The sun., 1917-03-23
TITLE FOREVER
ON DRIVEASkED
New York Central Grants All
Other Demands Made
by the City.
LIBERAL, MAYORS VIEW
Report Of Port and Terminal
Committee Is Sent to
Whitman.

Whitman.
Mayor Mitchell. on behalf OF the port
and terminal committee Of the Board
Of Estimate, last night sent to GOV.
Whitman a list of the concessions agreed
10 BY the New York Central Railroad
Company in connection with the pro-
posed West Side improvement plan.
which were made by the company as a
result of the series OF conferences last
ing four days between the city authori-
ties and the railroad offic.cls.
The concessions embody practically
every one of the notifications suggested
to the company last week by the Public
Service Commission, with the exception
Of the one giving the city the right to
lease It's water front property to the
company instead Of transferring II in
fec simple. Mayor Mitchell and his as
sociates on the port and terminal COM
mttee, with the exception Of Borough
President Marcus NJ. Marks. who did
not sign the report, informed the Gov
ernor that the concessions were most
liberal to the city. They also expressed
the opinion that the railroad company
would 90 no further in modifying the
proposed contract and the Improvement
must either stand or fall upon the
original contract with the additional
concessions.
VIII support New Biil.
The Mayor. however. made It plain
that should the Legislature repeal Chap
ter III Of the Laws of 1911, which au-
thorized the city officials to make the
proposed improvement. and enact q bill
giving the city compulsory power over
the railroad company tc make the Inn
provement< on the city's terms, he would
approve such a bill. But he warned the
Governor that he did not believe any
beneficial result would obtain should this
BE- done. He is of the opinion tina. no
better arrangements could be made,
with fairness TO the company. and unless
the present contract goes through II
will take possibly years before an agree
ment Is finally reached, II one ever 10
reached.
The concessions agreed to by the COM
pany remove many OF the features OBJ
iected to by the enemies of the contract.
The company agrees to permit the con-
struction Of a municipal railroad or any
other railroad above or below along the
marginal way OF its proposed route.
Inns uoSo NV dy WIN VIC SunI sc tIlht tIo
contract would give the company q
monopoly Of the entire West Side water.
front.
The company further agrees to give
the city complete jurisdiction over the
construction Of spurs and sidings into
Industrial buildings, warehouses and the
like, along its line, and also consents "a
apply for additional franchises for the
electric service ducts which IL is pro.
posed to locate In city streets outside OF
The areas in the proposed contract.
Basis for Fixtng Rates.
In brief, the concessions. in addition
10 those already mentioned, include thS
following:
The company agrees that the intangi
BILE privileges granted 1t by the cit,
Ownership of the waterfront land) ar,
not to be valued as q basis for rates, ol
FOR the payment of compensation in tn,
event OF public acquisition of the rail
road property at an amount In exces,
OF the sum paid by the railroad com
rsny under the contract This will pre-
clude the company from increasing IL
freight rates because Of its perpetua
ownership Of the right OF way.
The railroad company. In addition I,
o''No NAty anu DOWS
20 determine where all spurs and sid
ings shall be located, further agrees I,
limit its right 10 put spurs and siding
where the railroad Is constructed acros
any street, avenue or public place soutl
OF West Thlrtieth street. The same con
ditlons apply south OF Fifty-ninth stree,
The railroad company agrees to al
omnibus clause providing for n presen
consent by II to a future crossing eithe
above or below Its lines by q municipa
railroad. or by any other railroad, OF
determination Of necessity by the Boar,
OF Estimate. at any point from the Ney
York Centrars southern terminus Il
Manhattan to the city line, except acros
Inc property occupied by the Central TO
terminal yards. on payment OF adequat
compensation for such easement Of cross
ing, the amount to be determined by con
aennation proceedings according to law
The railroad also consents to havin
either municipal railroad or any othe
railroad, authorized by the Board Of Es
innate, attached to its elevated struc
'are between Fifty-ninth and Thirtiet
streets. The company agrees to sue
crossings without reservation or restrie
ton
Nanhartanville Concession,
The company consents, with respect I
'he future roof covering to be constructe
az the cIty's option and expense over tn
Mahhattanville yard, to the lnmedtat
determination of maximum clearance
and the inclusion thereof in the contrac
euch maximum clearances to be twenty
nNe feet, or at points where the roof {
the main line tracks rises to a highs
ieVel not more than sufficient to 'brin
the roof of the yard up TO a level wit
me roof of the main line tracks.
The company agrees to a relocation
columns IN Tenth and Eleventh avenu,
IN the region of the Thirtieth street yaI
N flch a way as to leave but one line
columns in the middle OF the avenue
p!ac" of Two, reserving thirty feet uno
Nructed driveways on each side Of sut
row Of columns.
The company agrees to such furth
c"riii'ation OF the language OF the pr
posed contract az will make definite nj
tertain the surrender by the railroad
an claim 10 franchise or rights or oper
t'a south of Canal street.
The company agrees to the incOrpor
Nol IN the contract of a suitable clau
providing for liquidated damages In 4
case Of default by the railroad compal
IN the performance OF it's promises, Al
rail'cuiarly In the case Of failure to COZ
pete the work within the times and
tne manner specified In the contract