The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-12-22
TUNNEL MEN OBSTINATE.
DIsPUTE TIE COURTS HIT TO Ex-
ACT a SI5, 200, 600 BOND.

Il Ne Said That the Rapid Transit Ceumisstsn-
ere VIII Refuse to Make tho Stipulation
Required by the Court ana Have n Not'on
That they Gas GO to the Court OF Appeals.
The representatives of the Rapid Transit
Railroad Commission gave up formally yester-
day any faith they may have cherished that
the SIC, 900 900 bond which the Appellate d.
vision of the Supreme Court requires them to
stipulRte to demand from the contractors who
bid for the proposed tunnel road would boa
surety TO last only during the construction or
the road and not TO continue during the thirty
five to fifty years of the life of the operating
contract.
Secretary Lewis i. Delafold was the only
person connected with the commission who
had anything in particular to say yesterday
about the pickle in which tho tunnel people
find themselves.
There has never been any doubt" no said
yesterday, that the bond which the Rapid
Transit Commissioner are required by section
% Of tho Rapid Transit act to exact from the
contractors must be a continuing bond to &C.
cure not only the due performance Of the con-
tract for construction, but also the due per-
Torrance of all the terms of the lease. Tho
provisions OF the statute clearly and wisely
exact such q bond. although the act declares
that its amount shall rest wholly In the discre-
tion OF the Rapid Transit Board"
When the argument comes up on the order
to be entered under Justice Van Brunt's opin-
ion. the court Is to be told-of course in proper
languaRe--that it is absurd to demand any such
bond as one for $4,000, 900. Then when this
feature of the case has been carefully bolstcred
up with q mine OF statistics regarding the bonds
given on other contracts will come the real at.
tack. This vii be an intimation to the court
that II did not know the law and that the eNac-
ton of q stipulation from the Rapid Transit
Commissioners TO require n continuing bond of
gal and an invasion Of the rights of the Rapid
Transit Itailroad Commissioners themselves,
as fixed by law. A presentation will be made
regarding the asccrtained ability OF the syndi-
Gates that propose to bid to give bonds or put
up other forms Of security, and then, 1t Is be-
lieved, the Commissioners will rest their case.
refusing either directly or indirectly to stipu.
late that they will make the required specific
demand upon the contractors. They will prob
ably promise to do their full duty, SEQ that the
ctty's interests are properly protected and that
the contractors arc amply. able financially and
otherwise TO build the road, and then will rest,
confirming the report of the special commission
approving the building OF the road.
In case the court refuses to confirm the re-
port under these circumstances or enters an
| adverse order, 1t has been intimated that the
rapid transit people believe that they still have
o card up their sleeve which will win the odd
trick for thcm. What this ia none will say.
but IL was said yesterday that they had figured
out a way in which. IL the worst came, they
might haul up the Appellate Division for re-
view before the Court Of Appeals.