New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-12-18
Choice Gifts i"
Colgate's
Fine Soaps

la1IV OVuPO
the money therefor is produced by immediate nst
on1 sT1 arise as to he legality Of any contract
which may be entered into Tor me co
IS established with reasonable accuracy anS t the
ability to meet such cost is "n and
he Rapid Transit Commissioners u re,Pe Enae 9
constitutes hs epeys Whatever 81 may
our opinion upon those snSJee's ort Commission
ars and allow these legal questions 70 he set'ieo
IN the future particularly as II II sioo1I hv anv
terminea shat ' me Commssoners might make no
liability could possibly be imp tSoS "po" '"'
UItchfeld VS.. Bsllou, ia U. >. lsV)
BOND OF slSOo.ooo
In view OF the magnitude Of the under'ahhe
which we are asked 10 approve. ana the Nl'"' -,
terest which the city has in the prompt comple.'oI
NJ the contract for the building OF the ROAD "Ae"
entered into and it's effective equipment mamie
nance and operation think that we snou rnort
fore eT our CS@missioners by the entry
of an order TO that effect nave sTi" SommIsson-
ers n respect to security provided by Section 81
OF the Rapid Transit act for the payH . 'fajtbful
nerformance OF ali the conditions covenants ana
requirements provided for In the he SferSss Of the
city in substantial manner ana 70 dna T ri
stipulation should be filed by the ~, tape pond sneci
Ssd IN secton 81 Of the Rapid Transit act viii be
fxed at not less than N3ooO w. tha c,ty involved in
,.s advances OF credit for the work as 1t ~
L not e than ips fsnTe o the
form his its contract and 70 ehnoie tterpr,se IL
ne road 10 completion in case the enterppIiee -
,hron on It's hands by the default or forfeiture oi
the contractor: -.,.,,,o.,or raferred TO In
~, p1 3n-s sn9 o1inon an order will be entered
upon the usual notice. confirming the report VI ''e
supreme Court Commissioners
THE DISSENTING OPINION.
Jpst,ce merchants dissenting opinion Is nVe
or six times as long as that OF the maJoii'S "a
the Court He deals almost wholly WIN 'ne
question Of exceeding the 10 per cent oeo' nm
set by the Constitution. holding that the eH'4'
amount to be spent for the road must De coh.
sidered as part Of the proposed "oeo''u''@
once He says In closing:
With sincere desire approve OF this n pTans
70 be provided for the city of New-Iork Whicn SO
ardsn ds 9r f4 f future dsVeopent city
have confronted BY this S bo III bar to
tbn coHtracton of an obligation for the payInent Oh
this of money by the city OF 10 say that
comris Of law are bound TO administer me Ia" @e
tney mo efoace the provisions Of the Constitution
For this Court 10 approve pan wic a,.;s,on by a
Misunderstanding upon the principle urged by the eco cou M
seI for the Commissioners, that if this is true no
one WI mars $780, would be void that question
could determined IL some t Sthgr Of the
tract or the building OF the road would be an eF a.
By this cSnr s6G Of the SHaX Of Ss
form such DUTY The Constitution and laws OF ms
20 determine Whistler this road should be built In In
the performance OF It's GUY M bnr bv the city
Found TO exist When the application for the APP
cannot delegate the obligation Of 3
chat question to any other tribunal. we can az az
more avoid the responsibility Of making suG r Ge
ermnaion thar we can Tssys y oSer Question
fubmtted. or justify wrong determination Of any
y question when 1t is nconyensnt Or asagreeaU6T oj
perform nnf the eS Ses Wien %RGa w correct
decision Of the ;T9mtsd this is t duty Spor
the Court q Appeals nor upon any other cour COO o.
s trSqn az the e shS Of ss il iat
contract is one which thee city officials canno
oas Us aa and We s s approye it. ina; ne
tract may be MADE Saaf a seems 70 me tc
be plain violation by the Court OF its duty ana Z
refusal by the Court 70 enforce me por
every Judge when he accepts the trust imposed
'9Os am n' SATISFIED that upon this record conrac
made by the city OF New York to build this road 6H
pSs.d i Spo S the city an Indebtedness in excess
that allowed by the provisions OF me ~ M On
sat sne sUs could never result in the building
sny road called for by the plan before the tomms
HE attempt 10 build the road under lis PROVISIONS
would result in nothing but disaster to me CITY
New-York and to the property -o~ners aIone IN
Fer these reasons. in my opinion. the report o
the Commissioners should not be confirmed
II had been expected that decision was to HI
handed down yesterday upon the Rapid Transi
matter. and the room Of the Clerk Of the Cour
was filed with persons interested in the subjec
when the announcement was made. Many Wal
Street brokers had representatives. present. wh'
made a rush for the nearest telephones TO In
form their employers of the character OF M
decision number Of men made an immediate
effort to examine copies Of the decision, and III
hustle was so loud that word came from III
courtroom adjoining demanding sience. on
Wall street operator had line of clerks sta
TONED between the clerks office and the neares
telephone and the decision was shouted from
one 10 the other as fire brigades handle bucket
~ water Many OF those present were so please
that they slapped one another on the back u
their elee The news spread rapidly over TN
downtown business section, and IT was IN
principal topic Of conversation in the streets.