Japan takes the lead in requesting the removal of all coasting trade restrictions, which demand is to be backed up by British and other delegates, and it is even said that a plan has been formulated that will "coerce" the United States into modifying its prohibitively protective domestic navigation laws. Evidently the dominant members of the International Chamber of Commerce are "feeling their oats." It is time-it is high time-that representative American coastwise shipping men should meet these coercively inclined internationalists and look them squarely in the eye. Such close contact is likely to minimize that coercive belligerency.

Instead of the New York Legislature seeking to undo the legislation passed in 1921 providing for the construction of the Hylan-Narrows tunnel connecting Staten Island with Brooklyn, and to be used both for freight and passengers, in order to limit the use of that tunnel to rapid transit purposes only, it should provide for another tunnel, or direct the Transit Commission and the New York Board of Estimate and Apportionment to proceed with the construction of an additional tunnel to be used for rapid transit. We recommend, in such case, the adoption of the O'Rourke plan, which, in the construction of a Sixth Avenue subway, in Manhattan, would run under Governor's Island, forking at its southerly point, one prong running to Coney Island and the other direct to Staten Island. Major John F. O'Rourke, the greatest living tunnel builder, would have the subway under Sixth Avenue consist of two tunnels, with provision in the lower sections for cars to run each way in each, with an overhead roadway in the upper sections of the tubes, with roads running each way in each.

Apropos of that, and in order to show the familiarity of our British cousins with the importance and possibilities of our domestic navigation laws, let us quote from a speech by L. C. M. Amery, British Colonial Secretary, made last month in Liverpool:

"If the United States willed," he declared, "it could build up tremendous shipping. If it willed, the coastal trade of the United States through the Panama Canal and the West Indian dependencies could be made to develop until it became almost as great as the whole shipping of our great empire. As it grew under the shelter of its navigation laws, America's shipping would become increasingly capable of competing favorably with cur own, unless the latter were developed into similar proportions."

But the repeal of our domestic navigation laws would make such a tremendous American shipping impossible. Maybe Mr. Amery will be at Brussels to advise the coercively inclined delegates to give the Yankees a chance to show what they can do.

A Multiplicity of Bridges

The New Jersey Legislature has approved of bills for the construction of the bridges that have been recommended by the Port of New York Authority, to wit: a bridge connecting Perth Amboy with Tottenville, Staten Island, a bridge between Elizabethport and Staten Island, as well as a bridge across the Kill van Kull connecting Bayonne and Port Richmond, Staten Island. In addition, the New Jersey Legislature has approved of a bill providing for a survey for the construction of a bridge over the Hudson River between Fort Lee and Washington Heights, Manhattan. It is expected that the New York Legislature will pass similar legislation before adjournment. The Hudson River bridge, if authorized, will be the longest suspension span in the world.

In addition to what has been mentioned, the New York Legislature has approved of a bill to appoint a commission to study the matter of a bridge to span Lake Champlain, at its southerly end, where it is no wider than an ordinary river, and in that undertaking Vermont is expected to do its share.

Staten Island, evidently, with its 150,000 population, and rapidly growing, is impressing the legislators of New Jersey and New York with its importance. It is time that Staten Island received this belated recognition. It will mean such increases in the value of Staten Island property as will represent in increased taxable values much more than the cost of the bridges proposed, all three of which, we understand, however, will be toll bridges, under the Port Authority's jurisdiction.

British Rum-Running Treaty

Motion to dismiss the complaint in the action brought by Captain John F. Milliken, of the Neptune Association, and Alexander R. Smith, a stockholder in an American steamship company, against the Cunard Steamship Company, Harlan F. Stone, Attorney General of the United States and others,involving the constitutionality of the treaty between the United States and Great Britain

permitting British vessels to bring liquor into American ports under seal, was argued before Judge Julian W. Mack in the United States District Court on Feb. 17. The matter was taken under advisement.

Court Has Doubts

Silas Blake Axtell, counsel for the complainants, and Lord, Day & Lord, counsel for the Cunard Line, urged the court to pass upon the constitutionality of the treaty on the ground of public policy and the interest of the community. The court, however, held that it was an open question whether the court had power in equity to enjoin a public official from failing to do his duty in the event that the treaty should be held unconstitutional, and also whether the court had power to enjoin a foreign steamship company from violating the Constitution of

the United States. It was ordered that briefs should be filed on this particular point within one week.

It is the contention of Mr. Axtell that the court has power to declare null and void a treaty which is in itself unconstitutional in a case where public officials by reason of the existence of the treaty refuse to enforce the criminal law when it appears that an individual has been injured in his business. It is held that the treaty is in conflict with the provisions of the Eighteenth Amend

ment.

Americans Suffer Losses

During the argument it was stated by counsel for the had been transferred by the United American Line from complainants that the steamships Reliance and Resolute American to Panama registry in order to take advantage of the treaty with the latter country permitting liquor to be brought into American ports under its flag. It was also pointed out that Shipping Board vessels in the transAtlantic trade were losing money by reason of inability to carry liquor while foreign flag vessels were carrying record passenger lists, and American officers, members of the Neptune Association, were being deprived of opportunities for employment.

UPO

PON complaints of shippers, filed with the Port of New York Authority through the Queensboro Chamber of Commerce, of delays and congestion in the present handling of freight at the float bridges of the Long Island Railroad, and the need of the use of the Hell Gate Route by the New York Central Railroad to relieve such delays and congestion, the matter became the subject of public hearings held by the Port of New York Authority which rendered its decision on February 13, holding:

1. That the route of the New York Connecting Railroad from Port Morris, N. Y., to Fresh Pond Junction, N. Y., together with existing tracks and yards, is available and sufficient for the interchange of freight between the New York Central Railroad and the Long Island Railroad.

2. That the use of the said route in the interchange of traffic between the New York Central Railroad and the Long Island Railroad would avoid centers of congestion and realize economies in transportation costs.

3. That the use of the said route would insure a more direct routing of freight.

4. That the failure of the railroads to use the said route for the interchange of traffic between the New York Central Railroad and the Long Island Railroad is due, not to operating or traffic difficulties, but to the inability of the proprietary carriers to agree regarding the compensation for the use of the railroad facilities.

5. That the use of the said facility by the aforesaid railroad companies is now economically practicable and required in the public interest.

6. That the rapidly growing industrial section in the Borough of Queens necessitates the use of every available transportation facility, and that the mere disagreement of the carriers respecting their compensation for the use of the said facilities does not constitute a reason for denying the shipping public the fullest and freest use of the said route.

It is the hope of the Port Authority that the carriers, in view of the foregoing findings and conclusions, will undertake forthwith to open the route for the benefit of the shipping public, and to agree upon the matter of compensation. In the event this is not accomplished within a period of thirty days from this date we shall take such further steps as hte circumstances may seem to require.

At the hearings the railroads above mentioned all were represented by counsel. Other interested parties were the Queensboro and the Brooklyn Chambers of Commerce, Merchants' and Manufacturers' Association of Bush Terminal, Loose-Wiles Biscuit Company, R. C. Bohack Company, Inc., Humbert & Andrews, Englander Spring Bed Company, Sheffield Farms Company, National Enameling & Stamping Co., Inc., Merganthaler Linotype Co., Atlantic States Advisory Board, Wood Struthers & Co., Motor Terminals Co., Francis Lee Stuart, Consulting Engineers, Long Island Dealers' Association, and Wm. Wrigley, Jr., Co.

An effort was made by the Port Authority's representatives to bring about rate agreement between the owners of the Hell Gate Route and the New York Central Railroad for the use by the latter of that route, but with

out success.

At the investigation it was shown that the only present routes available for interchange of freight between the Long Island Railroad and the trunk line carriers are the

car-float routes between the trunk line terminals and the float bridges of the Long Island Railroad at Long Island City, or the float bridges of the Long Island Railroad at Bay Ridge. Says the decision:

The gravamen of the complaint is that this all-rail route to Long Island is virtually closed because it cannot be used by shippers except upon payment of combination rates so much higher than the joint rates applicable via the car-float routes as to be prohibitive; that because of the serious congestion of freight at Long Island City it is desirable and necessary in the public interest that the all-rail route be opened; and that it is closed only because the carriers are unable to agree upon the compensation to be paid for the use of the facilities. Their failure to agree is not difficult to understand when it is appre ciated that the Pennsylvania Railroad System now has no allrail freight route to Long Island and that the opening of this route would give its competitor, the New York Central, the only all-rail route to this rapidly developing industrial area.

The situation grows worse daily, due to the rapid increase of population and industries on Long Island. In the 13 years ending with 1923 the number of passengers carried by the Long Island increased from 30,978,615 to 36,166,896, or 278 per cent; and the freight hauled in the same period increased from 3,814,209 to 7,917,977 tons, an increase of 208 per cent. A witness testified that the time consumed in moving freight between the New Jersey shore and points on Long Island is the same as the time required to carry a carload of freight 1,000 miles from a point in the west to the New Jersey shore. The detention and congestion at the float-bridges backs up to Weehawken, 60th Street and other terminal yards, causing them to be congested, and thus tends to slow up the handling of freight at this port.

While the United States controlled the railroads the New York Central was required to use the Hell Gate Route, but owing to the great increase in the rates demanded by the owners of that route after the railroads went back to their owners the New York Central felt forced to cease to use it. "The main line of the New York Connecting Railroad," says the decision, "between Oak Point Yard and Fresh Pond Junction is not used to capacity and the volume of traffic over it could be substantially increased." The present interchange of freight between the New York, New Haven & Hartford Railroad and the Long Island Railroad approximates 80 245 cars daily. cars a day, while the Hell Gate Route can accommodate

The Interstate Commerce Commission has held that "the railroads should be regarded more and more as one national system," and that joint through class and commodity rates should be lower than a combination of local rates. Says the decision:

During the period of Federal control the Director of Public Service for the United States Railroad Administration fixed the allowance to the New York Connecting Railroad for the handling of this interchange traffic at 3 cents per 100 pounds. At the termination of Federal control the New York, New Haven & Hartford Railroad Company, which operates this facility, increased the allowance to 4 cents per 100 pounds, with a minimum of $15 per car. Still later it was increased to 5 cents per 100 pounds. As long as Car Service Order No. 1 was in effect the New York Central paid these increased charges,

but when the order was withdrawn on October 31, 1920, the New York Central withdrew its service via Hell Gate route because it considered the charge excessive. On November 12, 1920, the New Haven increased the charge to 7 cents per 100 pounds, which the New York Central refused to pay. The general reduction of 10 per cent in freight charges authorized by the Interstate Commerce Commission in 1922 reduced this charge to 6.5 cents, which amount the New York Central still refuses to pay.

When carriers cannot agree on joint rates the Interstate Commerce Commission expects them to submit the matter to the commission for adjustment, which should be done in this case. Says the decision:

In

It has long been apparent that the facilities for the handling of commerce in this great port are inadequate and in many respects uneconomical. It is our duty under the law to see not only that wasteful railroad practices in this port are avoided but that available facilities are used to the best advantage. view of the rapid growth of the port and the difficulties encountered in handling freight expeditiously, we cannot countenance the closing of an available route merely because the railroad companies cannot come to an agreement on the question of compensation.

Even the fact that the float-bridge accommodations of the Long Island Railroad are to be improved is not regarded by the Port Authority as justification for the exclusion of the New York Central from the Hell Gate

Route.

If an agreement cannot be reached it is likely the matter will be brought to the attention of the Interstate Commerce Commission so as to force an agreement.

Bergen Beach, Jamaica Bay, Including Mile and a Half of Waterfront, Recently Sold

Max N. Natanson, who in the summer of 1923, startled the real estate world by purchasing the Sheepshead Bay race track property, comprising almost 10,000 lots, and who in a brilliant selling campaign, has disposed of all of the property with the exception of about 2,000 lots, has just made a highly important purchase of a more or less similar character. In conjunction with Mandelbaum & Lewine, Inc., he has bought from the Bergen Beach Land Corporation, controlled by Thomas Adams, of Adams Tutti-Frutti & Black Jack fame, and the estate of Percy G. Williams, than whom few man have been better known in the theatrical world, the property long famous as Bergen Beach. It consists of about 3200 lots and is in the form of a long peninsula with a mile and a half of waterfront in the best section of Jamaica Bay. physical conditions are such that the property will readily lend itself to an unusually fine development for homes and business purposes, more particularly because of its close proximity to Flatbush Avenue, its waterfront advantages and the fact that Avenue U., the important main artery around Jamaica Bay, crosses the property. It is interesting to note that the old Bergen homestead erected in 1656, still stands on the property. There are transit facilities at the present time, as the property has for the past twenty years beene served by a double track trolley via Flatbush Avenue and Avenue N.

The main Government channel in Jamaica Bay is already dredged in front of Bergen Beach to a width of 500 feet and a depth of 18 feet, and is not less than that width and depth all the way from the Atlantic Ocean.

In November last, the city of New York completed the acquiring of title to all of the Jamaica Bay waterfront in the entire Borough of Brooklyn, and far into the Borough of Queens, with the sole exception of the waterfront at Bergen Beach, which is therefore the only privately owned waterfront left upon the Brooklyn shore

of Jamaica Bay, and obviously of very unusual availability for development purposes.

Land Reclaimed

Within the last six months the city has reclaimed. about 100 acres of lands under water, owned by it on the other side of Paerdegat Basin, opposite the rear portion of Bergen Beach, which acreage is to be used for park purposes and is to be known as Harman Park, being so named after the Sheriff of Kings County, John N. Harman, who was formerly Park Commissioner for the Borough of Brooklyn.

In a similar manner the city is rapidly reclaiming all of the meadow lands in the Bergen Beach-Flatbush Avenue section of Brooklyn, and during the coming sunmer tens of thousands of autoists will for the first time drive to the Rockaways by way of the new extension of Flatbush Avenue to Barren Island, and thence to Jacob Reis Park at Rockaway Beach, by way of the new municipal ferry costing about $1,400,000, which ferry will also be in operation in the summer of 1925. The above-mentioned extension of Flatbush Avenue is already regulated existing automobile route to the Rockaways is by way and graded and is to be paved immediately. The only of Hewlett and Woodmere in Nassau County and the new route as above outlined will make a saving of twentyfive miles; the importance of this to the sections traversed by the new route, cannot be overestimated.

Recent History of Bergen Beach

Bergen Beach has an interesting history, upon which it is worth while dwelling for a moment. Thousands of New Yorkers will recall the times twenty-five years ago, when they counted it a great day's outing to go to the famous boardwalk, swimming pool and skating rink at Bergen Beach. In those days a crowd of 30,000 people was a very large crowd indeed, and it was a common occurrence to see as many as that wending their way in a single day to this popular resort; it is some years, however, since Bergen Beach ceased to be operated as an amusement park.

It was here that Percy G. Williams built the Casino and started his career as a purveyor to the public of novel attractions. Later on, as everyone knows, he became the owner of the Orpheum, the Bushwick, the Greenpoint and the Gotham theatres in Brooklyn, and of the Colonial, the Alhambra and the Bronx theatres in New York. Countless members of the theatrical profession will no doubt feel keenly the passing of old Bergen Beach when they realize that it gave Mr. Williams his start and enabled him to become their benefactor in innumerable ways, both during his life time and after his death. As is well known, he left a fund of nearly $4,000,000 for the establishment and maintenance of what has already become known as the Percy G. Williams Home for Actors. It was in the early nineties that Messers. Williams and Adams bought Bergen Beach and it has remained in the same ownership until today.

The property was held at $2,000,000 and was sold on a cash basis to Mr. Natanson and his associates. The broker who brought about the sale was John H. Ward, a specialist in waterfront properties, and the seller was represented in the negotiations by William Grossman, F. A. Rosebush and Kings County Trust Company as executors of the estate of Percy G. Williams, and Mr. Thomas Adams in person. The attorneys engaged in this unusually complicated transaction were House, Grossman & Vorhaus, on behalf of the seller, and Walter M. Wechsler and Alexander S. Natanson, on behalf of the purchasers.