The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-11-19
TRANSIT SCHEME WON'T DO
DEBr KNIT OF THE GREATER CITT
a PosITIVE BAR,
Tns Aaoptien or the ie-in-the-0rou
Plan or the Rapid Transit Commissioner
wou,d ne = Direct Violation Of the state
r.,-tteutto,-eo, Convincing FtguFes.

an UNDERGROUND fhllTOhu, htteT plhub III
by the Rapid Transit Commissioners. is one that
concerns the Thousands who are not at present
citizens Of the city OF Now York, but who will
b, after Jan. 1. In q little over a month the
charter OF the Greater New York will 60 into
effect. Then the present citizens Of tho city OF
Brooklyn. the counties Of Kings and Richmond,
and of part Of the counties OF Queens and
westchester will become citizens Of the city OF
New York, taking upon themselves all the
privileges and responsibilities OF such. In view
Of this It is quite reasonable that they should
demur to having thrust upon them tho respon'
sibility for a share in q debt Of $3b,ooo.o 900
from which they can hope to derive no direct
benefit.
Some Of the Brooklyn taxpayers. with q fond
meas for mathematics have been making tables
Of tho improvements the present Now York 10
to have, and those begun or contemplated In the
sections TO DO consolidated with Now York.
These tables show that the cost OF the improve
ments for the present city OF Now York will DO
greater by many millions than that for the Dor
ourhs Of Brooklyn. Queens, and Richmondp put to-
rether. These tables do not include the building
Of the underground railroad. As to that project
the directors say that, with the birth Of tho
Greater Now York no near at hand. the present
city of Now York has no right. all other obstacles
aside. to 20 into tho business of building an
underground railroad. 1t is not, perhaps, the
height of wisdom for the people Of the territory
soon to DO consolidated to 60 too deeply into
figures, because In doing so they would show
that their own communities are loaded down
with . burden Of debt that 10 not inconsidorable.
But these debts Of tho territories to be annexed
furnish all opponents of the underground road
with the stronge t possible argument against it.
1t has boon shown by THE SUN that tho pros
ent city OF New York is within less than So, 0o0,-
mn ~ tha constitutional Iaht limit and therA-
fore. cannot. under tho law. undertake thu
building Of this road. An examination OF the
financial condition of tho territories TO be an
nexod shows that, after Jan. 1, the debt OF tho
Greater Now York will far exceed the consti-
tutional limit. This road could not. of
course. be completed before Jan. 1. Therefore,.
should the present city by any misadventuro be
compelled to build the road. 1t would have a
contract on its hands which 1t could not possibly
carry out. In order that the situation may DO
understood. sections 4 and 8 of the Creator Now
York charter must be kept in mind. These sec
tions read:
"sEc. 4. All valid and lawful charges and liza.
biities now existing against any Of the munich
pal or public corporations or parts thereof
which. by this act, are made part Of the corpora
ton of the city OF New York, including the
county of Kings and tho county of Richmond. or
which may hereafter arise or accrue against
such municipal and public corporations or
parts thereof, including tho said coun-
tics of Kings and Richmond, which but
for this act would DO valid and lawful charges
In liabilities against the Same, shall be deemed
and taken to DO like charges against or liabili-
ties of the said city Of New York. and shall. &C
cordingly, be betrayed and answered unto by 1t
to tho same extent, and no further. than the
have been bound. il this act had not been
passed. All bonds. stocks, contracts, and obi
sioas. in Of shs n tha aeant and o, P Rinfs s snd a5s
county Of Richmond. and such proportion Of the
county Of Queens and of the town OF Hemp
after prescribed. which now exist as legal
obligations. shall be deemed, like obligations of
as are authorized or required TO be hereafter is
sued or entered into shall 30 issued or entered
tho .Ss e Sy s on NEW ,H t 4orf name of tho corporation of
..ss1 ! $; Al, law vs. q %. parts is Ct s,h 1sw q h ,ps %nnf.
solidated as aforesaid. or for the payment of
stch debt, Tor respecting the same. as well as
Gommonalty Of tho city Of New, York. shall re.
shall be carried out by the corporation hereby
constituted-to wit, the city of New Iork-and
a ANNA NAV ' be- suitable to- e the "aministration " Of said
corporation; and all the pledges, taxes. ASSESS
ments. sinking funds and other revenues and SO:
the debts of the municipal and public corpora
tons aforesaid, shall be in good faith enforced,
OF the city of New York. All tho valid debts OF
the municipal and public corporations men,
the county Of Kings and the county OF Rich.
mond, and the proportion OF the debt of the
county q 9nsenS and q the owl Of HemIstead
corporated villages, and school districts herein
united and consolidated with the corporation
heretofore known as the Mayor. Aldermen, and
Commonalty Of the city of Now York into the
city of New YORK, as well as the debts OF the lat.
city OF New York. as hereby constituted. So far
as resort to taxation is authorized or necessary
to pay such debts, such taxation shall ex.
tend equally throughout the territory of tho cor.
poration herein constituted. except that all as
for benefits, hrretofore laid or pro.
of such debts. or to reimburse any Of the said
municipal and public corporations which Gro
served and enforced, it being the intent
hereof that tho ebliEations and liability
cessor of Municipalities and public corpora
lions consolidated into 1t, shall be the same as.
s siHs not SSl G!aeF%ise .a Ss ff FisSSiiifitt sss of the the . Tssessi
constituent, corporations, and that the city OF
New York shall succeed to all Of their rights as
well as to their obligations and liabilities in re-
sPsct theroof' as herein otherwise specially pro-
From this 1T will be seen that neither the char.
tor nor the constitution under which the charter
was drafted fail TO consider any part OF the debt
Solideted; The debt Of the territory to be an.
noxod belongs. so tho lawyers say. to I've classes.
a~rTanged according to the political and munich.
are the county debt, the town debt, the city debt,
the village debt, and the school district debt. -
Testimony with reference to the funded debt
of those territories to be Incorporated In the
Greater New York was given before the special
commission. which approved Of the Rapid Tran
ait Commissioners report. No attempt was
made, however. to obtain evid nee with refer
ence to any debt other than the funded debt.
The debt from contracts already entered
contracted were no. inquired into. Therefore.
figures given represent the minimum OF tho
total debt of the territory to be annexed. No
evidence was produced to show that any part of
the debt was invalid or unauthorized. Tho
debt being, therefore,, within the authority Of
the respective corporations or municipalities is
protected by the provision of tho Federal Con.
Stitution which declares that no State shall
pass a law impairing the obligation of contract.
This provision and, II is said. the decisions OF
Sho United States Supreme Court, leave intact
tho power TO raise money by taxation, sufficient
Therefore, it will be seen that the greater city
10 liable for the debt of the present city of Brook
Ign. and for the debts OF Flatbush. New Utrecht.
Flatlands. Now Lots, and Gravesend. II is Ia
the towns of Northfeld, Middletown. south
field. and Westtield, the villages of New Brigh.
tim. Port Richmond F1payyatar and TnffanVilo