The sun. [volume] (New York [N.Y.]) 1833-1916, 1894-10-19


consents at the threshold Of your labors
you have decided in favor Of the under
ground plan, approved and adopted by youl
predecessors. Some confusion exists in tbs
law, arising from the voting requirement
being inserted at the last moment, which
results in seeming contemplation that you
should again consider the plans Of your pred
ecessors and adopt them or modify them
after the Affirmative voting. You having,
however, under the obligations of your oath
Of Office, adopted, by q resolution without a
dissenting voice or vote, the system Of an
underground railroad, must not that result
be taken as the one fixed fact of your known
deliberations Or must II I've considered as
covert and deliberate deception II you
continue to stand silent, and allow these
partisan representatives to speak for you, is
there not danger that you will eventually
be made to occupy a position, not alone OF a
fragrant neglect Of plain duty, but one In
volving an inconsistency bordering on the
ridiculous
We stand for higher grade of journal
ism than has been exhibited thus fan In
treating this great question. The people
are entitled to he addressed in the press i'm
partially upon this and every other subject
in which their interests, great and small,
are involved. Concealment of essential ele-
ments Of fact, and important con
sequences, entering into decision of
the issue in a spirit Of INSCRIPTIONS
partisanship, is not fulfilling the high
mission OF free press. The de-
sign in some quarters would appear
to be to prevail ON the people to vote in
favor Of the scheme, by hook or by crook
and then on the faith OF that vote, they are
to be thereafter dumb and incapable. like
sheep before their shcarers, when further
legislation will he obtained to help the
scheme and hurt the people. The Herald,
with cavalier and airy impatience Mt the
inquiry of the people for information. says
further " Constitutional objections are also
urged against the proposed municipal rapid
transit, but they are without force"
What potentiality Of judicial judgment!
This is of a part with the play Of the emf
nent gentlemen who are your legal advisers.
When we treated the legal questions at
length, as we thought their Importance to
our readers demanded, in the review and
argument Of Mr.. SwEENY, who, we know, is
not in the interest OF the elevated railroads,
we selected four prominent gentlemen from
different departments OF the law and prac-
tical experience to give us. in the public in
terest, their deliberate Judgment on the
points and arguments which had been pre-
sented. These gentlemen were ex-Chief
Justice DAVIS. who has been on the bench
of the Supreme Court for more than quar-
ter OF a century, adjudicating with high abil-
ity and influence the great legal controversies
of his period, and still in the full vigor OF
his powers one OF the most valued and
employed counsel In cases OF
at the New York bar; also
HENRY II. ANDERSON, Esq, so eminent in
his profession and so long relied on by
great corporations as an adviser Oh impor-
taDt affairs; with Judge DILLON, having n !
national reputation as an able lawyer OF the |
largest experience; aud the Hon CHNUNCEY !
VI. DEPEw, who, educated to the law and |
thoroughly grounded in its principles al !
though for some years following other pur-
suits, possesses, as all will agree, u compre-
hensive ability and legal experience enti- |
Ting his opinion to the highest weight
These gentlemen have all agreed upon the |
of the act under which !
you ~ "ppo'n'eu' we pehe'e we are
Iu''."e" ~ saying 'na. the unanimous con
''"S'on VI 'he,e se"'ieiheh ~ Tue Heherai
'ense Vi ,no ies''i pro'ess'oi'' MI AN
'hh''H "'Ho "r,a'she" 'hat @rDarous
provision of the act, which allows
he Board To take possession of the
and required when the Comm ssioners
II Appraisal file their oath OF Office. paying
or it at leisure, perhaps years afterward.
70 Nioi"''on Vi '"e provision Oh 'ne 'ohst'-
wv" .n"' pN"'e property SnA'' not he
aAe" ,or puo''o use "'ho"' JUST cohIeh-
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io"' n'S manner vi "khs property Is
% huch III .ne olu anu seheraiS con
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u'isers ha'o iih''ateu your example, anu
oiuine 'heir arms Win hish u'snity' nave
". NJ