New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-03-24
TIE RAPID TRANSIT ACT UPHELD.

After delay which has been unfortunate
though perhaps unavoidable, the Court Of APP
peals has affirmed the consttutiOnality of the
Rapid Transit Act. That the decision will be
acceptable to great majority of the people is
scarcely to be doubted, for the people by large
majority approved the law which the Commits
sion has been endeavorng to carry out in the
face of selfish opposition. over and above the
practical benefits which are expected to follow
the clearing of the legal pathway TO rapid tran
sit it IS a satisfaction to know that the ConsU
tuition cannot be made to furnish technical OBJ
stacles to the realization Of scheme which has
been under discussion for many years, which
the Legislature deliberately authorized in obcd-
ence to public opinion and which the people
subsequently ratified by n commanding vote.
If there ever was a time when the voters knew
what they We're doing It was when they deter
mined that thi, city's need OF new transporta-
ton facilities was imperative as TO warrant
the Use of the city's credit in establishing gcnu-
inc rapid transit system. That AZ least is our
belief based upon all the evidence that Is avail
able and il is not disturbed by the circumstance
tina: the Appellate Division Of the Supreme
Court when the original plan of operations came
before Ii for acceptance or rejection, decided in
substance that the people needed to be protected
against themselves.
Thas plan, which contemplated an expendi-
ture OF somewhat more than SjO0OO,O0O. has or
necessity been modified TO meet the principal
objection inerposed by the court. The present
scheme is less extensive than the earlier one and
on the whole less satisfactory; but i Is capable
of being expanded to fulfil the original purpose,
and we have no doubt that ii will be almost as
soon as the people have begun TO realize the
advantages OF swift and comfortable convey
ance from the neighborhood Of the Posof1ce 10
the northern limits Of the city. Perhaps there
IS a less confident expectation OF that blessing
than there was two years ago. when it was sup
posed that q long contest had ended in 2 de-
clsive victory. At least it would not be strange
If this were So for the community has become
used TO the Introduction of successive obstacles,
and may find it difficult TO believe that there can
be any end to them. But IT certainly seems as
If the last legal embarrassment had been over
come and the prospect had been permanently
cleared in that respect.
There remains the question whether or not a
responsible bidder for the franchise will appear
The actual and projected Improvement OF sur
face railroads has to be considered, but II Is more
and more apparent that they can never satisfy
the demand for rapid transit In city OF such
distances as New-York. The Commission has
recently intmated, moreover, that 1t has good
reason TO expect a satisfactory offer. Though
the delay has been long and wearlsome, the time
has not been wholly wasted. for the Work or
perfectng the plans has gone forward, elements
of uncertainty have been eliminated, the invita-
ton to capital Is to that extent at least more at
tractive than It was at an earlier date. ana cap
ital Is presumably more ready TO embark in an
undertaking of great magnitude and original
character Without, therefore, venturng 10
make sanguine predictions, we do congratulate
the Commission upon the judicial decision which
sustains its operations. and the community upon
its better prospect of obtaining what 1t has sore
ly needed so long and has once formally voted
10 procure.