New-York tribune., 1917-11-21
Repeal of Old RaiIro,,
Ordinance Recommends
by Conference Committe.
May Ask Removalo Of
All Tracks at Grad.
Report Says Board of E,,;.
mate and Service Comm,
sion Have Power to Act

S oWCi 10 ACT 4
The joint conference comri,te. =,
the Board Of Estimate and the p,.s
Service Commission on the West SI
improvement, having fai!ed in an =,
fort TO get the New York Central p,a
road Company TO entertain 2 new -.
posal fo- the solution Of the W..
Side problem, yesterday recommers,,
drastic action against the rsg,o,,
company, in a report made 10 a,
Board of Estimate and the commi,,.,
The committee recommends an \,
mediate repeal by the BOARD Of p...
mate of the oId city ordinance clo,,,.
May 6, 1917, by which the city eras..,
the use of certain streets and ayenu.
to the New York Central comma,
The committee points out that. h h
cpirion, the railroad company did M
pcquire a franchise under the ops.
ton of this old ordinance, and that n
city still is free TO revoke il AZ N,
time and preclude the RAILROAD tr,,
using the city streets. All preyov
negotiations with the railroad eomr,r,
tave been based on the premises h,.
the railroad had q franchise in bes
petuity.
Wants Old Permits Revoked
The committee also recommends M,
resembling of all other resolu,io,,
passed and permits granted 10 the NJ.
ioad company subsequent to the enss.
ment Of the ordinance Of lsl7. The y.
port further intimates that the Publ.
Service Commission will proceed q
compel the railroad company to recon
I its tracks from grade after December
2 power delegated 20 the c0mmissio, h
/ he Ottinger-Ellenbogcn law passed .ss,
year, provided 4 settlement, had 10.
been reached with the railroad conpuy
by tha. date.
The committee recognizes the prsss.
bility OF extended litigation between
the city and the railroad company over
the matter, but declares that, in .n
opinion, il is desirable that such se,t,
be taken at this time "in order 70 y
establish public rights and clear T.,
way for definite ascertainmeai q
just what rights and titles are non
held by the railroad company gtich Is
standing in the way Of a fair, cons,pt.
tive solution of the West Side problem,
in proper relationship to the better at.
justment of all the facilities Of ne
Port of New York.
The report states that il s not r.,
intention of the committee TO recor.
mend any action without the exprto
sanction of the Public Service Gomez
sion and the Board Of Estimate sit
other public authority which might 10
volve actual interference with The op'
Grafton Of the railroad during the con-
tinuance of the world war. The exist
ence of the war, however. is no resso,,
in the opinion of the joint commIttsk
why public rights respecting this ~
portant matter should n0l be mea,'
while clarified and determined and @
basis laid Tor future action.
Operating Under Permits
Discussing further the recommsi1
tion of the repeal Of the ordinance
1847 and its legal phases, the reN'
says:
"The joint conference committee ;
of the opinion that a large part Of =
claim OF present right, made BY =
railroad, company, Is predicatet On "
ordinance OF 1877 and resouiin
subsequently passed. and that ne 8
sent of the city contained in the G@
nance Of 1877 may be at any time W.
drawn. at the city's option, b. the =,
peal of the ordinance By the Boar =
Estimate and Apportionmert Inc ~
conference committee Is also o. ~
opinion that the resolutions referred
in the above suggested form Of T.S
luton were passed without legss'n'
authority and are. at most, mere %,
mits revocable at the viii OF the b'A'
of Estimate and Apportionment.
"The railroad company has nefe"'
fore insisted upon q substantial Pn.
ment or conces sion of public rigaN y
il as a condition of relinQusnlhs "
readjusting its present occupancy az
will no doubt continue TO 20 50 "
less the action herein suggested y
taken by your board. which, undef 'n'
charter. appears 10 have the sole ~. n,
tEority to act in the premises
would seem 20 be especially desIsy,.. ~,
that By municipal action tne P-.
rights be in all respects reasser'ea =.
Ieestablished as 10 streets ase5I..
and lands now used and occapel
the railroad company m ad'ah1s ans, !,
action by state authority 70 TO-
the carrying out Of me pu.i
sought by Chapter 7l9 Of the Law y
1917.
Never Claimed Franchise
As TO the grounds OF law an,
icy upon which such repes, "a,
ordinance Of 1877 is warranted 49,
be sufficient 20 say that tne rs,... -,
company acquired by the orui..'
of lsi7 mere assent pei.,,~,
license. which. like other p :.
granted as 70 city streets, may .,,,,
vcked at any time by the comls.r'.y
city authority. The railroad cord
in prior negotiations has not ..,..,,,s
70 have q franchise 20 occupy = N,s
and avenues within the cry =. -.
York. and we DO not believe lnS
nany will now claim possess'
such franchise -. Re.
The joint committees reg" r. Al
views the negotiations win us ny, y
road. II shows that. acting une 30.
tcrms of the Ottiug,r-E.lenpVgEs.S'.,
passed last year, af,cr . prem - y
conference with Ira A. race " ess.
New York Central Railroad. tns tn's,-,,s,.
mittee had prepared what u ',,,htsI
rs reasonable proposals upon y, y, az
voluntary agreement between - ~
and the railroad should be o..ss.-o.ss
public hearing upon those 'ssrs!i.
was held. after which they WeI
cd into the form OF an agreeni,,,o "a Y,