New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-03-16

made without discussing the relation OF
each item 20 al other features OF the
contract, and u IS no, feasible 10 COM
pare things unlike IN character.
That is so in this case, for at the
very beginning you condemn the theory
or basis upon which the proposed con-
tract hss been constructed. Being IN
able 70 point out, either through the
efforts Of your real estate expert or
otherwise. that the valuation placed
upon real estate exchanged or trans
ferred is inaccurate or unfair, you shift
your ground 20 the so-called rent basis.
rents to be readjusted at short inter
walls.
Not New Enterprise
AS TO that suggestion, | mag say,
once and for all. that in view OF the
circumstances and conditions that this
is not a new enterprise; that cur exist
ing rights are without limitation as 10
time; that We are not acquiring any
new franchises; that the proposed plans
contemplate reconstruction and i'm
provement, at large expense, OF existing
facilities; that the new lands or in
terest in lands required from the city
70 make these improvements and the
structures to be put upon them will
form part Of an integral whole. in
capable of separation without destruc-
ton of the entire facility; for all these
reasons and others equally pertinent.
the company could not consider the
large expenditure on short or limited
term leases
Mr.. Place pointed out that the West
Side plans involved ar exchange OF
lands, and declared that IL the land 10
be acquired from the city should be ac-
quired on a rental basis, subject TO pc
rlodical read ustments, II would be just
as fair that the lands conveyed by the
company 20 the city should be on a
similar basis.
Mr.. Place declared that the terms OF
the contract already negotiated were
extremely favorable TO the city and
extremely burdensome 10 the company.
you make no serious criticism OF the
physical plans as a whole, but many OF
your proposals are such that even IL
they were adopted they would have TO
be met by other considerations"
Changes Suggested
The changes suggested in the memo
randum referred to by Mr.. Place In
cluded:
/. That. instead of the exchange Of
real estate there be adopted, as the
basis OF the opportunity TO the company
to expand the exercise of its right, the
principle of grant of rights along
or across street and other property
dedicated to public purpose upon COM
pensation for fixed periods and read
Unstable thereafter.
2. That the company stipulate that
as a basis of rates and services to and
from the city there be included only
the actual cost to the company for
rights and improvements necessary for
railroad operation within the city.
3. That the company stipulate SINH
larly in case public authorities here
after determine to acquire b. purchase
or lease the properties Of the company.
4. That provision be made for
more complete and adequate public in
spection and supervision of construc-
ton and for the determination of cost
of construction.
{. That any balance due by the city
TO the railroad. under the land ex-
changes or terms Of the contract,
should be paid by the rentals charged
by the city under the agreement until
such balance against the city is liqui-
dated.
G. That the right to construct and
use ducts. tunnels, etc, necessary for
railroad operation, in. along or across
streets or other property, should be
granted with read Unstable fixed pay
ments.
Shall Obtain Franchises
:. That if such duets. tunnels, etc,
be used for serving tenants or others
with electricity or other facilities, or
used for other than railroad purposes,
the company shall obtain additional
franchise grants therefor
8. That public control over direct
connections for industrial buildings or
public warehouses be reserved so as TO
assure equality Of opportunity.
Q. That time limitations be included
for commencement and completion Of
change Of motive power. construction
OF right of way, etc, with provision for
liquidated damages or other penalty
for default.
TO- That the city shall be unre-
stricted in the use of roofs or cover
ings over any part OF the railroad
II. That tho city shall be unre-
stricted in IT'S right to attach or TO
gran. the right to attach structure in
the marginal way 20 the railroad on
Twelfth Avenue.