The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-12-19
TUNNEL MEN ARE STUMPED.
QUESTION THE COURTS RIGHT TO
REQUIRE 4 S1S,0o0,o0O BOND.

nut nt IL Required 80 . Condition Precedent
to Tunnel DiGEisE. and There Teu Are
Thsy Will Try to Get the Court TO Ezediry
the Requirement Some Time In the Future.
The Rapid Transit Railroad Commission mot
yesterday at It's rooms In tho Home Life build
ing to talk over the virtual defeat Of its tunnel
project through the findings OF the AppellateD Dr.
vision Of the Supreme Court and 70 try and IND
some means Of overcoming the prohibitivo TO
quirsmont of the court that any contractor to
build and operate the underground road must
DO required to give q continuing bond OF &1o.-
100000 for tho faithful performance Of the
work.
After the meeting Secretary Delafeld an
nouncod that Q resolution had been adopted
directing the commissions committee upon con.
tracts TO report ct az early q date as possible
whether II 10 practicable to obtain such a bond
80 10 suggested by the court, and II, In the judg-
ment Of said COMMITTEES. this DO decmed Inn
practicable, that the committee shall report what
amount Of security In money. bonds, or other
form can DO obtained from responsible bidders.
This resolution indicates that the commission
proposes to try to keep alive the scheme to
which 1t 10 committed. The greater part Of the
time Of yesterdays meeting was taken up BY .
presentation BY Lawyers A. b. Boardman and
Il. N. Shepard, counsel to the commission. OF
the legal and other difficulties which now
boset the hole In the ground. That the
commission and It's counsel realize that the
scheme is near its last gasp there is no
doubt. They have read and roread the opinions
handed down By the Justices Of the Appellate
Division of the Supreme Court, and can see in
them little but Encouragement. 1t 10 certainly
the belief of some Of them that the court 10
minded TO kill the whole business. and that re.
curing q stipulation for q $l5, ooo,o 900 bond 10
only . way Of letting the commission down
easy, One of the Commissioner said yesterday:
"Ifit 10 the real purpose Of the court TO mako
It impossible for US to build the road, this will
appear when the court 10 called upon TO tx the
form OF the order to DO entered to give tho opin-
No application will be made at present, by the
Commissioners to have an order entered. 1t is
question the tie r iaS ' 81 1hs Hppei has b Div fSSn' to
require ,he stipulation from them Regarding 2
into any such Stipulation, either with The court
IIegisistnre has. under the Rapid Trsnsi. act,
made II the duty OF the Rapid Transit Railroad
suSh bonds and security. as may in the jude.
ment Of the commission be necessary 70 secure
tho full pertormapoe OF tho contract ana 10 pro.
has NO right to interfere with tho free exercise
pd. = PSw Il tho 70 e eoSmission mhsy 1 sey: a 70 e 1ass
such a stipulation. they would be liable for
malfeasance in office.
Judicially. the right OF The Appellate Division to
$4,000, 900 bond. But this idea was abandoned
almost at once. In theory. 1t was said. this might
would be practically asking . member Of the
court Itself to issue o mandamus requiring
h {sS o9 sSe t to dS t Srs oas o. T ts.ir w Siiemm mot
for It is admitted that the court Is not bound
s sws /, by Sy,t TIE Pr snsa IN m oRiaai sna h n.9asa e, down. sSn.
ala che repor; Of AZ omrn!s sion At MI That.
at Sts spae. TIC Heu aou fss, W sh1 Ire Il Is u iSnnst sshs wiii
either 70 remove It's demand Tor the Slb, 5000 9
bond stipulation or else so to modify 1t as to
make 1t possible to find contractors who can
An elaborate presentation Of facts and argu-
court whom the motion 10 finally made to enter
STeS Ss"ssi sns Il tha Il tho e PGa o%Rnitt ss5e on o 0 nt 1asss
has been authorized 10 act. This commit
s .ss 's s%iss' Of and pF' sscFs, or /: f ass.: S Hsss
are, TO- confer with the representatives
Ht shS 'a nnde eif f. synatiists son ThG ss' e ss'S BECOME to ne
bidders for tho contract for building and operat.
,pf tn. o rG I'd a. sn tb to find ssn G Drss STset X tho how v much d
security. In this work and in the iinal p~resenta-
ton ofall the facts and to the court
Lawyer Beaman Of Evarts. Choatc & Beanan.
and a number OF other eminent lawyers who
matter eomos up it viii DO argued that no bond
o the size mentioned has ever been known to
be required in tho history OF the world.
On the other hand. the representatives OF tn o
opposing property owners will. be prepared to
8 ow to the further satisfaction Of the court
that the court 10 perfectly right In Its opinion
that the cost Of the work 10 SO uncertain that
the city will not DO safe unless such a bond
10 required, and that even after the road
10 built thors is, 30 grave a question
as to whether 1t will pay or not, that the con-
tractors would be liable to abandon 1t entirely
at some time and leave 1t q dead loss to the city
unless their bond were enormous and were to
continue until the expiration Of the entire term
Of from thirty-hve to fifty years. as required
by law.
are said TO be ready to bid to construct and OPP
crate tho underground road was disclosed yes.
terday by Frederick Esler. q lawyer of 40 Wall
street. This 10 tho Metropolis Contract Com:
pany.' incorporated on Feb. 81 with . capital Of
10000. Mr.. Esler says the capital stock
has since been increased to $4,000, 900. all
Of which has been subscribed. and that the origi.
nal dummy Board OF Directors has boon replaced
by men who represent tho real interests behind
u. This Is the company. Mr.; Esler says. which
has employed Charles Sooy Smith a. Its euRt.
nser. and he says that Lawyer Charles @. Bosnian
represents some OF its subscribers. Its ofice Ia
with Mr.. Esler, and In the same ONCE 10 the Co
lumbar Company, which. Mr.. Eeler says. was
formed to construct tho proposed tunnel under
the East River from Ann street bore to Burman
street, In Brooklyn.