New-York tribune., 1890-03-29
MORE DELAY WITH SUBWAYS.
THE BOARD OF ELECTRICAL CONTROL EN-.
JOINED
SERIOUS FAULT BOUND BY THE COURT WITH
THE PROPOSED CONTRACT WITH THE
STANDARD COMPANY.


STANDARD COMPANY.
The General Term of the Supreme Court yesterday
handed down opinion reversing the decision of Judge
Andrews the subway question and granting the in
junction restraining the Board OF Electrical
Control from putting into effect The pro-
posed contract with the Standard Electric
Subway Company for building subways in the streets
of this city, The opinion Is that Of the court, COM
posed of Chief Justice Van Brnt and Judges Brady
and Daniels. There Is no dissent by any OF the
Judges from any part of the opinion. The ground
upon which the injunction is granted Is that the pro-
posed contract is altogether too loose, is subject to
too many interpretations and Is not binding enough
the Standard Company. The court also objects
to the provision allowing the company to mortgage
the subways, after they are built to any amount
which ii wishes This is objected to on the ground
that after 1857 the city has the right to buy all the
subways subject, however TO the mortgages on them
and subject also to all existing contracts affecting inc
property. This provision, the court thinks, might
prevent the city from acquiring control of the sub
ways for fair and reasonable price, The opinion
| then continues.
at Is true that some Of these defects arc not so
fundamental to justify, II they stood alone. tho
prohibition of the court that this contract should not
be entered into But there are others OF so radical
nature as to involve an entire want of authority In
the action authorized to be taken by the Board. These
attributes consist mainly OF the omission to bind the
Standard Company to the construction OF the subways
mentioned in the resolution and to do that within the
period Of year, which I'm the judgment OF the
| Board would be sufficient for that purpose. Ex-
perence demonstrated the necessity Of requiring
corporations in their contracts with municipal bodies
or their officers clearly aud explicitly to delre their
obligations and leave little possible to future
uncertainties for after the agreements privileges
may be obtained the exacting disposition Of the parties
contracting with these bodies is such to exclude
all possible concessions understandings which may
be essential promote and protect the interests Of the
public These contracts cannot be made in language
too plain concise to prevent the possibility OF future
disputes and controversies and while the granting OF
an injunction against the execution Of contract such
as the proposed Will be attended with some delay
in securing the accomplishment Of the object intended
| In the end be much advantageous TO tho
public that its interests shall lie clearly and cx-
| prcssy limited here than to permit the contract
now proposed to be entered into to be executed,
which could not fail to cngendcr disputes and would
| leave it to the volition of the Standard Company
| to construct subways not as 1t might aftcrward
determine to be most expcdent for its own interests
ave express opinion to whether or not. as
| the facts appear in this case, such condition OF
Control to enter into contracts for the con-
strIcton and maintenance of subways The order will
be reversed with $40 costs and disbursements and
injunction issued in the form to be fixed at the time
| of the settlement of the order"
| Owing to the decision Of the General Term, the
Board OF Electrical Control adjourned without action
yesterday to meet on Monday at p IN.