New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-05-24
A MUNICIPAL CALAMITY.

The decision Of the Appellate Division of the
Supreme Court that the people Of New-lork can
not have what by an immense majority they
have said they want. not because any legal OBJ
stacle stands in the way but because five learned
Judges do not think that what they want would
he good for them is nj once bcwildcring and
calamit0uS And while aS whole the judgment
rendered is thus unwelcome. some features Of
the opinions in which il is set forth are especial
~ queer and veXatioIS
One Of these is the assumption that the finan-
cial burden which the community is anxious TO
bear would crush IT, We call this an asSump-
ton inasmuch as it rests not upon Il broad foun-
dation of reasonable probability, but upon an
arbitrary reversal Of all tho lessons of expert
encc No conceivable calculation as 10 the future
is more rational and safe than the expectation
of NETWORKS continued growth in population
and wealth. An individual Of established ca
paclty and brilliant prospects is not generally
warranted in assuming an obligation which the
uncertainties of health and life may make it i'm
possible or extremely difficult for him to fulfil.
The Appellate Division applies Ibis sound propo-
sition TO the case Of a municipality whose exist
encc and prosperity are guaranteed for all time.
50 far As human reason can discern what is to
causing the limit of Indebtedness to reccde, and
the surest means Of enlargng the margin OF
safety with uncxamplcd rapidity is the vast pub
lie Improvement which the Court forbids.
Another strange and intrinsically worthless
announcement of the Court takes the form Of a
contradiction II is explicitly conceded that
there is no problem which engineering science
cannot solve, and in close connection with that
&, inn, Ia a.
and intolerable Interference with traffic and
business would inevitably result from the con
struction of underground roads. Much incon-
venience. discomfort and temporary loss would
doubtless be caused and if the objcc, were SOM
thing less than vast and permanent public
benefit. the undertaking would be unwarranteI.
But in comparison with the universal blessing
obtainable the sacrifice involved is insignificant
The city whose affairs are controlled by con
siderations seriously affecting only small frac-
ton Of its inhabitants for brief period of time
would deserve to decay If its inhabitants We're
responsible for such management.
A third assertion which is made to figure as
an argument is found in the opinion Of Justice
Rumscy. of Bath who Is convinced that 1t Will
not do to terminate the proposed road at any
point short of the upper limits Of the city, in
aSmuCn as the numerous SIsltInS dItdul lil
operation are sufficient for the transportation
"of those whose places Of residence are below
the upper limits of the city" II this Is a fact
ii is certainly novel fact 10 the vast multitude
Of citizens who have endured unspcakabc mis-
cry for many years. with vivid consciousness
Of suffering. though with amazing patience. hop
ing at times against hope but lately with an in
spirting growth Of confidence. that the begin
ming of the end Of their long travail would sure
~ come in their day. We hope they may derive
spiritual consolation from the assurance OF the
learned and excellent Judge who has lately come
to live among them for part Of the year thai
they have little or nothing 70 complain Of so LONG
AS they reside south OF One -hundrcd-and-cgh iy
| ffthst.
Passing from these particular misconceptions
to the broad fact Of an rrcvcrsible refusal 10 lei
the people Of New-York provide for their great
! est and most kccnly realized want, we must
! maintain that the failure Of the Appellate Di
! vision to comprehend the case before il is Il,
| complete as its power 10 inflct stupendous
| misfortune on this city. The questions which
the Court settles by arbitrary authority had beer
! deliberately and conclusiyely settled in reason
before they came within its jurisdiction. THAI
! decision has been rendered worthless. but it re
| mains sound