New-York tribune., 1921-09-29
Jersey Meets
T ~. Y. Demands
I'm Tunnel Row
Controversy Over Approach
Involving Erie Contract
Believed Settled by Adop-
ton of a New Clause
DenyP PermanentEasement
Tentative Agreement Is Ex-
pected to Remove the Last
Obstacle to Construction

After lengthy and strained session
the New York New Jersey Tunnel Com.
missions meeting in ioint conference
yesterday arrived at what appears tc
be an agreement on tho Erie contract
with the New York board victorious in
its demands.
The point in question. which has held
up the Erie contract for a number OF
weeks, had to do with the demands of
the Jersey board that railroad siding
be given q permanent easement by
clause in the contract. This siding
runs through the Jersey City entrance
plaza of the tunnel to the Union Ter
minal Cold Storage Warehouse Com
pany, of which Chairman Adams of the
Jersey commission is president and
director. The siding is at the present
time operated Oh license granted by
the city, which may be revoked at any
time.
The New York commission held that
it was not the duty Of such body as
the commission to grant this siding a
perpetual easement, particularly mas
much as it could not yet be ascertained
whether the siding might not prove an
obstruction and have to be removed
later.
Jersey Commission Gives In
In addition, it was pointed out that
the two states would be liable for un-
told damages later If such easement
were granted and it were found neces-
sary % condemn the siding.
AS a result Of yesterdays contro-
versy the New Jersey commissioners
agreed tentatively to sign the Erie con-
tract with the inclusion of the follow
ing clause presented by E. w. Bloom
ingdale, of the New York commi on
''1t is agreed that if the Erie Rail
road will accept the contract rendered
by the New York commission under
date Of September 10, which contract
contains no reference to the railroad
siding, the New Jersey commission will
ratify and agree to said contract on It's
part. 1t is further agreed that if the
Erie Railroad insists upon the inclu-
sion in the contract of the provision
contained in the form rendered by the
New Jersey commission, which provides
for the maintenance of the railroad
siding, the New York commission will
agree to ratify and confirm said con-
tract, provided said inclusion is so
framed that the rights of all parties
thereto shall remain as they are of
this date. 1t is further agreed between
the two commissions that no ordinance
or resolution in any form providing
for the maintenance Of said railroad
siding shall be adopted by the authori-
ties Of the city Of Jersey City, nor will
the authorities take any other action
that will give rights to claim damages
to any of the parties concerned with
or having an interest in said railroad
siding. The commission will obtain
from the Jersey City authorities the
necessary assurances to that effect"
Seeks to Blame Railroad
The settlement, however, was effect
ed only by the strong stand taken by
the New York commission and a change
of front on the part of Messrs. Boyle
and Shea, of the New Jersey commits
sion.
A great deal of dissatisfaction with
the methods employed by the Jersey
commissioners was evidenced by the
attitude of the New York commi ssion,
and once General Dyer, chairman of
the New York board, informed the Jer-
scy members that there was no use in
beating around the bush" in discussing
the contract. General Dyer then said
that the New Iork commission would
not include the proposed clause grant
ing the siding contractual right to