New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-04-03
Rapid TRANSIT AND THE PEOPLE.

II cannot be denied that the Tammany adj
ministration though defeated through the Gov
ernors frmness in its purpose TO get control OF
the rapid transit situation and make huge
Job out Of its opportunity to play fast and loose
with public requirements. still has power TO put
serious. il not fatal, obstacles in the Commits
sions way. Moreover, having the power, Tam
many clearly intends TO exercise II. We are
not referring at this moment 10 the opinion Of
the Counsel to the Corporation In the matter
OF the debt limit, for that is a question nvolv-
ing complicated issues TO which respectable
legal authorities differ Our meaning Is that
the whole course Of the Administration since
IL came into office shows It's determination 10
antagonize 10 the limit OF It's authority and In
nuence an undertaking which it Is not permit
ted TO direct and that It has formidable re-
sources for the execution Of that programme,
derived from the Rapid Transit act itself.
The law for example. provides that contracts
entered into by the Rapid Transit Commission
must be approved "as 70 the form" by the
Counsel to the Cooperation. Obviously this was
not intended TO mean that the city's legal ad
wiser nigh; refuse to approve them for any
reason that suited his purposes; but practically
he could, at least for a considerable time. do
that very thing. Ultimately he might be judi
cially constrained to yield. but ne could GER
tainly cause great delay. We do not insnuate
that Mr.. Whalcn would deliberately stretch his
authority to cover the substance as well as the
form but in such case selfdccepion is
common fault. The law also provides that. for
the fulflment OF n valid contract, the Board OF
Estimate and Apportionment shall, upon the
reuuisition Of the Rapid Transit Commission
direct the Controller to issue bonds. But here
there are two chances for effective opposition
Neither the Board of Estimate and Apportion
ment nor the Controller Is compelled TO net
Quickly but either or both In succession can
accomplish virtual "hold-up" for an indeh
mite time Ultimately the courts might, and
probably would be invoked but again delays
would inevitably result. 1t Is true that the
Commission has an important legal advantage
over ordinary ltigants, for the law provides
that every action or proceeding brought by the
Commission. as well as every action or pro-
ceedlng brought against Il. shall have q prefer
"ence above all causes not criminal on the cal
"endar Of every court. and may be brought on
"for trial or argument upon notice Of eight days
"for any day Of any term on which the court
esha be In session" SO that II for the re-
moval Of any impeachment put in its path tho
Commission should determine 10 appeal 10 the
courts 1t could soon obtain the right Of way
but much time would probably be wasted be-
fore such determination was reached. These
are examples of the opposition which the Com
mission is altogether likely to encounter in It's
straightforward endeavor 10 carry out the will
of The people.
The situation. however. is not so hopeless rs
II might appear. for consideration Of The fact
that the Commission Is indisputably trying to