The following communication was received from the Commissioner of Docks, relative to a lease to the New York Central and Hudson River Railroad Company of certain trackage rights between Thirty-third and Thirty-seventh streets, on the North river. (See page 661):

NEW YORK, October 4, 1904.

Hon. N. TAYLOR PHILLIPS, Secretary of the Sinking Fund Commission:

SIR-Under date of July 15, 1904, a communication was forwarded to you, requesting authorization for the granting of a lease of the West Thirty-sixth Street Pier, with track privileges thereon, and on the new made land under the control of this Department along the marginal street between Thirty-third and Thirty-seventh streets, on the North river, to the New York Central and Hudson river Railroad Company, to commence October 8, 1904, and to be for a term of ten years, with two renewal terms of ten years each.

On July 27, 1904, a resolution was approved by the Commissioners of the Sinking Fund authorizing a lease of the pier on the terms suggested by this Department, but the privilege of maintaining tracks was eliminated and left for further consideration as to the rental to be charged therefor.

The rental of $500, suggested by this Department for the track privilege, was determined upon after careful consideration of the matter, and in view of the large rental paid by the New York Central and Hudson River Railroad Company for the lease of the pier at the foot of West Thirty-sixth street, as compared with the rentals paid for other piers in the vicinity. A communication has now been received from the New York Central and Hudson River Railroad Company to the effect that the report made by the Comptroller's Engineer, with reference to the rental to be charged for the track privileges was based, to some extent, on the understanding that the proposed tracks were to be laid wholly upon City property, while, as a matter of fact, large portions thereof west of the westerly line of Twelfth avenue are on private property owned or leased by the company, and that the total number of linear feet of track to be laid along the marginal street west of the westerly line of Twelfth avenue is 1,020 feet. The letter from the company further states that the laying of the tracks is absolutely necessary, in order to permit the use of the West Thirtysecond Street Pier by the Pennsylvania, New York and Long Island Railroad Company in connection with the construction of the tunnel across the North river at that point.

In view of the above facts I hereby recommend that the Commissioners of the Sinking Fund adopt a resolution authorizing me to include in the lease of the West Thirty-sixth Street Pier, authorized by the Commissioners of the Sinking Fund July 27, 1904, the privilege of maintaining tracks as outlined in the letters forwarded to you by me under dates of July 12 and July 15, 1904, an additional rental of $500 per annum to be charged for the privilege.

Yours respectfully,

MAURICE FEATHERSON, Commissioner.

In connection therewith the Comptroller presented the following report of the Engineer of the Department of Finance:

Hon. EDWARD M. GROUT, Comptroller:

OCTOBER 15, 1904.

SIR-The Commissioner of Docks and Ferries, in communication of October 4, 1904, to the Commissioners of the Sinking Fund, renews his request for a lease to the New York Central and Hudson River Railroad Company of certain trackage rights between Thirty-third and Thirty-seventh streets, on the North river, which was originally contained in a proposed lease to that company for the pier at the foot of West Thirty-sixth street.

Since the original application you have conferred with Mr. Ira A. Place, General Attorney for the New York Central and Hudson River Railroad Company, and stated to me the price for the privilege which you would be willing to recommend to the Board of Estimate and Apportionment, should the matter come before that Board from the Board of Aldermen.

The only part of the marginal street which is open is between Thirty-third and Thirty-fourth streets, and the trackage rights which the railroad company desires to procure cover the crossings of Thirty-fourth, Thirty-fifth and Thirty-sixth streets and several turnouts across Twelfth avenue into the adjoining blocks.

The number of feet of track in each of the streets is approximately as follows:

Marginal street, between Thirty-third and Thirty-fourth streets..

Across Thirty-fourth street.

Across Thirty-fifth street..

Across Thirty-sixth street...

Within the lines of Twelfth avenue.

About

Feet.

370

200

545

320

2,175

3,610

-which is very close to the figures given by the Engineer of the railroad company, to wit, 3,550 feet.

As the Board of Aldermen has jurisdiction over Twelfth avenue and possibly the crossings of the streets named, it will be seen that only a small part of the total privilege asked for would be contained in the lease from the Dock Department.

Mr. Place, in a communication under date of October 3, 1904, after your conference with him, advised you that he intended to apply to the Dock Department so that the matter might be brought to the attention of the Commissioners of the Sinking Fund, and in reply thereto you recommended that he secure the entire privilege through the Board of Aldermen, rather than by two instruments, one through the Dock Department and one through the Board of Aldermen.

I am therefore of the opinion that no action should be taken in this matter except through the Board of Aldermen and the Board of Estimate and Apportionment, when it can be dealt with in one instance.

Approved:

Edward M. Grout.

Respectfully,

EUG. E. McLEAN, Engineer.

Copies of the correspondence in the case are herewith inclosed.

Mr. Ira Place, representing the New York Central and Hudson River Railroad Company, appeared before the Board and was heard in regard to the matter.

Discussion followed, whereupon the Comptroller moved that the matter be referred to the Corporation Counsel for an opinion as to the proper method of procedure.

Further discussion was had, and the Chairman of the Finance Committee, Board of Aldermen, moved that the recommendation of the Commissioner of Docks be approved.

The motion of the Comptroller, to refer the matter to the Corporation Counsel, having preference, a vote was taken thereon, which resulted in a tie, the Mayor and Comptroller voting in the affirmative, and the Chamberlain and the Chairman of the Finance Committee, Board of Aldermen, voting in the negative. A vote was then taken on the motion of the Chairman of the Finance Committee, Board of Aldermen, to approve the recommendation of the Dock Commissioner, which resulted in a tie, the Mayor and Comptroller voting in the negative and the Chamberlain and the Chairman of the Finance Committee, Board of Aldermen, voting in the affirmative. The Mayor then called for a vote on the original proposition of the Comptroller, to refer the matter to the Corporation Counsel, which again resulted in a tie vote, the Mayor and Comptroller voting in the affirmative and the Chamberlain and Chairman of the Finance Committee, Board of Aldermen, voting in the negative. The Mayor then declared the matter killed.

(See further action at end of meeting.)

The following communication was received from the Commissioner of Docks, relative to a lease of 160 feet of space on the south side of the pier and approach at the foot of West Thirty-ninth street, North river, to M. J. Sheehy:

NEW YORK, October 11, 1904.

N. TAYLOR FHILLIPS, Esq., Secretary, Commissioners of the Sinking Fund:

SIR-I am in receipt of an application from M. J. Sheehy for a lease of 160 feet of space on the south side of the pier and approach at the foot of West Thirty-ninth street, North river, for a term of ten years, with the privilege of one renewal term.

Mr. Sheehy has for some time past occupied under a permit a berth 135 feet in length at the inner end of the south side of the pier and approach at the foot of West Thirtyninth street, North river, and has paid rental therefor at the rate of $1,200 per annum. He desires the use of an additional 25 feet, and this space is at the present time unoccupied and is available for leasing.

The Consolidated Ice Company has a ten years' lease of the entire West Fortysixth Street Pier, North river, at a rental of $2,500 per annum.

The Silver Point Ice Company has a lease for a period of five years covering 150 feet of the pier at the foot of West Fifty-fourth street, Nortl. river, at a rental of $1,800 per annum.

The New York Butchers Dressed Meat Company has a ten years lease, with the privilege of a renewal term of ten years, covering 150 feet of the pier foot of West Thirty-ninth street, North river, at a rental of $1,575 per annum.

Michael Egan has a ten years' lease of 200 feet of the pier foot of West Thirtyninth street, North river, used for dumping board purpose's, at a rental of $1,250 per

annum.

I hereby respectfully recommend and request that the Commissioners of the Sinking Fund approve of and authorize the granting of a lease to M. J. Sheehy covering 160 feet of space on the southerly side of the pier and approach at the foot of West Thirty-ninth street, North river, with the privilege of maintaining an ice bridge, scale's and tally house thereat, the lease to be for a term of ten years from the first day of the month following the date of approval by the Commissioners of the Sinking Fund, at a rental of $1,800 per annum, payable quarterly in advance to the Cashier of this Department, the lease to provide for one renewal term of ten years, at an advance of five per cent. per annum over the rental for the first term, the remaining terms and conditions of the lease to be similar to those contained in leases of wharf property now in use by this Department.

The berth to be occupied under the proposed lease will commence at a point 605 feet from the outer end of the pier and will run thence easterly along the southerly prolongation of the pier and approach a distance of 160 feet.

Yours respectfully,

MAURICE FEATHERSON, Commissioner.

I see no objection to the approval of the lease as proposed.

October 14, 1904.

EUG. E. McLEAN, Engineer, Department of Finance.

In connection therewith the Comptroller offered the following resolution: Resolved, That the Commissioners of the Sinking Fund hereby approve of and consent to the execution by the Commissioner of Docks, of a lease to M. J. Sheehy, of 160 feet of space on the southerly side of the pier and approach at the foot of West Thirty-ninth street, North river, with the privilege of maintaining an ice-bridge, scales and tally house thereat; the lease to be for a term of ten years, from the first day of November, 1904, at a rental of eighteen hundred dollars ($1,800) per annum, payable quarterly in advance; the lease to provide for one renewal term of ten years at an advance of five per cent. per annum over the rental for the first term; the remaining terms and conditions to be similar in every respect to those contained in leases of wharf property now in use by the Department of Docks and Ferries, and as recommended by the Commissioner of Docks in communication dated October 11, 1904.

Which was unanimously adopted.

The following communication was received from the Commissioner of Docks relative to a lease of lands under water, between Two Hundred and First and Two Hundred and Second streets, on the Harlem river, Borough of Manhattan, to the Harlem Contracting Company:

NEW YORK, October 11, 1904.

N. TAYLOR PHILLIPS, Esq., Secretary, Commissioners of the Sinking Fund:

SIR-An application has been received by me from the Harlem Contracting Company for a lease of lands under water, between Two Hundred and First and Two Hundred and Second streets, on the Harlem river, in the Borough of Manhattan. The space applied for is now occupied by that company under a temporary permit, at a rental of $200 per annum. The space applied for extends from the southerly line of Two Hundred and First to the northerly line of Two Hundred and Second streets, and from mean high water to the bulkhead-line, and contains an area of 9,300 square feet.

The Third Avenue Railroad Company holds a lease of 26,275 square feet of land under water, between Two Hundred and Sixteenth and Two Hundred and Eighteenth streets, on the westerly side of the Harlem river, for a term of ten years, with two renewal terms of ten years each, at a rental of $2,250 per annum for the first term, and at an advance of 10 per cent. per annum in the rental for each renewal term. This rental for the first term is at the rate of four cents per square foot per annum.

The Fort George Coal and Lumber Company holds a lease of 359 feet of crib bulkhead in Sjerman's Creek, with a return of 80 feet, on the Harlem river, built by this Department, at a rental of $800 per annum for the first ten years, the lease granting the right of renewal for a further term of ten years. This bulkhead is within a block of the land under water occupied by the Harlem Contracting Company, and is referred to in order to show the rental value of wharf property in the locality.

I hereby recommend that the Commissioners of the Sinking Fund approve of and authorize the granting of a lease of the said land under water to the Harlem Contracting Company for a term of ten years from the first day of the month following the date of approval by the Commissioners of the Sinking Fund, at a rental of four cents per square foot, amounting to $372 per annum, payable quarterly in advance to the Cashier of this Department, the lease to contain the privilege of two renewal terms of ten years each, at an advance in the rental of 10 per cent. per annum on each renewal term, the remaining terms and conditions of the lease to be similar in every respect to those contained in leases of wharf property now in use by this Department.

Yours respectfully,

MAURICE FEATHERSON, Commissioner.

In connection therewith the Comptroller presented the following report of the Engineer of the Department of Finance:

Hon. EDWARD M. GROUT, Comptroller:

OCTOBER 14, 1904.

SIR-In reply to the communication of the Dock Commissioner, dated October 11, 1904, recommending that the Commissioners of the Sinking Fund approve of a lease to the Harlem Contracting Company, for certain lands under water, between the southerly side of Two Hundred and First street and the northerly side of Two Hundred and Second street, on the westerly bank of the Harlem river, for a term of ten years, with