New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-05-23
JUSTICE RUMSEY'S OPINION.

Appended Is the OPINION VI JuSrSV iN"''~'' -
mart all the other Justices concurring:
In the examination of the questions presented IN
system by which people may be rapidly ana a, cf the
city OF New-York to the other is desirable ana
would be convenient ... h.o,thf,,,
and convenient places of residence which are WIN. .
n The Tsaf S Of GnH in Of the portion
city and at great distance from me P,ace1 Is ~
Ssyss SOME of many Si sheme by these
people may be transported conveniently, ss IN
tSe Extreme r upper portions Of city to their
places Of business at the lower end Of the city r.
Operated viii enhance the wealth Of the city and
increase largely its desrabiity as p,ahff scheme
INTO effect it IS necessary that some means should
s ae S by wd'h Will mot do
proposed road at any point short OF tne uP pe,
room can be found for the dwelling places of those
who are most interested In the ADOPTION OF ms
paiN ' Intended. The numerous systems already IN
operation sufficient for the TRANSPORTATION 9no or
limits Of the city and while those systems are nos
sufficiently eommodGus to permi tne at
ali hours OF the day. yet they are unGOnpaediy
n Se Central rGr ie portion Of the city Therefore
system Of rapid transit viii be useful or mes, TIE
W WlsSes city IT and connect one end the other
BY the terms of the contract the city Is not e1
iris road The benefits which 1t must derive are
entirely consequential and such as arise ron Inc Inc
increased convenience to great numbers OF us IN
ha bftants and the probable enhancenent Q, naues
in property In certain portions 1t ths TE 60, d,reny
from the operation of the road Is the annual a. a.
rscuircd 70 Issue and per cent per annum in add
ton for sinking fund to be payable after certain
The plan as devised has in view an undergoing
railroad extending from Battery Place tnrougn n
bnsSch Extending up Broadway and under the Bou
ievard to Ole-hundreda and eighty ST. ana on
through Fourth and Park ayes. to Mott Haven IL
Will be noticed that neither scheme mas IN si rosd re
the CIV limits but each branch stops several miles
d defect o. '''''''' 49,
VIEWED AS A BUSINESS NATTER
Tn. history Of such enterprises is uniform in
showing that tire estimated cost always falls snort
q, the actual expense OF construction. and In look
ing at a business matter a wise business man Will
always take into consideration the most nhior ~ u
nate condition that mGn, OSeu shall happen If
be said that the natural increase OF values IN
n great increase in Its debt. the answer is that we
are dealing and deal with existing conoillohn
ne M Ssnd with the in the
so When one examines into the propriety Oh en-,
saSs profit such as this is he should
consider not what may possibly occur IN me future;
WhetSer that condition will warrant him in incur
ring the liability which he is about 10 assume Any
enterprise Wnlch mlRnt OF even hioy, -
nair The credit OF this city or heavily burden the
taxpayers is not to be undertaken without grave
ynissivings An extraordinary exigency must exist
20 ins,,fy the authorization Of any such thing In
our Judgment that exigency does not exist with
reference to this road ,, .,.
must be conceded and while It cannot be az den te
thar the desire for II has been expressed by the
municipal authorities and by the people; yet IN
view OF all the considerations that have been pre-,
sented n us We of the opinion that II would
moi be proper for TO consent that the city shaIl
undertake the building Of this road upon this par.
lie In u
the road when built will not furnish a complete
system OF rapid transit from one end OF the city
~ fine other that II Is doubtful whether any large
nortion of IL can be built with the money now at
fhe disposal OF the city, and that 1t is certain that
tha expenditure OF the vast sum OF money even no"
authorized by the Legislature will take away the
mower of the city to engage In any other pubic
work however necessary. and may possibly 80 I'M
nair its credit that will not be able TO recover IN
the course OF many years