New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-11-30

ton of the West Side problem is to DC
sought through mutually accsptanfe
agreement or through use OF the regu-
lative police powers of the state, the
FIRST and precedent step ought, IN the
judgment of the joint conference com
mittee, TO be definite ascertaInment as
to the railroad cOmpany's present
rights.
"No agreement based upon the theory
of payments or allowances by the city
to the railroad company should be con-
sidered without conclusively ascertain
ing whether the company in fact mas
any rights for which it should be COM
pensated or advantaged by the city.
mo action ought 70 be taken by state
authority TO compel the railroad TO
change, at great expense, the grade OF
its operation in any street until II mas
been ascertained whether the company.
without obtaining a fresh grant Oh
right. has now n right TO insist on us
use and occupancy of that street at any
grade and A. all.
Should Act Before December.
"Thst there should be set in motion
before December / the steps when
will lead 10 the early aseertalnment
Of the railroad company's rights, II
any. is the view of the joint confer
enee committee, which has especially
in mind the fact that the mandatory
provisions Of Chapter 719 Of the Laws
of 1917 become operative on Deeeih-
Der /.
"The joint conference committee
does not believe that the railroao
company should. through any failure
Of the present Board OF Estimate anu
Apportionment 10 act before Decehl-
Der l. be pat in position TO even ar ~
sert and claim that such Inactlon UNI
after December 1 has fort1hed tne
claim OF the railroad company to street
rights not now defensible against re-
assertion of public right.
eft will be noted that the suggested
resolution contains no suggestion oil
che tearing up OF tracks or lnter!er-
ence with the company operation.
ANY such interference with tracks of
oneration could com, only from
later and separate action by the Board
of Estimate and Apportionment-
The question arises. the commlttee
ssvs whether the railroad compan!
derived its rights in the streets OF
the eitv wholly and directly IRON lIs
state and under the act OF 1910 IL
the railroad will take dehnltely thas
position. the committee states tna' ~
will withdraw its recommendation.
'@Rnt the railroad has not taken, ana
,,. do not believe will ever take, sucn
n nosition," the memorandum says.
/, 4, nointsd out that the act unaer
,,bicb tho railroad obtained IT'S iran
cbiea provided that the right TO COM
raonce the railroad in New 1olK Wy
r,os donondent upon the consent OF
tbn citv first being obtained, ana 'h.'
tLe act contains no provision lor ene
ocrrnancy of any streets or avenues III
tho citv. with or without suen con
ecot The committee CONTENDS lha'
thn railroad company obtained mercy
= license under the ordinance OF loi''
and rot q contractual right, and IhaI
the very nature OF this right was oueh
Tho. il might be revoked at any time
ms mere permit, by the repeal OF the
ordinance OF 1S41.
As long as the old ordinance stanas
unrepealed, the memorandum states
the railroad company has a refuge
against any interference by the state.
In conclusion the memorandum says
"The Joint Conference Comnlttee
earnestly asks that the present BOARD
Of Estimate place no obstacle IN the
way of the plans and efforts OF me
Joint Conference Committee and the
Public Service Commission for the
First District to reach acceptable re-
suits in this West Side matter.
ar the railroad company holds It's
use and occupany of city streets sclely
by virtue of a repealablc ordinance. or
holds its franchise only on condition
of the continuance of the city's assent,
then the repeal Of the ordinance Will
mean that never will any agreement
carry provision for payment or allow
ance TO the railroad company for rights
already subject TO public recapture.
"If the repeal of the ordinance be
held Intellectual as 70 terminating the
oompanys rights, then no harm can be
done 10 the rights OF any one by ITS at
tempted repeal, and an adjudication
will clear the atmosphere.
"If the result of municipal repeal OF
the ordinance is a judicial decision
throwing the railroad company back
solely on its franchise rights under the
act Of 1854, which can be neither per-
r.ctual nor unamendable, then the pub
lie right anl rover TO deal with this
company will have been rsestablished."