New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-05-23
MR ORR DISAPPOINTED
THE PRESIDENT OF THE RAPID TRANSIT va"
MISSION on THE DECISION

MISSION ON The DI'iTi'''-
Alexander f. orr III. president of the Rapid
Transit Commission. seen by reporter TOT
The Tribune Las, night AMI asked 70 say something
abou; the decision handed down by me ApPe"''e
division Of the Supreme Court He sail:
"It seems 10 me to be finding upon facts ana
there is TO appeal from It II 1t hai peeh "'
cslon In regard the constitn,ionaliy Of tne SUI
lect we would have had an opportunity 10 Hsh' IT,
! argue that the finding Of the Appellate Court To-
day Is absolutely nnai as 20 the existing pa" hS
devised by the RAPID Transit Commission We
understood from our lawyers that II the decision
had been favorable 10 US. II would nave o"e'
binding
81 have called "A meeting OF the Commission Tor
next Monday night and In the mean while nav"
asked our lawyers to be prepared 10 advise ~ whht
tho effect OF this decision II. feel sure In my own
mind TIM, II absolutely aside the existing plan
Of rand transit and what the Commission may 10
in regard 10 devslng another o. course cannot
say.
II would seem 10 me that after judge Van Hrnh'
had read the testimony that had been given by the
opponents OF The plan he had made up h's MIMI
mar the cost % the system wOull be much IN eX-
cess OF the amount placed az the disposal OF me
Commission by the act. am just IA certain as !
ever was that all We proposed To 90 couil nav
been accomplished within the 100000. and that
wnile testimony produced by the opposition spoke
OF much higher sums Of them reaching @.-
were in every way different from the road which the
Commission intended 10 build
with regard 10 the statements maze IN the 'e-
clslon that the Commission might compromise the
city Into condition OF absolut" insolvency De-
cause Of unknown cost. ! think the Judges have
overlooked the fact that the road could not have
been constructed un"as the contractor agreed to
build for price not exceeding that at tn" disposal
o. the Commission. giving security Tor IN" iuH''-
mcnt OF the obligation. and further agreeing 10 op-
erat, the road under lease. which would provide
for the paymcn' Of the ntef-t on the bonds n"'"'-
AIRY for it's construction. and an additional pny-
mont Of not less than per cent into the sinking
Fund. which would provide for the payment OF
the bonds maturity leaving the city IN posses
sion ~ the completed structure Tor all I'm" a
valuable asset TO the city Nor should It be lost
sight o, that unless security satisfactory to the
Commission was given to insure these desirable re-
suits the road never could be built
CONVINCED THAT ESTIMATES WERE COR
RECT.
Il am just as firmly convinced a. ! am that
SIT here that estimates were corrc't for they
we're not only first made up 10y our own engineer
hu, were confirmed by Msssrs Fteioy cooper
whom be originally called IN 10 assist him, ana
then arierward by commission n experts VINO
were called In 20 supervise rhese figures and IN
form tho Commission as - Their opinions OF thelr
correctness.
"Of course 30 long a. you have not absolutely
made the contract ana built a road o. this kind.
you cannot say what the result would De I'm every
detail. but as Far ns human foresight could 10 We
had made all provision to prevent the possibility
Z injury the city through mis- cacula ton. and
with our additional safeguards. that n We were
wrong IA our estimates II would be discovered by
the contractor. and II he contractor could not 10
the work FOR IN. amount set aside, then We could
not go on aud buid The Judge said that We might
plunge the c!ty Tremendously In debt, but this 80
could not 10 because ~ the safeguards against H.
We are a fet Of eight men. who are assumed TO D"
! Intelligent.
should not be accepted. Air Smith - certainly
| practical man. Mr. Rurr ~ the professor 90 cngl-
ncering In Columbia College. Mr. JenOut Is a prom
in.rt engineer. Mr. clark prominent In bridge
| regard To the construction OF the Hudson River
bridge. and Abram :. Hewitt IL skilled I'm iron
working
,rs and having that, We went TO the courts
and were In hopes that the courts would approve
| our plana We then Intended having another com
mission OF these experts 10 over the details OF the
the OF every detail before giving out the con-
| tract
| MIR Smith. In his testimony before the Commits
sion OF the Supreme Court stated that he wOuln be
| transit system which our engineers planned
| HARD TO FIND A LESSEE
1T is possible OF course, to build many different
| kinds OF roads but the most practicable one was
| that devised by Commission. one OF the am
cultles had to find essees for this road. and
| In talks with prospective essees discovered
that unless We had the line OF the road In
| nue. where travel was greatest we would find no
lessee. There IL a trouble that IA great many people
| overlook. They say that. OF course. Broadway
|