdon,' said Mr.
B,--. "as i- followed closely the contentious
@ the city.
TITS rot- -eable that the majority and nj
ro-itv opinions agree that It is the state
rather than the city that has the power 10
A., IN such cases. 4 close analysis OF the
opinions a.ong those lines seems TO point
dearly 70 a final solution Of the problem.
N- Burr would not say more. Il is be
leIed that the Attorney General VIII De
sss.5 t' take the case up and that certain
isgisls+fo~ NAV be introduced 10 brlng
sfrr, solution o. the problem.