Kaufman Act
Encyclopedia
The Kaufman Electrification Act of 1923, enacted by the New York State Assembly
, mandated electrification
of all railroads in New York City by January 1, 1926. The bill was sponsored by recently elected Republican
Assemblyman Victor R. Kaufman and signed by Governor Al Smith
on June 2, 1923. The Act made no exclusions, affecting mainline traffic and freight yards in all boroughs of New York City
, including the isolated rail system of Staten Island
. The railroads objected, initiated lawsuits and partially succeeded in overturning the Act as unconstitutional. The deadline stipulated in the Act was moved twice, in 1924 and 1926; diesel locomotive
s were permitted as an acceptable alternative to steam power. The Act hastened dieselisation
of the American railroads, creating the small initial market for diesel locomotives. The first operational diesel switchers
were delivered to the Central Railroad of New Jersey
(The Bronx
) and the Baltimore and Ohio Railroad
(Manhattan
) in 1925.
The city of Baltimore
enacted a similar law, Ordinance 746–748, in June 1929.
to Albany
directly on the streets, "westerly of and including the 8th Avenue
and Hudson Street. For more than seventy years steam trains ran directly on major streets and avenues of New York. The elevated rapid transit
lines on the Manhattan were converted from steam to third rail
electrical traction in 1900–1903, the passenger trunk lines were gradually electrified over the next decades.
On January 8, 1902 fifteen commuters from New Rochelle
were killed when a local train from White Plains
missed a red light and rear-ended a train stopped in Park Avenue Tunnel
. The accident was linked to exhaust smoke obstructing view of traffic signals. The resulting public outcry led to calls for electrification of the line and replacement of the then-overcrowded Grand Central Depot. In 1903 state legislators passed a law banning steam locomotives from Manhattan
after June 30, 1908 and demanding electrification of New York Central Railroad
(NYCRR). The company, which had already contemplated electrification, introduced electric traction on its Manhattan trunk lines in the end of 1906. The NYCRR mainline employed third rail
electric supply because low clearance in the tunnels ruled out use of overhead lines
. The trains changed electric locomotives for steam engines at Croton-Harmon
and North White Plains
. Other incoming trunk lines were largely electrified by 1923. The isolated Staten Island Railway
, operated by Baltimore and Ohio Railroad
, remained powered by outdated coal-fired 4-4-0
camelbacks
and 2-2-4
's hauling wooden cars.
However, freight and switching operation remained powered by coal-firing steam engines, contributing to air pollution
and road accidents. The NYCRR was the only railroad with north-south tracks connecting Manhattan
to upstate New York
; the Pennsylvania Railroad
operated an east-west passenger service
through the Penn Station
in midtown Manhattan
. All other mainline railroads terminated along the New Jersey
and Brooklyn
shorelines and ferried their railcars to Manhattan by car float
s. They operated dozens of big and small rail yards on Manhattan and employed scores of coal-fired switchers. The worst offender were the West Side
freight yards below the 33rd Street, where coal-firing switcher
s hauled their cargoes along the 11th Avenue
, popularly called the "Death Avenue", and adjacent streets. The government handled safety and pollution problems separately: ordinances to eliminate grade crossings were effected on a case-by-case basis, complete elimination of steam traction became the target of the 1923 bill introduced by Victor R. Kaufman.
. The Brooklyn Rapid Transit Company was placed under receivership
in December 1918 and was heading into liquidation. The Interborough Rapid Transit Company
barely escaped bankruptcy in 1921. Post-war inflation
devalued the five-cent ticket price fixed in the Dual Contracts of 1913, and the companies defaulted on their investment contracts. They lobbied to raise ticket price and were stonewalled by New York City mayor, Democrat
John Francis Hylan, who made cheap fares a major campaign issue, denied public help to BMT and IRT, and demanded public control over the subway. Hylan, determined to nationalize
the subway, ran into an open conflict with the moderately minded Transit Commission, which was created by Republican Governor Nathan Lewis Miller in 1921. The new governor Al Smith
, elected in November 1922, sided with Hylan on the transit issue, but failed to disband the Commission due to Republican opposition in the State Assembly.
In August 1922 Hylan stirred up the public by announcing the plan to effect forced buy-back provision of the Dual Contracts, which would effectively start nationalization, and a $600 million plan for building an all-new, public transit system – the future Independent Subway System
. The heated discussion that followed coincided with the State Assembly election campaign. Elections of November 1922 brought majority in the Assembly to the Republicans, but in the Senate the Democrats with a very thin edge over the Republicans, although only for one year.
One of the Republican Assemblymen elected from New York City was Victor R. Kaufman, of the Seventh electoral district of Manhattan's West Side. The "boyish-looking" Kaufman was one of the five Republicans who voted against Hylan's popular Traction Bill. In April 1923 he dared to oppose Hylan in a face-to-face public debate in front of pro-Hylan audience. The two discussed subway congestion, public busing and court system, and Hylan easily held his ground; he left with a patronizing remark: "Don't be too harsh with the Assemblyman... he is young yet".
. Hylan stayed aside from the electrification debate and the bill passed the Assembly vote without much debate. The Act required that by January 1, 1926 all railroad traffic in New York City, Mount Vernon
and Yonkers
must be converted to electrical traction (which, at the moment, was the only viable alternative to steam). There were no exclusions, and it applied equally to trunk lines, second-tier country lines and even the switcher
s in the docks and freight yards. The exclave system of Staten Island
was not excluded either. Each failure to comply was subject to a $5,000 fine per violation per day.
After the vote, but before signing by the Governor, railroads launched a public and political campaign to block the bill. On the eve of the deadline for signing, representatives of the B & O Railroad, New York Central, New Haven & Hartford and Long Island railroads convened in Albany for a last-minute meeting with Al Smith. They cited insurmountable costs of conversion (30 million dollars for the LIRR) and the dangers of electrifying urban at-grade railroads. Kaufman brought his own party of civic activists and businessmen and prevailed: Smith signed the bill on the next day, Saturday, June 2, 1923.
The 1923 act did not attempt to redesign the existing track or decrease at-grade railroad traffic. Kaufman addressed this issue in his 1924 "Death Avenue Bill" that attempted to regulate the NYCRR West Side network. The bill did not pass, and debate over West Side trackage continued into late 1920s.
began electrification and elimination of grade crossings of its Staten Island lines, for an estimated cost of 13 to 15 millions (not including freight lines). Conversion of the SIRT to electric traction was mostly completed by the end of 1925. Electrification of the 26th Street B&O freight yards was uneconomical, and instead the company ordered its first diesel locomotive
. Its predecessor, the GE-IR diesel demonstrator was tested in upstate New York in 1924. B&O's and Manhattan's first commercial 300-hp, 60-ton ALCO boxcab
switcher was placed into operation in 1925. Earlier in 1925 Central Railroad of New Jersey
put in operation a similar diesel switcher at its 138th Street waterfront terminal in The Bronx
. B&O No. 1 and CNJ No. 1000 were the first American diesel locomotives in regular service. They turned out to be reliable and durable, worked into the 1950s and survived to date. In 1925 B&O purchased a gasoline
-burning switcher, thus completing their compliance program (their next diesel purchase did not occur until mid-1930s). The Delaware, Lackawanna and Western Railroad
purchased two similar switchers and put one in operation at their 132nd Street Harlem Transfer yard as Harlem Transfer #2 and the other locomotive as #3001, which was assigned to their 25th Street Freight Station in Brooklyn. Erie Railroad also purchased two 60 ton 300 hp box cabs: #20 which was built in May 1926 and sent to their "Harlem Station" freight terminal, and #19 which was built in September 1928 and operated at their "West 26th Street Freight Station" in Manhattan. Successful introduction of diesel traction led to the 1926 amendment of the 1923 law that allowed operation of diesel locomotives in the city.
The Long Island Railroad authorized a 4 million conversion plan in April 1924. The New York, New Haven and Hartford Railroad
converted its New Haven-New York route to 100% electrical traction in June 1924. The Pennsylvania Railroad
made plans for electrification of its three main lines, including Philadelphia-New York, but, as of June 1924, did not have funds to begin work in near future.
but excluded West Side freight network. Electrification of freight network, whether by third rail
or overhead lines, was impractical. The NYCRR effectively brought talks to a stalemate by demanding elimination of all grade crossings on the West Side, to allow the same standard of safety and engineering as on its other lines. In November 1925 NYCRR announced a plan to invest $30 million in the electrification of its West Side Line, contingent on the city's decision to close grade crossing. Discussion of this and similar unrealistic proposals dragged for another year.
On December 31, 1925 eight railroads led by the NYCRR secured a temporary injunction
against penalties for non-compliance with the Act. They asserted that the $5,000 a day fine will paralyze deliveries of food, mail and business supplies. In March 1926 the railroads and freight terminals initiated a lawsuit against the Kaufman Act. They demanded to make the temporary injunction permanent, indefinitely restraining city and county officials from enforcing the penalties.
This times the railroads asserted that enforcement of penalties ($600,000 a day for NYCRR alone) is tantamount to outright, unconstitutional confiscation without due process of law (see Fifth Amendment
). This allegation allowed them to bring the case directly to federal court presided by Judge Learned Hand
. Old arguments of insurmountable costs and unreasonably short notice were brought along too. The State representatives argued that the case falls under state, not federal, jurisdiction, to no avail. Simultaneously, the railroads demanded extensions of the deadline up to five years from the State's commissioners. Judge Hand ruled that the Kaufman Act was unconstitutional inasmuch as it infringed the constitutional Commerce Clause
, and extended the injunction against fines. The State Assembly amended the Act to comply with the concerns raised in the ruling, extended penalty deadline for another five years, and allowed use of diesel locomotives along with electric ones.
On July 1, 1926, when the lawsuit was still in progress, Hylan convened a conference of city and railroad executives. It resulted in a general agreement to remove surface tracks from West Side altogether. The Engineering Committee appointed at this conference presented their detailed plan in May 1927 and secured an approval of the State Assembly in 1928. In July 1929 the NYCRR finally agreed to cease steam traffic north of the 72nd Street in two years time, and remove all tracks south of the 60th Street, in five years. The 30th Street freight yards were allowed to stay. The project resulted in the all-new, 13 miles (20.9 km) High Line that cost $150 million and opened up in 1934. It was electrified with a third rail
power supply and separated from street traffic. The new elevated line passed directly through the warehouses, some of which contained sidings hidden from public view. The sidings were not electrified and were served by new tri-power switchers built by General Electric
and ALCO. They could run on diesel, third rail, or battery power. The long-distance trains of the West Side Line were moved into an open below-grade trench and tunnel that run west of the 10th Avenue
.
New York State Assembly
The New York State Assembly is the lower house of the New York State Legislature. The Assembly is composed of 150 members representing an equal number of districts, with each district having an average population of 128,652...
, mandated electrification
Railway electrification system
A railway electrification system supplies electrical energy to railway locomotives and multiple units as well as trams so that they can operate without having an on-board prime mover. There are several different electrification systems in use throughout the world...
of all railroads in New York City by January 1, 1926. The bill was sponsored by recently elected Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
Assemblyman Victor R. Kaufman and signed by Governor Al Smith
Al Smith
Alfred Emanuel Smith. , known in private and public life as Al Smith, was an American statesman who was elected the 42nd Governor of New York three times, and was the Democratic U.S. presidential candidate in 1928...
on June 2, 1923. The Act made no exclusions, affecting mainline traffic and freight yards in all boroughs of New York City
Borough (New York City)
New York City, one of the largest cities in the world, is composed of five boroughs. Each borough now has the same boundaries as the county it is in. County governments were dissolved when the city consolidated in 1898, along with all city, town, and village governments within each county...
, including the isolated rail system of Staten Island
Staten Island
Staten Island is a borough of New York City, New York, United States, located in the southwest part of the city. Staten Island is separated from New Jersey by the Arthur Kill and the Kill Van Kull, and from the rest of New York by New York Bay...
. The railroads objected, initiated lawsuits and partially succeeded in overturning the Act as unconstitutional. The deadline stipulated in the Act was moved twice, in 1924 and 1926; diesel locomotive
Diesel locomotive
A diesel locomotive is a type of railroad locomotive in which the prime mover is a diesel engine, a reciprocating engine operating on the Diesel cycle as invented by Dr. Rudolf Diesel...
s were permitted as an acceptable alternative to steam power. The Act hastened dieselisation
Dieselisation
Dieselisation or dieselization is a term generally used for the increasingly common use of diesel fuel in vehicles, as opposed to gasoline or steam engines.-Water Transport:...
of the American railroads, creating the small initial market for diesel locomotives. The first operational diesel switchers
ALCO boxcab
The ALCO boxcabs were diesel-electric switcher locomotives, otherwise known as AGEIR boxcabs as a contraction of the names of the builders. Produced by a partnership of three companies, ALCO built the chassis and running gear, General Electric the generator, motors and controls, and Ingersoll Rand...
were delivered to the Central Railroad of New Jersey
Central Railroad of New Jersey
The Central Railroad of New Jersey , commonly known as the Jersey Central Lines or CNJ, was a Class I railroad with origins in the 1830s, lasting until 1976 when it was absorbed into Conrail with the other bankrupt railroads of the Northeastern United States...
(The Bronx
The Bronx
The Bronx is the northernmost of the five boroughs of New York City. It is also known as Bronx County, the last of the 62 counties of New York State to be incorporated...
) and the Baltimore and Ohio Railroad
Baltimore and Ohio Railroad
The Baltimore and Ohio Railroad was one of the oldest railroads in the United States and the first common carrier railroad. It came into being mostly because the city of Baltimore wanted to compete with the newly constructed Erie Canal and another canal being proposed by Pennsylvania, which...
(Manhattan
Manhattan
Manhattan is the oldest and the most densely populated of the five boroughs of New York City. Located primarily on the island of Manhattan at the mouth of the Hudson River, the boundaries of the borough are identical to those of New York County, an original county of the state of New York...
) in 1925.
The city of Baltimore
Baltimore
Baltimore is the largest independent city in the United States and the largest city and cultural center of the US state of Maryland. The city is located in central Maryland along the tidal portion of the Patapsco River, an arm of the Chesapeake Bay. Baltimore is sometimes referred to as Baltimore...
enacted a similar law, Ordinance 746–748, in June 1929.
Background
In 1846 the City of New York allowed the Hudson River Railroad Company to lay the tracks for its new lineWest Side Line (NYCRR)
The West Side Line, also called the West Side Freight Line, is a railroad line on the west side of the New York City borough of Manhattan. North of Penn Station, from 34th Street, the line is used by Amtrak passenger service heading north via Albany to Toronto, Montreal and Chicago...
to Albany
Albany, New York
Albany is the capital city of the U.S. state of New York, the seat of Albany County, and the central city of New York's Capital District. Roughly north of New York City, Albany sits on the west bank of the Hudson River, about south of its confluence with the Mohawk River...
directly on the streets, "westerly of and including the 8th Avenue
Eighth Avenue (Manhattan)
Eighth Avenue is a north-south avenue on the West Side of Manhattan in New York City, carrying northbound traffic. Eighth Avenue begins in the West Village neighborhood at Abingdon Square and runs north for 44 blocks through Chelsea, the Garment District, Hell's Kitchen's east end, Midtown and the...
and Hudson Street. For more than seventy years steam trains ran directly on major streets and avenues of New York. The elevated rapid transit
Rapid transit
A rapid transit, underground, subway, elevated railway, metro or metropolitan railway system is an electric passenger railway in an urban area with a high capacity and frequency, and grade separation from other traffic. Rapid transit systems are typically located either in underground tunnels or on...
lines on the Manhattan were converted from steam to third rail
Third rail
A third rail is a method of providing electric power to a railway train, through a semi-continuous rigid conductor placed alongside or between the rails of a railway track. It is used typically in a mass transit or rapid transit system, which has alignments in its own corridors, fully or almost...
electrical traction in 1900–1903, the passenger trunk lines were gradually electrified over the next decades.
On January 8, 1902 fifteen commuters from New Rochelle
New Rochelle, New York
New Rochelle is a city in Westchester County, New York, United States, in the southeastern portion of the state.The town was settled by refugee Huguenots in 1688 who were fleeing persecution in France...
were killed when a local train from White Plains
White Plains, New York
White Plains is a city and the county seat of Westchester County, New York, United States. It is located in south-central Westchester, about east of the Hudson River and northwest of Long Island Sound...
missed a red light and rear-ended a train stopped in Park Avenue Tunnel
Park Avenue Tunnel (railroad)
The Park Avenue Tunnel connects four tracks of the Metro-North Railroad from Grand Central Terminal at 42nd Street to 97th Street in the New York City borough of Manhattan. The tunnel portal rises to a full viaduct by 99th Street.- History :...
. The accident was linked to exhaust smoke obstructing view of traffic signals. The resulting public outcry led to calls for electrification of the line and replacement of the then-overcrowded Grand Central Depot. In 1903 state legislators passed a law banning steam locomotives from Manhattan
Manhattan
Manhattan is the oldest and the most densely populated of the five boroughs of New York City. Located primarily on the island of Manhattan at the mouth of the Hudson River, the boundaries of the borough are identical to those of New York County, an original county of the state of New York...
after June 30, 1908 and demanding electrification of New York Central Railroad
New York Central Railroad
The New York Central Railroad , known simply as the New York Central in its publicity, was a railroad operating in the Northeastern United States...
(NYCRR). The company, which had already contemplated electrification, introduced electric traction on its Manhattan trunk lines in the end of 1906. The NYCRR mainline employed third rail
Third rail
A third rail is a method of providing electric power to a railway train, through a semi-continuous rigid conductor placed alongside or between the rails of a railway track. It is used typically in a mass transit or rapid transit system, which has alignments in its own corridors, fully or almost...
electric supply because low clearance in the tunnels ruled out use of overhead lines
Overhead lines
Overhead lines or overhead wires are used to transmit electrical energy to trams, trolleybuses or trains at a distance from the energy supply point...
. The trains changed electric locomotives for steam engines at Croton-Harmon
Croton-Harmon (Metro-North station)
The Croton–Harmon Metro-North Railroad station serves the residents of Croton-on-Hudson, New York via the Hudson Line. It is the main transfer point between the Hudson Line's local and express service, and it is also served by almost all Amtrak trains on the line. Metro-North trains leave for New...
and North White Plains
North White Plains (Metro-North station)
The North White Plains Metro-North Railroad station serves the residents of northern White Plains, New York via the Harlem Line. It is the north terminal for most trains that run local to the south and, until 1984, was the northern limit of electrification. Adjacent to the station is a yard/support...
. Other incoming trunk lines were largely electrified by 1923. The isolated Staten Island Railway
Staten Island Railway
The Staten Island Rapid Transit Operating Authority, publicly known as MTA Staten Island Railway or SIR, is the operator of the lone rapid transit line in the borough of Staten Island, New York City, USA...
, operated by Baltimore and Ohio Railroad
Baltimore and Ohio Railroad
The Baltimore and Ohio Railroad was one of the oldest railroads in the United States and the first common carrier railroad. It came into being mostly because the city of Baltimore wanted to compete with the newly constructed Erie Canal and another canal being proposed by Pennsylvania, which...
, remained powered by outdated coal-fired 4-4-0
4-4-0
Under the Whyte notation for the classification of steam locomotives, 4-4-0 represents the wheel arrangement of four leading wheels on two axles , four powered and coupled driving wheels on two axles, and no trailing wheels...
camelbacks
Camelback locomotive
A camelback locomotive is a type of steam locomotive with the driving cab placed in the middle, astride the boiler...
and 2-2-4
2-2-4
In Whyte notation, a 2-2-4 is a railroad steam locomotive that has two leading wheels followed by two coupled driving wheels and four trailing wheels...
's hauling wooden cars.
However, freight and switching operation remained powered by coal-firing steam engines, contributing to air pollution
Air pollution
Air pollution is the introduction of chemicals, particulate matter, or biological materials that cause harm or discomfort to humans or other living organisms, or cause damage to the natural environment or built environment, into the atmosphere....
and road accidents. The NYCRR was the only railroad with north-south tracks connecting Manhattan
Manhattan
Manhattan is the oldest and the most densely populated of the five boroughs of New York City. Located primarily on the island of Manhattan at the mouth of the Hudson River, the boundaries of the borough are identical to those of New York County, an original county of the state of New York...
to upstate New York
Upstate New York
Upstate New York is the region of the U.S. state of New York that is located north of the core of the New York metropolitan area.-Definition:There is no clear or official boundary between Upstate New York and Downstate New York...
; the Pennsylvania Railroad
Pennsylvania Railroad
The Pennsylvania Railroad was an American Class I railroad, founded in 1846. Commonly referred to as the "Pennsy", the PRR was headquartered in Philadelphia, Pennsylvania....
operated an east-west passenger service
Northeast Corridor
The Northeast Corridor is a fully electrified railway line owned primarily by Amtrak serving the Northeast megalopolis of the United States from Boston in the north, via New York to Washington, D.C. in the south, with branches serving other cities...
through the Penn Station
Pennsylvania Station (New York City)
Pennsylvania Station—commonly known as Penn Station—is the major intercity train station and a major commuter rail hub in New York City. It is one of the busiest rail stations in the world, and a hub for inbound and outbound railroad traffic in New York City. The New York City Subway system also...
in midtown Manhattan
Midtown Manhattan
Midtown Manhattan, or simply Midtown, is an area of Manhattan, New York City home to world-famous commercial zones such as Rockefeller Center, Broadway, and Times Square...
. All other mainline railroads terminated along the New Jersey
New Jersey
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...
and Brooklyn
Brooklyn
Brooklyn is the most populous of New York City's five boroughs, with nearly 2.6 million residents, and the second-largest in area. Since 1896, Brooklyn has had the same boundaries as Kings County, which is now the most populous county in New York State and the second-most densely populated...
shorelines and ferried their railcars to Manhattan by car float
Car float
A railroad car float or rail barge is an unpowered barge with rail tracks mounted on its deck. It is used to move railroad cars across water obstacles, or to locations they could not otherwise go, and is pushed by a towboat or towed by a tugboat...
s. They operated dozens of big and small rail yards on Manhattan and employed scores of coal-fired switchers. The worst offender were the West Side
West Side (Manhattan)
The West Side of Manhattan refers to the side of Manhattan Island which abuts the Hudson River and faces New Jersey. Fifth Avenue, Central Park, and lower Broadway separate it from the East Side. The major neighborhoods on the West Side are West Harlem, Morningside Heights, Manhattan Valley, Upper...
freight yards below the 33rd Street, where coal-firing switcher
Switcher
A switcher or shunter is a small railroad locomotive intended not for moving trains over long distances but rather for assembling trains ready for a road locomotive to take over, disassembling a train that has been...
s hauled their cargoes along the 11th Avenue
Eleventh Avenue (Manhattan)
Eleventh Avenue is a north-south thoroughfare on the far West Side of the borough of Manhattan in New York City, not far from the Hudson River. It carries downtown traffic only, south of West 44th Street, and two-way traffic north of it....
, popularly called the "Death Avenue", and adjacent streets. The government handled safety and pollution problems separately: ordinances to eliminate grade crossings were effected on a case-by-case basis, complete elimination of steam traction became the target of the 1923 bill introduced by Victor R. Kaufman.
Politics
The 1923 Kaufman Act was enacted in the shadows of a far larger public debate about the future of the troubled New York City SubwayNew York City Subway
The New York City Subway is a rapid transit system owned by the City of New York and leased to the New York City Transit Authority, a subsidiary agency of the Metropolitan Transportation Authority and also known as MTA New York City Transit...
. The Brooklyn Rapid Transit Company was placed under receivership
Receivership
In law, receivership is the situation in which an institution or enterprise is being held by a receiver, a person "placed in the custodial responsibility for the property of others, including tangible and intangible assets and rights." The receivership remedy is an equitable remedy that emerged in...
in December 1918 and was heading into liquidation. The Interborough Rapid Transit Company
Interborough Rapid Transit Company
The Interborough Rapid Transit Company was the private operator of the original underground New York City Subway line that opened in 1904, as well as earlier elevated railways and additional rapid transit lines in New York City. The IRT was purchased by the City in June 1940...
barely escaped bankruptcy in 1921. Post-war inflation
Inflation
In economics, inflation is a rise in the general level of prices of goods and services in an economy over a period of time.When the general price level rises, each unit of currency buys fewer goods and services. Consequently, inflation also reflects an erosion in the purchasing power of money – a...
devalued the five-cent ticket price fixed in the Dual Contracts of 1913, and the companies defaulted on their investment contracts. They lobbied to raise ticket price and were stonewalled by New York City mayor, Democrat
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
John Francis Hylan, who made cheap fares a major campaign issue, denied public help to BMT and IRT, and demanded public control over the subway. Hylan, determined to nationalize
Nationalization
Nationalisation, also spelled nationalization, is the process of taking an industry or assets into government ownership by a national government or state. Nationalization usually refers to private assets, but may also mean assets owned by lower levels of government, such as municipalities, being...
the subway, ran into an open conflict with the moderately minded Transit Commission, which was created by Republican Governor Nathan Lewis Miller in 1921. The new governor Al Smith
Al Smith
Alfred Emanuel Smith. , known in private and public life as Al Smith, was an American statesman who was elected the 42nd Governor of New York three times, and was the Democratic U.S. presidential candidate in 1928...
, elected in November 1922, sided with Hylan on the transit issue, but failed to disband the Commission due to Republican opposition in the State Assembly.
In August 1922 Hylan stirred up the public by announcing the plan to effect forced buy-back provision of the Dual Contracts, which would effectively start nationalization, and a $600 million plan for building an all-new, public transit system – the future Independent Subway System
Independent Subway System
The Independent Subway System , formerly known as the Independent City-Owned Subway System or the Independent City-Owned Rapid Transit Railroad, was a rapid transit rail system in New York City that is now part of the New York City Subway...
. The heated discussion that followed coincided with the State Assembly election campaign. Elections of November 1922 brought majority in the Assembly to the Republicans, but in the Senate the Democrats with a very thin edge over the Republicans, although only for one year.
One of the Republican Assemblymen elected from New York City was Victor R. Kaufman, of the Seventh electoral district of Manhattan's West Side. The "boyish-looking" Kaufman was one of the five Republicans who voted against Hylan's popular Traction Bill. In April 1923 he dared to oppose Hylan in a face-to-face public debate in front of pro-Hylan audience. The two discussed subway congestion, public busing and court system, and Hylan easily held his ground; he left with a patronizing remark: "Don't be too harsh with the Assemblyman... he is young yet".
Enactment and reaction
The debate on the 65th Street occurred just a week after the State Assembly committee issued a go-ahead for Kaufman's electrification bill. Kaufman's proposal had not yet aroused public interest; on April 7 the New York Times barely mentioned as a local ordinance limited to the freight yards along Riverside DriveRiverside Drive
A number of cities around the world have a Riverside Drive.In the United States:*Riverside Drive *Riverside Drive *Riverside Drive *Riverside Drive...
. Hylan stayed aside from the electrification debate and the bill passed the Assembly vote without much debate. The Act required that by January 1, 1926 all railroad traffic in New York City, Mount Vernon
Mount Vernon, New York
Mount Vernon is a city in Westchester County, New York, United States. It lies on the border of the New York City borough of The Bronx.-Overview:...
and Yonkers
Yonkers, New York
Yonkers is the fourth most populous city in the state of New York , and the most populous city in Westchester County, with a population of 195,976...
must be converted to electrical traction (which, at the moment, was the only viable alternative to steam). There were no exclusions, and it applied equally to trunk lines, second-tier country lines and even the switcher
Switcher
A switcher or shunter is a small railroad locomotive intended not for moving trains over long distances but rather for assembling trains ready for a road locomotive to take over, disassembling a train that has been...
s in the docks and freight yards. The exclave system of Staten Island
Staten Island
Staten Island is a borough of New York City, New York, United States, located in the southwest part of the city. Staten Island is separated from New Jersey by the Arthur Kill and the Kill Van Kull, and from the rest of New York by New York Bay...
was not excluded either. Each failure to comply was subject to a $5,000 fine per violation per day.
After the vote, but before signing by the Governor, railroads launched a public and political campaign to block the bill. On the eve of the deadline for signing, representatives of the B & O Railroad, New York Central, New Haven & Hartford and Long Island railroads convened in Albany for a last-minute meeting with Al Smith. They cited insurmountable costs of conversion (30 million dollars for the LIRR) and the dangers of electrifying urban at-grade railroads. Kaufman brought his own party of civic activists and businessmen and prevailed: Smith signed the bill on the next day, Saturday, June 2, 1923.
The 1923 act did not attempt to redesign the existing track or decrease at-grade railroad traffic. Kaufman addressed this issue in his 1924 "Death Avenue Bill" that attempted to regulate the NYCRR West Side network. The bill did not pass, and debate over West Side trackage continued into late 1920s.
Dieselisation
In March 1924 Baltimore and Ohio RailroadBaltimore and Ohio Railroad
The Baltimore and Ohio Railroad was one of the oldest railroads in the United States and the first common carrier railroad. It came into being mostly because the city of Baltimore wanted to compete with the newly constructed Erie Canal and another canal being proposed by Pennsylvania, which...
began electrification and elimination of grade crossings of its Staten Island lines, for an estimated cost of 13 to 15 millions (not including freight lines). Conversion of the SIRT to electric traction was mostly completed by the end of 1925. Electrification of the 26th Street B&O freight yards was uneconomical, and instead the company ordered its first diesel locomotive
Diesel locomotive
A diesel locomotive is a type of railroad locomotive in which the prime mover is a diesel engine, a reciprocating engine operating on the Diesel cycle as invented by Dr. Rudolf Diesel...
. Its predecessor, the GE-IR diesel demonstrator was tested in upstate New York in 1924. B&O's and Manhattan's first commercial 300-hp, 60-ton ALCO boxcab
ALCO boxcab
The ALCO boxcabs were diesel-electric switcher locomotives, otherwise known as AGEIR boxcabs as a contraction of the names of the builders. Produced by a partnership of three companies, ALCO built the chassis and running gear, General Electric the generator, motors and controls, and Ingersoll Rand...
switcher was placed into operation in 1925. Earlier in 1925 Central Railroad of New Jersey
Central Railroad of New Jersey
The Central Railroad of New Jersey , commonly known as the Jersey Central Lines or CNJ, was a Class I railroad with origins in the 1830s, lasting until 1976 when it was absorbed into Conrail with the other bankrupt railroads of the Northeastern United States...
put in operation a similar diesel switcher at its 138th Street waterfront terminal in The Bronx
The Bronx
The Bronx is the northernmost of the five boroughs of New York City. It is also known as Bronx County, the last of the 62 counties of New York State to be incorporated...
. B&O No. 1 and CNJ No. 1000 were the first American diesel locomotives in regular service. They turned out to be reliable and durable, worked into the 1950s and survived to date. In 1925 B&O purchased a gasoline
Gasoline
Gasoline , or petrol , is a toxic, translucent, petroleum-derived liquid that is primarily used as a fuel in internal combustion engines. It consists mostly of organic compounds obtained by the fractional distillation of petroleum, enhanced with a variety of additives. Some gasolines also contain...
-burning switcher, thus completing their compliance program (their next diesel purchase did not occur until mid-1930s). The Delaware, Lackawanna and Western Railroad
Delaware, Lackawanna and Western Railroad
The Delaware, Lackawanna and Western Railroad Company was a railroad connecting Pennsylvania's Lackawanna Valley, rich in anthracite coal, to Hoboken, New Jersey, , Buffalo and Oswego, New York...
purchased two similar switchers and put one in operation at their 132nd Street Harlem Transfer yard as Harlem Transfer #2 and the other locomotive as #3001, which was assigned to their 25th Street Freight Station in Brooklyn. Erie Railroad also purchased two 60 ton 300 hp box cabs: #20 which was built in May 1926 and sent to their "Harlem Station" freight terminal, and #19 which was built in September 1928 and operated at their "West 26th Street Freight Station" in Manhattan. Successful introduction of diesel traction led to the 1926 amendment of the 1923 law that allowed operation of diesel locomotives in the city.
The Long Island Railroad authorized a 4 million conversion plan in April 1924. The New York, New Haven and Hartford Railroad
New York, New Haven and Hartford Railroad
The New York, New Haven and Hartford Railroad , was a railroad that operated in the northeast United States from 1872 to 1968 which served the states of Connecticut, New York, Rhode Island, and Massachusetts...
converted its New Haven-New York route to 100% electrical traction in June 1924. The Pennsylvania Railroad
Pennsylvania Railroad
The Pennsylvania Railroad was an American Class I railroad, founded in 1846. Commonly referred to as the "Pennsy", the PRR was headquartered in Philadelphia, Pennsylvania....
made plans for electrification of its three main lines, including Philadelphia-New York, but, as of June 1924, did not have funds to begin work in near future.
New York Central and the city
The NYCRR, on the contrary, had posted record profits for 1923. The railroad finalized its electrification plans and brought it for the State approval in November-December 1924. The plan called for the electrification of the NYCRR West Side Line from St. John's Park to Spuyten Duyvil, BronxSpuyten Duyvil, Bronx
Spuyten Duyvil is the name of a subsection of the Riverdale section of the Bronx in New York City. The area is named after Spuyten Duyvil Creek, a Dutch name with various historical spellings and meanings, the most plausible of which is "Spinning Devil", "Devil's Whirlpool", or "Devil's Spate"...
but excluded West Side freight network. Electrification of freight network, whether by third rail
Third rail
A third rail is a method of providing electric power to a railway train, through a semi-continuous rigid conductor placed alongside or between the rails of a railway track. It is used typically in a mass transit or rapid transit system, which has alignments in its own corridors, fully or almost...
or overhead lines, was impractical. The NYCRR effectively brought talks to a stalemate by demanding elimination of all grade crossings on the West Side, to allow the same standard of safety and engineering as on its other lines. In November 1925 NYCRR announced a plan to invest $30 million in the electrification of its West Side Line, contingent on the city's decision to close grade crossing. Discussion of this and similar unrealistic proposals dragged for another year.
Injunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
against penalties for non-compliance with the Act. They asserted that the $5,000 a day fine will paralyze deliveries of food, mail and business supplies. In March 1926 the railroads and freight terminals initiated a lawsuit against the Kaufman Act. They demanded to make the temporary injunction permanent, indefinitely restraining city and county officials from enforcing the penalties.
This times the railroads asserted that enforcement of penalties ($600,000 a day for NYCRR alone) is tantamount to outright, unconstitutional confiscation without due process of law (see Fifth Amendment
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
). This allegation allowed them to bring the case directly to federal court presided by Judge Learned Hand
Learned Hand
Billings Learned Hand was a United States judge and judicial philosopher. He served on the United States District Court for the Southern District of New York and later the United States Court of Appeals for the Second Circuit...
. Old arguments of insurmountable costs and unreasonably short notice were brought along too. The State representatives argued that the case falls under state, not federal, jurisdiction, to no avail. Simultaneously, the railroads demanded extensions of the deadline up to five years from the State's commissioners. Judge Hand ruled that the Kaufman Act was unconstitutional inasmuch as it infringed the constitutional Commerce Clause
Commerce Clause
The Commerce Clause is an enumerated power listed in the United States Constitution . The clause states that the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Courts and commentators have tended to...
, and extended the injunction against fines. The State Assembly amended the Act to comply with the concerns raised in the ruling, extended penalty deadline for another five years, and allowed use of diesel locomotives along with electric ones.
On July 1, 1926, when the lawsuit was still in progress, Hylan convened a conference of city and railroad executives. It resulted in a general agreement to remove surface tracks from West Side altogether. The Engineering Committee appointed at this conference presented their detailed plan in May 1927 and secured an approval of the State Assembly in 1928. In July 1929 the NYCRR finally agreed to cease steam traffic north of the 72nd Street in two years time, and remove all tracks south of the 60th Street, in five years. The 30th Street freight yards were allowed to stay. The project resulted in the all-new, 13 miles (20.9 km) High Line that cost $150 million and opened up in 1934. It was electrified with a third rail
Third rail
A third rail is a method of providing electric power to a railway train, through a semi-continuous rigid conductor placed alongside or between the rails of a railway track. It is used typically in a mass transit or rapid transit system, which has alignments in its own corridors, fully or almost...
power supply and separated from street traffic. The new elevated line passed directly through the warehouses, some of which contained sidings hidden from public view. The sidings were not electrified and were served by new tri-power switchers built by General Electric
General Electric
General Electric Company , or GE, is an American multinational conglomerate corporation incorporated in Schenectady, New York and headquartered in Fairfield, Connecticut, United States...
and ALCO. They could run on diesel, third rail, or battery power. The long-distance trains of the West Side Line were moved into an open below-grade trench and tunnel that run west of the 10th Avenue
Tenth Avenue (Manhattan)
Tenth Avenue, known as Amsterdam Avenue north of 59th Street, is a north-south thoroughfare on the West Side of Manhattan in New York City. It carries uptown traffic as far as West 110th Street, also known as Cathedral Parkway for the Cathedral Church of St. John the Divine...
.
Further reading
- Morag-Levine, Noga (2003). Chasing the wind: regulating air pollution in the common law state. Princeton University Press. ISBN 0691094810.
- Industrial & Offline Terminal Railroads of Brooklyn, Queens, Staten Island, Bronx & Manhattan