The New York herald., 1922-02-04
WILLIAMSBURG SPAN
FIGHT Is WON BY CITY
Right of Municipality to Oper-
ate Cars Over Bridge Is
Upheld.
Special Dispatch to THr NEw YoRK HERALD
New York Herald Bureau.

Special Dispatch to TnF Nrw Yoax HERALD
New York Herald Bureau,
Albany. FEB. 8.
The Court of Appeals to-day upheld
the right of New York city to own and
operate street car line over the Will
iamsburg Bridge. The principal ques-
tion involved was the power of the Leg
islature to grant to the city authority to
operate railroad. The court holds that
the Legislature has that power. Judge
Pound. who wrote the decision, said:
THE question whether the Legisla-
ture has the power to gr mt to munic-
ipal corporation the right to operate a
railroad is answered affirmatively in
Sun Publishing and Printing Company
VS.. Mayor 152 N. Y, 257, 267.
THE bridge is public highway and
is so declared to be. The power to op-
crate railroad across williamsburg
Bridge was granted by the Legislature
in 1896 without qualification or restric-
tion.
at was not then dependent upon the
subsequent approval of the Public Ser
vice Commission and has not since be-
come so. The Public Service Commits
sion may not veto a statute. 1t is only
legislative creature.
Crossing Is Permitted.
"The grant of street railroad fran
chise carries with il by implication the
right to maintain sidings and switches
and spur necessary to enable rail-
road to connect with storehouse for its
cars
ut follows that the Legislature hav-
ing conferred the right to operate a rail-
road over Williamsburg Bridge the city
may erect a car barn and by necessary
- twxg< s.,lrs.
with the barn. If, in the course of maxi
ing such connection, it Is necessary to
cross over the tracks of the defendant
the law allows such crossing over
mo certificate of convenience and
necessity nor permission of the Public
Service Commission is required"
The decision of the Appellate Division
reversing the order of Special Term
which confirmed the report of commits
sioners appointed to determine the dam
ages resulting from placing a crossover
track at an intersection of the Brooklyn
City Railroad is sustained. Dismissal
of the Commissioners also is provided.
While the Court of Appeals opinion
registers a victory for Mayor Hylan and
the city administration, 1t was stated
here yesterday that the practical out
come of the Issue is likely to mean any
thing but victory for passengers using
the Williamsburg Bridge. Thirteen lines
of the b. r. r. system now operate
from different parts OF Brooklyn
through service to and across the bridge
to the Manhattan side. apart from the
bridge shuttle service which the b. r. 4.
also operates at a charge of cents for
ride merely across the bridge.
Il. II. t. to Withdraw.
The moment Grover WhaIen. Com
missioner of Plant and Structures, be-
gins the operation of the city S cent
fare bridge service under authority of
yesterdays court decision, the b. r. t.
receiver, with the approval already re-
corded by Judge Julius M. Mayors
United States Court, will withdraw its
through service on it's thirteen trans
bridge lines. Its cars will operate only
to the Brooklyn side of the Williams
burg Bridge.
Passengers bound for the Manhat-
tan side then will be compelled to
alight there and pay an additional bridge
fare of cents, instead of being carried
across to the Manhattan side for a
nickel. 1t has been estimated that 100.-
900 passengers daily have used the
b. r. T. cars running across the bridge
without payment of an extra rare.
Col. William N. Dykman. counsel for
the Brooklyn City Railroad. said that
so far as he knew. his company would
stand on its declaration made last Oc-
tober when the Appellate Division re-
versed Justice Kelby. It's position was
taken, he said, with the approval of
Judge Mayer of the Federal Court.
There is nothing in the company's fran
chise requiring it to run cars across
the bridge.
Corporation Counsel o'Brien said 'It
is the purpose of Commissioner Whalen
to operate local service on the bridge
at cost 1t is probable the charge i'm
posed by the city will be less than 2
cents"