The sun., 1894-09-24

lies Of the city and the increase OF population
demand" The FIRST contract provides that the
zrantees Of the railroad are to equip and operate
The railroad for a term Of years, to be specified
In the contract, not less than 81 yeare nor more
than so years. with covenants Of renewal for
terms not limited. IL is apparent that the grant
will be made for the longer term, because II
would not be desirable 10 take the shorter term.
Of IS years. in a grant TO be extended by renew
ais into endless futurity. II II would he proper
to make It for 35 years, II certainly would be
more reasonable 10 have IL At the outset for the
longer term provided Of so years. Thus II Is
fair TO assume that the initial contract will be
for so years.
Now let us see what the Commissioners have
the power TO do, and are TO do, during the ex-
istence OF the grant and which acts OF suthori-
ty are TO be made matter Of contract stipula-
tion between the Commissioners and the gran
tees The Board may, from time TO time" In
case Of lien attaching a. provided in the sec
tion authorizing the contract, relieve from such
lien any OF the property to which the same may
attach. They may from time to time" agree
. with the persons who have contracted to con-
struct, equip, maintain, and operate said road or
roads or any Of them" upon "chsnges In and
notifications of the contract" In case OF de-
fault" at any time during the existence OF the
grant, in paying the annual rental, or failure or
neglect on the part OF the grantees faithfully
TO observe. keep, and fulfil the conditions. obli-
cations. and requirements OF said contract the
Board may take possession of said road and
the equipment thereof, and. as the agent OF the
contracting person, firm, or corporation, either
maintain and operate the road or enter into
contract with some other persons or firm for the
maintenance and operation thereof. This de-
fault obviously, may occur at any time during
the existence of the grant. Again, no contract
entered into under the authority Of the act can
be assigned without the written consent" OF
the Board Of Rapid Transit Commissioners.
This written consent may not be sought through
the usual course, such as age or disability OF the
grantees or their descendants, until the declln-
ing years Of the grant, say about the year 1914.
All these latter things, and other requirements
and conditions of the grant, demand that the
Commissioners shall continue in office and on
duty during the entire term OF the lease Then
the law says. further, "said contract may also
provide for a renewal or renewals OF the lease OF
said road. upon the expiration OF the originai
term, and of any renewals Of the same, upon
such terms and conditions as to said Board may
seem Just and proper"
These terms and conditions. following the
original contract and grant, in law and prece-
dent, will keep the Commissioners on duty
during the periods of the renewals also. How
long are these extensions 70 fhoiS -
no limit. The Office OF Commissioner OF Rapid
Transit, besides the advantage Of longevity so
| bountifully conferred. is a very comfortable
post in addition TO the dignity and influence
| appertaining tn its potentiality. The Board
may rent such offices and employ such engi-
| neers, attorneys and other persons from time
to time as It may in its discretion deem neces-
| sary;" in effect q staff or cabinet OF lawyers
engineers, and other attendants, in perpetuity.
The Commissioners. other than the Mayor and
! Comptroller are to receive q compensation to be
| determined by the General Term Of the Supreme
Court. OF course, this compensation will be
fixed with reference TO the onerous and respon'
sible duties to be performed. and the value OF
the time withdrawn by the Commissioners from
their important private affairs When the com
| pensation Is thus fixed, 1t is made the duty nj
/ the Auditor and Comptroller to audit and PAL
| the proper expenditures and compensation ol
| said Commissioners on vouchers therefor. to b
furnished by the said Commissioner" " In like
manner as other payments are now made. II
| provide funds with which TO pay said sums th'
Comptroller Is directed TO issue revenue bond
in anticipation of the receipt Of taxes; and th'
amount required TO pay such bonds and Interest
Is required to be raised by taxes in the year fol
lowing in which such appropriation is made
These expenses are TO be subsequently, repaiC
by the grantees. II they are able to do so. Thi
part of the act Is skilfully drawn.
The Commissioners are also authorized 4
adopt a seal; the seal of the city, IL appears
would not answer. The authority, TO be repre-
sented under q special seal, Is an essential In
cident of Incorporation, and gives q standing
and Importance of the highest character to tn
Commissioners. would suggest as design TO
the seal a vigorous representation OF the centur
plant, except, to preserve the simile. the plan
n a
would require a poetic license, which would
doubtless, be readily accorded 70 an occasion .
unique. Vacancies which may take place in tn
offices 20 held by the Commissioners. named b
| the Legislature, are to be filled by q maiOrt
| vote OF the remaining members OF the Board.
would be invidious TO point out those OF tn
Board who will first reach the patriarehal ag'
but they will all get there they pass thei
golden prime OF life; and this will unfortunate
ly be so with the youngest of them. even whe
the grant Is maintaining tts youthful vigo
under the original contract and before 1t enteI
on the reinearnations OF its interminable n
newAls.
Now. then. on what principle are these PR
destined patriarchs 10 be suceeeded1 Being
. great believer In the force and influence
heredity, I would ask, Could anything be belts
than that, where capable sons are in existenc
10y obvious arrangement and agreement anon
the retiring veterans. the sons shall succeed tf
fAthers7 These gentlemen have virtually ii
right. by the Inevitable understanding in sue
cases. to name their successors. as the Boar
alls its own vacancies. Thus these comfortAb
Commissionerships can descend from father
: son through the coming generations - ofnci
7 entails.
1t may be said that this extent Of extsnsi'
direct paternAllsm can be taken away OF Gu
! | tailed by future legislation. But that II not 5