visiting naval fleets. This is a matter which can receive further study and attention in the light of future conditions."

Between 72d and 60th streets the railroad already has a large track development. This it is proposed to rearrange so as to provide some 75 tracks and increased facilities to 59th street.

From 72d street southward the main tracks are carried up to an elevated structure and when they pass 58th street they are thus above the street level. At the latter point they are reduced to four in number. Dotted lines on the west side of these four tracks show two lines of tracks marked "future municipal tracks."

Between 39th and 30th streets between 11th and 12th avenues, and between 33d and 30th streets, 10th and 11th avenues, an extensive two-level development is proposed, more than doubling the capacity of the present layout in the same area.

From 30th street southward, the tracks now run through 10th avenue to West street at Little West 12th street, thence through West street, Canal street and Hudson street to the freight station occupying the site of old St. John's Park. The new location takes the tracks out of the streets, runs them through private property, and terminates them at Canal street. There are to be only two tracks south of 30th street with a ten track development between Washington, West, Houston and Canal streets. The terminal at "St. John's Park," as the present freight terminal is called with unconscious irony, is to be abandoned and the company's franchises south of Canal street are to be surrendered to the City.

Status of the Railroad Company's Franchise

To carry out the foregoing relocation plans, it is proposed to effect an exchange of certain lands and easements between the City and the railroad company; and in order to estimate the relative values of the considerations exchanged, the City found it necessary to examine into the railroad's title to the lands upon which it operated. This question was the subject of much popular discussion. Some people contended that the railroad company had no ownership rights at all in the land upon which its tracks are laid, but that the City owned the entire right-of-way and could compel the company to remove its tracks without compensation.

To clear up this question, the Hon. Laman Hardy, Corporation Counsel, gave an opinion on April 18, 1916. There is no question of title to the route below 59th street, he says, because there the railroad is operated upon public streets, title to which is unquestionably vested in the City subject to use by the railroad company. The question of title, therefore, is confined to the section between 59th street and Spuyten Duyvil. Before going into the details of this question, the Corporation Counsel inquired into the company's right to operate upon its present or any other right-of-way in the City. From this inquiry, the following facts appear:

The railroad company was organized pursuant to chapter 216 of the laws of 1846. It was then known as the Hudson River Railroad Company. That law granted the company a franchise to operate a railroad between Albany and New York, provided that within the city limits, the assent of the municipal authorities should be obtained. In 1847, the Common Council granted the railroad permission to construct a double track with suitable turnouts along the line of the Hudson river from Spuyten Duyvil creek to near 68th street, occupying so much of Twelfth avenue as lies along the shore, thence widening from the shore so as to intersect Eleventh avenue at or near 60th street. This permission was given by an ordinance approved by the Mayor May 6, 1847. In compliance with this ordinance, the railroad company filed a map, showing the location, intended grade, etc., of the tracks, and having fulfilled all jurisdictional requirements, the road was built, partly on public streets, and partly on lands and water-grants acquired by the railroad company.

By its act of incorporation, the corporate existence of the Hudson River Railroad Co. was fixed at 50 years. By chapter 917 of the laws of 1869, the merger and consolidation of various existing corporations was authorized, with a corporate existence of 500 years. Under the provisions of this act, the Hudson River Railroad Co. and other corporations were merged into the New York Central & Hudson River Railroad Co. In 1909 the question was raised as to whether the corporate life of the Hudson River Railroad Co. was extended by this consolidation from 50 to 500 years. To test this question, the Board of Estimate and Apportionment, on May 28, 1909, adopted a resolution requiring the company to remove its tracks from the streets between Spuyten Duyvil creek

and St. John's "Park", on the ground that the company's franchise to operate thereon had ceased in 1896. The railroad company replied with a suit to restrain the City from removing the tracks and won in a decision by the Court of Appeals, 202 N. Y.

212.

The question, therefore, of the general right of the present railroad company to operate within the city limits appears to be settled in the affirmative.

Coming to a more detailed examination of the ownership of title to the right-of-way occupied by the railroad between 60th street and Spuyten Duyvil, the Corporation Counsel is led to the following conclusions, for which he states his reasons:

Between 60th and 63d streets and between 64th and 65th streets, the railroad company is seized of the title in the blocks out to the Central Park Commissioners' bulkhead line and, in front of these blocks, the City is seized of the title to the lands under water, subject to an easement of access to the bulkhead and piers vested in the railroad company.

Between 63d and 64th streets and between 65th and 72d streets the railroad company is seized of the title in the blocks out to 13th avenue and, in front of these blocks, the City is seized of the title to the lands under water subject to an easement of access to the bulkhead and piers vested in the railroad company.

The City of New York is seized of the title to the beds of all the streets and 12th avenue between 60th street and the south side of 72d street subject to the right of occupation vested in the railroad company by virtue of leases.

The City of New York is seized of the title to the bed of 72d street and the railroad company is wrongfully in possession of the

same.

Between 60th street and 141st street, the railroad right-of-way is partly over the line of 12th avenue which was opened after the railroad was built. Between 60th street and the city line, it is partly over upland and water grants to which the railroad has acquired title by 144 deeds, one condemnation proceeding and adverse possession. With respect to the railroad's title to its right-of-way between 60th street and Spuyten Duyvil, the Corporation Counsel gives the following opinions:

"Wherever such right of way occupies and is constructed upon lands under water, not granted to private individuals by the City, the title to such lands under water is vested in the City of New York subject to the right of the railroad company to use and occupy the same for railroad purposes. If a change of right of way is made the title of the City becomes freed from the right of user in the railroad company.

"Wherever such right of way passes over and the railroad is constructed upon premises, whether uplands formerly owned by private individuals or lands formerly under water granted by the City to private individuals, and which the railroad has acquired under the deeds herein before referred to conveying such premises for railroad purposes, the company can convey good title to the City.

"Wherever such right of way passes over and the railroad is constructed upon premises whether uplands owned by private individuals or land formerly under water granted by the City to private individuals, title to which was acquired by the railroad company in a condemnation proceeding, the company can convey good title to such premises to the City.

"Wherever such right of way passes over and the railroad is constructed upon premises whether upland owned by private individuals or lands under water granted by the City to private individuals, to which the search has disclosed that the railroad company has no record title, the company has acquired a title by adverse possession and it can convey good title to the City.

"Wherever such right of way passes over and the railroad is constructed upon premises whether uplands formerly owned by private individuals or lands formerly under water, granted by the City to private individuals, and which the railroad company has acquired under the deeds hereinbefore referred to, conveying such premises without restriction, the fee title is vested in the railroad company and it can convey good title to the City.

In the district between 60th and 141st streets wherever any portion of the right of way falls, passes over or the railroad is constructed upon premises within the lines of 12th avenue, the title to such premises whether acquired by the railroad company by deed, by adverse possession or by condemnation proceedings, became vested in the City by the opening of the avenue subject

is

to the use by the railroad company. If a change of right of way made, the City's title to premises within the lines of 12th avenue becomes freed from the railroad's right of user.

"The railroad company has acquired title in fee to premises at certain localities east and west of the right of way."

Exchange of Lands and Easements

Assuming that the conclusions of the Corporation Counsel with respect to the railroad company's legal rights of franchise and title are correct, the next step is the extremely difficult one of calculating the values of the lands and easements to be exchanged by the City and the railroad company in the proposed relocation.

The report of the Committee on Port and Terminal Facilities dated April 22, 1916, contains a list of appraisals which may be summarized as follows:

Lands and easements sold by the City to the railroad company.. $10,594,381 For a release of the City's record title to premises over which the railroad company has a perpetual right of user..

Total credit in favor of the City

Lands and easements sold by the railroad company to the City.

Balance in favor of the City

500,000

$11,094,381

4,984,482

$6,109,899

Concerning the accuracy of these appraisals there has been a wide difference of opinion, as will appear later. Furthermore, the foregoing statement, contained in the report of the Port and Terminals Committee, does not mean that the City is going to get that balance of $6,109,899. It means that the value of the lands and easements which the City proposes to contribute to the relocation plan are appraised at $6,109,899 more than the lands and easements which the railroad company proposes to give to the City. It is claimed, however, that this net contribution of $6,109,899 by the City is more than offset by contributions to be made by the railroad company and not mentioned in the report of the Port and Terminals Committee. In the newspapers of January 18, 1917, the following statement by Mr. Ira A. Place, Vice President of the railroad company, was quoted:

"For this balance of $6,109,899 the company agrees to do construction work for purposes which are wholly municipal and in