New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-05-20

distinct victory had been obtained by the
people. while the railroad oficials took the
view that the way was now opened for
reasonable and deliberate agreement De-
tween the company and the city.
Assistant Corporation Counsel Burr "no
argued the case for the city in the Cour
OF Appeals. pointed out that his contention
that the railroad company had no per
petual nor irrevoca BILE right In the stree's
was fully sustained by the highest cour'
in the state The decision. lie said. demon
strated that the right TO operate trans
within the city might be revoked by the
LEGISLATURE. and that, while the right oio
exist. the operation was under the full con-
troll OF the Legislature. An appeal from
IN. present decision. he held. would never
succeed.
Clarence J. shearn. another lawyer prom
inent In the crusade against the West Slue
tracks. was OF the same opinion. the oe'
cision of the Court OF Appeals. he de'
elared, is in reality a sweeping victory f"i
the city. II distinguishes between 'he
franchise of a street surface railroad ~
OCCUPY the city streets and the franchise
Of a steam railroad, and decides that the
LEGISLATURE is entirely competent TO COM
pel the tracks 10 be relocated"
In statement given out last night by
Albert n Harris, general counsel for 'he
New York Central, the railroad sho"eo
itself nov willing 20 meet the city nan
way While insisting on the fact that the
company had a franchise from the state 10
maintain and operate its tracks. and tha'
the franchise had not terminated. the state
ment wen. on as follows
The franchise right OF the COMPANY nav
ing been established. the way is no" open
for an agreement between the COMPANY ana
the city, under proper legislative authoiiS'
which will provide Cor the relief OF exist
ing conditions on Eleventh avenue. and lot
the provision Of adequate and modern 'e'
minals. which are required as rnucn IN 'he
interests OF the city and shippers as OF the
railroad company"
7, was learned at the once Of Viee-Presi-
dent Ira A. Place head Of the law depart
mert Of the railroad. that the company
looked TO the McClelland- Walker BILL re-
ported out of the Rules Committee nish'
before last and coming up for nearing ~
the Senate before the Railroad COMMITTEE
on Wednes day, as the most acCeP'ap'V 50
luton OF the present difficulty. THIS Dill
provides that before October OF TINS year
tire railroad shall submit plans for Wes'
Side improvements 10 the Board OF E-su
mate. that the board shall propose such
changes as II sees NJ, and that AFTER an
agreement has been reached the railroad
shall be allowed four years for the IN
stalIation of an electric system on the
West Side and six years for the entire I'M
proyement.
Tentative plans have already been drawn
up by the company which, it was sald are
ready for submission 10 the city. IheSe
propose an arcade and promenade over
the tracks along Riverside Drive 10 the
Goth street Yards and thence an elevated
structure along the marginal way 10
freight terminal on the river about oppo'
site the present congested terminal az >,
Johns Park The estimated cost or suCi
improvements is between t5o0o.VW ahd
$50 ooo 600 and. according 10 the COMPANY
they would mean TO the freight business
Of New York what the new Grand Centra
Terminal will mean 10 the passenger ouSi'
ness.