The sun. [volume] (New York [N.Y.]) 1916-1920, 1917-01-29
HUGHES BACKS
WESTSIDE PLAN
Former Supreme Court JUS
tice Approves Contract
With N. Y. Central.
NO VIOLATION OF LAW
City Well Protected, Except
Omission to Compel Road
to Fulfil Agreement.

Charles L. Hughes has prepared an
opinion on the proposed agreement be-
tween the city and the New York Cen
tral Railroad Company for the West
Side Improvement. in which he ex-
plicitly approves virtually every clause
Of the document.
Mr. Hughes's opinion was made public
last night by Corporation Counsel Lamar
Hardy as an answer to the charges that
the contract is In violation of the So
called enabling act, known as Chapter
III, Laws Of 1911, and that the city is
giving away its waterfront to the rail-
road.
State Senator william NJ Bennett,
representing the Society for the Pre-
vention OF Municipal Waste, said last
night on learning Of the opinion that he
still was convinced. in spite Of the
weight OF any judgment by the former
Justice Of the Supreme Court, that the
contract violated Chapter T77 in sew
eral respects
The most that the opinion does" said
Mr.. Bennett, 'fs to show that the adj
m!nistration is doubtful as to the legal
ty OF the contract. II still leaves un-
giving away to the New York Central
the entire waterfront clear up to Yon-
kers while at the same time the officials
are making false statement that they
are giving away meme OF the waterfront"
Mr.. HuEhes's Opinion.
The opinion OF Mr. Hughes has this to
say Of the legality Of the contract in the
light Of Chapter III:
MY conclusion Is that tine authority
granted by the State to the railroad COM
pany in its charter extends to the con-
struction and operation OF the tracks
described in the proposed contract. and
that the Board of Estimate and Appor-
tionment. acting on behalf OF the city,
is fully authorised under the act of 1911
to enter into the proposed contract with
respect to these tracks.
The authority In the act OF 1886 must
he taken TO include all ssary rail-
road yards for switching, classification,
makeup OF trains. freight houses, engine
houses and various structures needed for
urely competent for the board in making
the proposed contract TO provide for such
/ adequate yards.
This would not be In any sense an
! attempt to confer powers upon the rail-
road company in addition TO those pos
sessed by virtue OF the State grant. but
would be o regulation OF the exercise OF
. the powers thus possessed for the mutual
, advantage of the city and of the rail-
I road company.
! The extensiveness Of yards must. Of
course. be proportioned to the traffic 20
| he accommodated, and the extent OF the
property thus required for the suitable
exercise OF the franchise by the state is
f, a matter within the sound discretion Of
the Board Of Estimate and Apport!on-
ment in making the agreement
f., Waterfront Property.
! The same principle applies to grants
, of waterfront property. So far as such
property is needed for the suitable hand
ling OF terminal business the franchises
of the railroad company under It's char
ter embrace the right to acquire IL. The
grant OF the property needed. whether
waterfront or other property. Is not an
attempt to create new franchise
Mr.. Hughes In analyzre the protec-
It's control of streets and public places
says
1.-THE LEGISLATURE has conflded the mat.
ter to the judgment OF the Board OF ES.
innate and Apportionment, and in m!
opinion the proposed contract In thu
matters TO which / have referred and the
approval OF the plans and profiles as tc
these matters is fully within the author
| ity conferred"
hat IA.
work OF providing for coverings owe
the tracks Is for the benefit OF the cit!
and for a city purpose, AMI that 1t Il
therefore proper for the city to contrib
ute to the expense. His information is
, he adds, that the expense of the worl
of this description to be done by tn,
railroad is far ereater than Is the excess
value of the lands and interests in land
TO be conveyed by the city to the rail
road company over those TO be conveyed
! by the railroad company to the city.
The opinion asserts that in framin;
] Chapter TIT the Legislature sought t,
exercise its power of regulation consist
entity with its rights under the fran
chise Of lsA6.
+, Hoard Has the Power.
= "To this end" Mr. Hughes says. "th
. matter was made the subject of agree
ment, as to the needed changes. betweel
: the Board Of Estimate and Apportion
: ment, acting for the city. and the rail
road company. In the present case tn
changes in the right OF way, in the loca
y ton Of tracks. for which the propose
contract and the grants provided. ar
' all clearly within the limits OF the dis
cretion confided to the board by the ex
press terms of the statute"
;. Mr. Hughes takes up In detail tn
terminal and track arrangements unde
y the proposed agreement and approve
!. them. saying that the city, rather tina
losing control OF Its riparian right
would obtain greater measure OF cor
troll over It's waterfront in this distris
Ibetween Seventy-second street an
Spuyten Duyvill than It now enjoys
!, He excepted only the waterfront whic
=. the railroad has reserved for its. tel
!, minal between West 129th and We,
y 14bth streets.
% He finds all the grants made by tn
r. city to the railroad appropriately lin
tied" and Ii unable to discover II
= slightest warrant for the conclusion this
Z the Board Of Estimate and Apportior
q ment has exceeded the authority co,
= ferred on II by the act OF 1911. lie ais
l,l calls attention to reciprocal grants mad
q BY the railroad to the city.
IsI An omission to guard the city securel
10 enough against failure on he part
q the railroad to carry out Its agreemei
u the enly fault Mr.. Huehes nnds vii
the proposed contract
Z