The sun. [volume] (New York [N.Y.]) 1833-1916, 1916-01-06

ence regarding a phase OF the city's
financial burden cast upon the city from
Albany which. II accurately appraised
by city officers. is nothing short Of as
founding.
In brief It looks as II New York city,
obligated to pay S1s2, 600, 900 for the
construction Of State roads. not an inch
Of which is within the city. and $780,
900 a year Indefinitely for the upkeep
OF those roads. has been the victim Of
legislative and administrative action.
which liz In direct conflict with the State
Constitution. but which has never been
questioned up to this ime
The Constitution says. and has said
since 1898. that the state highways hall
be e%Quitably apportioned among the
counties. Since then. by referendum.
500. 900. 900 worth OF nifty year highway
bonds have been voted by the people.
but not "A cent OF the proceeds has been
spent in any Of ue counties contained
In the city of New York.
Ii Is estimated that these bonds. with
their interest m amortization charges.
will have cost $3.50. 900. 900 before they
are retired. AS this sum must be raised
by taxes Of which the city contributes
about 30 per cent. the city's share Of
the $260.000. 900 Will he S1S2.0OO. 900.
And when all the roads are built the city
will ave to pay $7.60o.o0o a year as its
share Of their maintenance cost.
Mayor Fakes Firm stand.
When Mayor Mitchell. before the Brown
committee last Thursday. said hat In his
opinion the constitution compelled the
State to give the i've counties OF New
York city a share OF the highways APP
propriations. Senator Brown replied that
until two weeks q he never heard of
such "A suggestion.
Later the Mayor asked Corporation
Counsel Lamar Hardy io make a COM
plete investigation with a view to find
ing some way for the city to get it's
share OF the highways in the future, and.
II possible. to compel the State 10 allow
the city money that should have been
spent here in the past. 1t is expected
that the results OF this inquiry Will be
apparent when Mr.. Hardy meets this
afternoon the members OF his STAN who
have been working on It.
Disrerariing II possible effect on his
political future that might result from
antagonizing the upstaters In control OF
the present and past Legislatures who
have seen their home districts maca-
Gim!zei at the eNpense OF New York
city. the Mayor says that he will see
this thing through. wherever II leads"
IL nave been amazed n incensed at
the treatment New York has received at
the hands OF Legislatures In the past"
he said yesterday. 81 believe 1t IL time
for a showdown that will determine
whether or not the people OF this city are
entitled TO equal r'.rts rs citizens OF
the State or WHISTLER they must forever
continue TO be treated as the states
stepchildie The city has done too
much for the state TO he Houted and
robbed without protest
Lawyers See Violation.
The Mayor is a lawyer. but az TO the
legality OF the exclusion OF New York
city from the States highway pro-
gramme he has consulted other members
of the bar more fully Informed on con-
stitutlonal matters. They have advised
him tina; in their opinion the Constitution
has been violated Here Is the language
Of section -. Article , of the con-
stltution. adopted on November I, 1905
"A debt or debts Of ne state may be
authorized by law for the improvement
OF highways. such highways shal De
determined under general laws. which
shall also provide for the equitable APP
~portionment thereof among the counties.
Unless THE counties" means all the
counties OF the state II doesn't mean
anything. in the opinion OF the city's
legal advisers, Yet not a foot OF the
1900 miles Of highways built or au-
,horized by the Legislature since 1909
lies within any Of the counties or New
York city. The people. by a referendum
I'm 1908, authorized a $4,000. 900 bond
issue for highways. This has all been
spent. In 1912 a second S3o.OoO.0oo
bond issue was voted, OF which $780,
coo, 600 IL unspent. New York. paying
30 per cent, has not received "A cent, but
according to the report OF the state De-
partment Of Efficiency and Economy for
1915 the state. out OF the proceeds Of
the first bond issue OF $50, 600. 900. spent
s1.lN5.00O on the streets o: other cities.
In 1907 the Legislature Q. in appropri'
n,ing $4,000. 600 OF the bonds that had
been authorized. prescribed thirty-eight
routes that were to he built. none Of
which included any roads in the city Of
New York. This excluded New York
city from participation in the proceeds
Of the $50. GOT. 900 bond issue OF 1906.
$4,000, 900 In 1912.
In November. 1912, the people voted
ON referendum to issue 100000. 900 more
Of bonds, $50. 100000 to be apportioned
10 general State highways n $4,000
600 TO county highways. section 4 OF
the referendum provided
The state Commission on Highways
Is hereby directed Immediately after
This law shall take efrect. to eQuitably
apportion among the counties containing
towns the total amount of money hereby
authorized"
The Constitution. II will be recalled,
saws that the highways must be equi-
tably apportioned among the. counties"
New York city has Ave OF 'the ooun-
ties" Yet the referendum OF 1912, re-
stricting the benefit of the new $780,
00O, 900 bond issue to "the counties con-
tanning towns excluded New York city.
which has no towns The city now
contends that the referendum was un-
constitutional.
The language OF the Constitution
aid Mayor Mitchell yesterday. rs 20
plain tina, ! do not see how any other
Interpretation can fairly be placed upon
1t. The constitutional amendment of
1905 provided for the creation OF debts
for the construction of highways. II
provided that these highways should be
equitably apportloned among the coun-
ties, II was further provided that debts
for highways could not he created ex-
cept under authority Of that particular
amendment, thereby depriving the Leg
i~slature of the right to create a debt
for highways which were not equitably
apportioned. Why ito preceding city