New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-12-04
NEW R4PID-TRANSIT PROPOSALS.

The promised statement on behalf Of the
Rapid Transit Commission, OF which more or
less inaccurate forecasts had already appeared
IN print was made public yesterday by Mr..
Orr To he entirely frank, II will at first he
generally regarded not holding out pros
poets favorable to the completion Of the task
on which the Commission has labored so long,
but rather as official acknowledgment or
greater obstacles than had commonly been
known to exist. To start with the report con-
cedes that the present city OF New-lork has
so far exceeded its constitutional debt limit
that new appraisement cannot reasonably be
expected. next year or for good While 10
come. to provide means for the municipal con-
structiOn of underground roads The commits
sion consequently considers itself confined to
two alternative courses, both Of which might
be authorized in a single legislative act. namely
% A request for legislation making the rapid
transit road an asset exclusively OF the county
Of New-YOrk (borougfs Of Manhattan and The
BronX), and correspondlngly making the ueo'
incurred for its construction q charge exclu-
sivey upon the county; and 60 request Tor
legislation enabling the Rapid Transit Board. In
ITS discretion, and it, for any reason. construc-
ton 10y the county is found to be impractcable
10 frame and sell to private capitalists char
ter for the road.
The Constitution Of the State has doubtless
been commonly supposed 10 forbid the first Of
these alternatives but Mr. Orr's statement is
accompanied by an opinion from the counsel
70 the Board. in which other lawyers Of repute
are known TO agree, that this Is mistake
proceeding from an insufficient study OF the
organic law. The clause of the Constitution
10 which Messrs. Shepard and BOardman give
this unusual Interpretation is follows:
"Whencvcr hereafter the boundaries Of any
"cty shall become the same those Of a
"county the power of the county to become
"indebted shall cease. but the debt Of the
county at that time existing shall not be IN
"cluded as a part Of the Gty debt" Their
argument. in brief is that the determining
words of This clause thereafter and shall
become; that at no time subsequent TO the
adoption Of the Constitution was the geograph-
zeal identity Of New York County and the for
mer city of NewYork created. and consequent
~ that the borrowing power of the county has
not ceased. but can be employed for the con
struction Of underground roads after the Legls
lature shall have modified the Rapid Transit
act 1t is never safe 10 anticipate the decision
of an APPELLATE court. but the reasoning OF
counsel on this point seems to be accurate.
There is another point. however, to which
they pay little or no attention. Int which is
perhaps Of even greater importance. In the
same article and section Of the Constitution i
Is provded that ANY debt hereafter incurred
"by any portion part Of a city, if there shal
abe any such debt, shall be included In ascer
claiming the power of the city TO become other
"wlse indebted" If the clause first quoted per
mits the county Of New-York 10 contract new
debt for rapid-transt purposes, the other clause
would ut first thought seem to mean that an!
debt so contracted would by so much dimin
ish the power Of the city 20 contract Indebted
ness and therefore In the present case would
partly. wholly or more than offset the new
margin expected to be created by new ap
praisement-a condition which would not b.
>>ierated In opposition to this view Il Y