The sun. [volume] (New York [N.Y.]) 1833-1916, 1916-05-05
WEST SIDE TRACK
NUISANCE ARGUED
n. Y. Central Counsel Says
Bill AbOliShing Grade Is
Needless Legislation.
PUBLIC HEARING Is HELD

Mayor Mitchell held u public hear
ing yesterday on the bill passed by tho
Legislature which declares the opera
ton Of trains ~ grade by the New
York Central Railroad on the West Side
Is a nuisance and m tkcs II mandatory
upon the Board Of Estimate to pro-
vide for the removal of these tracks In
the event that within three months after
the act goes into the effect the railroad
company has not flied with the board IFS
own plans of improvement. Under the
bill the railroad company gets thr'e
months to decide on the acceptance u
the plan witch may hc submitted by
the Board Of Estimate. The work
under this agreement must he finished
within four years.
IT the Board or Estimate and the rail-
road company do not agree on . plan
within fifteen months the railroad COM
pany within seventeen months from tn"
time This act takes effect il required to
file plans and prnilles for the location of
It's tracks under ground along the stree x
and parks from Spuytcn puyvil to ST.
Johns Park. except where otherwise
authorized by the Board Of Estimate.
Should the railroad company fail to
reach an agreement with the city and
should II fil Ia make pans for putting
It's tracks under ground the Borough
President is authorized to remove the
tracks.
New lOrk tcntrnI's Plea.
Ira \. Place. counsel for the railroad
company. argued against the hill on the
ground that II was useless legislation.
He pointed ont that the Board Of Esti-
mates committee on port and terminal
facilities has already reached an agree
mcnt with the railroad ompany for a
comprehensive treatment of the West
Side situation. This plan provides for
the elimination of the tracks al gradH.
for the putting Of some of the trackage
under ground and for carrying other
sections of II on an elevated structure
through the commercial district of the
city. An agreement covering every
phase OF the proposed Improvement has
been made and public bearings are now
being he'd on various features Of 1t by
the Board of Estimate. These hearings
are preliminary 9" the signing of a final
contract under which the agreement Will
BE- carried out.
julius Henry cohen. r~sprcscntiug the
Citizens tn'nu. the city tiuh and a
number of civic organizations interested
In this problem. spoke in favor OF the
bin. During the hearings before The
Board Of Estimate MIR. Cohen has said
that his analysis Of the present agree
ment convinced him that at many points
the committee on port and terminal
facilities had been unable to get what
was best for the city because Of the
hampering of the law Of 1911. This WIS
denied by Comptroller I'rendergast. who
said that the committee had not been
aware Of legal difficulties in reaching its
agreement.
Power 10 Make n bargain.
This bill" said Mr.. Cohen yesterday,
"unties the hands Of the Board OF E.sti-
mate completely and gives its member
the power TO make the best possible
bargain for the city of New York. II
was atgu.d before the Legislature IN
opposition 10 this bill that the city and
the railroad company were about to
come to AN agreement FOR a solution OF
the entire problem but At the public
hearings already had serious criticisms
have been mad" of the report nf the
committee ON port and terminal ftcili-
ties, No contract has yet been drawn
by the corporation counsel and no con-
tract can be drawn until the Board 81
Estimate adopts the report or otherwise
dispose Of II.
IF the port and terminal
had had the leverage of this legislation
II could undoubtedly hav" done far be-
ter. The Legislature has, even at this
late hour, put the city IN the position
II should have been placed in before
these negotiations begau. Unless the
Mayor b. prepared to treat the present
report a. final and the proposed range
ment as complete this bill should be
Oigncd."
Mr.. coheu's theme was that under the
. law Of 1911. upon which the pending
agreement is based. there is nothing 20
inSur. the making of the Improvement.
The bill now before the Mayor is man
datory and says that within a limited
time "A fiud contract must be signed or
the grade tracks may be removed Oh
order of the Borough President.
George r. Thompson. chairman Of tho
Senate Committee on Public Service. said
that during his ten years in the l<gts-
laturc the West Side situation had been
q continuing thorn in the side Of the
legislators and tina; they wanted II set
tied now 50 that they would never be