The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-11-26
MAYOR HELD UP nth
Az. CASE, SAYS BURR
Charges Mitchell Has. Not
Acted Since He Gave Opin-
ion I'm May, 1918.
NO SUIT IN POLK'S TERN
Ex-Assistant Challenges His
Former Chief to Deny
His Statements.

The assertion Of Frank l.. Polk. for
mer Corporation Counsel and now Couh-
sellor OF the State Department. that
william +. Burr's dismissal from the
post of Assistant Corporation Counsel
was due to his inactivity In the citys
hight to get rid OF the New York Cen
trail Railroads tracks on Eleventh ave-
nue. has stirred up rumpus that pro n
ises series of daily explosions.
Mayor Mitchell. who went home from
Roosevelt Hospital yesterday. was un-
able to make "A statement. but will do NO
to-day Meanwhile, Mr.. Burr defended
himself against what he regards AZ an
unwarranted aspersion. and said that
Mr.. Polk evidently knew nothing about
the case.
Whatever delay there has been in
removing these tracks," he said. the
cause must be sought from Mayor
Mitchel--it lies at his door. not mine :
Mr. Burr had charge OF the Eleventh
avenue case for the Corporation Coun-
sells office for several years. On June
~, 1913. an opinion written by him.
w t.OunStl w atSOfl,
was submitted to the Board Of Estimate.
In this opinion ne said that the land
under wster"-the filed in land oi.
which the tracks lie-belonged TO the
city and not to the railroad. After
that date, MIR. Burr said yesterday, no
case affecting the West Side tracks was
Ia the Corporation Counsers Office. Not
until "A year later was Mr.. Burr's resig-
nation requested.
M suit In POlk's Term.
As a matter of fact Mr.. Burr said.
There was no suit pending relating to
the removal Of these tracks a, any time
} when Mr.. Polk was Corporation Counsel
Mr.. Polk H. evidently entirely unfamiliar
with the facts. and IL is dangerous for
any man. especially for a diplomat. 10
talk about something of which he "a
entirely ignorant"
Mr.. Burr pointed out that the Cour,
Of Appeals. on May 20. 1911. Will,
hslding that the railroad company had
n perpetual franchise TO operate within
the city limits. said that under the ro-
: lice power OF the state the company
could he compelled to remove its tracks
at its own expense The Legislature
in the same year followed this up by
passing IA law calling upon the railroad
to stop using the streets or pRrks>sAl
grade and uihorizing the company and
= the city 20 arrange for elevating 81
J depressing tho tracks. The cost es,
timsted at s5o.00o,oOo, WAS to h. born,
: by the company.
The Board ~ Estimate appointed a
: special committee on terminal improve
ments to take charge OF the matter
Mir. Mitchell, then President of thu. Boa r.
p of Aldermen. was chairman Of INA
committee.
| "On March 81. 1918" said Mr.. Burr
, the committee reported To the bcar'
u OF Estimate the proposed agreemen, will
the railroad company. The las. pub
lie hearing on this proposal was he'll
on May 20 1913. before III" Board O
y Estimate Mr.. Mitchell presided.
= Gave Opinion 10 Committee.
!, At this hearing Mr.. Burr said tina
In mis- opinion, the four and one-hal
miles of land under water" elaine,
|, 10y the railroad by adverse possession
a really belonged to IN. city. the com
pany having originally obtained II tan
r der a license.
, julius Henry Cohen. representing 'h'
!, Citizens Union. said at the hearing
Mr. Burrs opinion H. almost con
=, elusive on this whole proposition. he
A cause II shows that. instead OF the ct!
. | being al the mercy OF the railroad
stratcglcally. the fdlhoan II AZ Vhc 'h'ic.
4 OF the city.
r. President Mitchell Sald
f III that II true, there ~ strates'
Q advantage to the city which "" nav
T. no, recognized up l" the present 'ih.
l. but, If II Is not true th"re ~ no al
a vantage.
.r ON June - the FORMAL OPINION "
p the Corporation counsel ampltyin
ri what Mr. Burr had said, was ihld b.
A. fore the Estimate Board
= "The whole matter Nr' burr sai
.s yesterday. then rested with ,he Boar
p of Estimate and Mr.. Mitcheis commit
10 tee, and ever since then 1t has re
. mained with Mr., Mitchell as Prcsidei
- ! Of the Board Of Aldermen and as May
~ or. The undeniable fact Is that tn
=, tracks are stll being operated AZ grade
- prom that time until resigned ffof
, the Law Department. therc was no
y pending In the department amy matte
- regarding the removal of the New for
=, Central's tracks Of which | had an
q knowledge. nor did Mr., POLK ever spea
" time A. IA matter Of fact ! don't h,
lievc Mr. Polk understands what IN
lr ii,iga,ior was All about.