New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-11-11
THE BOND Is REDUCED.
DECISION OF THE COURT IN THE RAPID
TRANSIT QUESTION.
TO FURNISH SECURITY OF
s50oo.0oo INSTEAD OF $4,000 ooo-BE-
LIEF THAT THE WORK

s5oooooo INSTEAD OF s140o0,ooo-BE-
LIEF THAT THE WORK
WILL NOW PROCEED.
There was heartfelt satisfaction among the
friends OF rapid transit when 1t became KNOW"
yesterday that the Appellate Division OF the su-
preme Court had reduced the bond which must
be given by the contractor from $l4ooo'V" 10
So, 600 OO0 thus removing what appeared 10 oe
the only remaining barrier worth serious con-
sideration to a speedy beginning of the long de-
ferred enterprise Justices Barrett, Pat'e'so"
and Ingraham cleared away the wellnigh insur-
mountable obstacle by giving an affirmative an
swer to the petition OF the Board OF Rapid IRAN
sit Commissioners Chief Justice Van Brunt o's-
senting.
Here is the consentng opinion:
Per Curlam: .,,, .,
The Corporation Counsel on behalf OF the CITY 90, OK
NewYork. having Joined with the id hapre ba mnnici
pal authorities, well as the Rapid IL ahsr oUin
having M % sen a 'Has Hew IN Of the FORM
Of the contract and the conditions under which the
nrDiac Tas R c fSad hs Is Rapid rans
are relieved from the stipulation which they or, saSs
b npon the e soproVng OF the
Sona Sn Of Of this w riwa Be compance PHI with
stipulation.
Here is the dissenting opinion OF Justice Van
Brunt
I cannot concur with the majority Of the court In
the disposition Of this application, While IN view N
Curing ol ins bend IN the sum of $4,000 10
the performance Of the proposed rapid transit SIn
ment Reduction in the amount Of such III bond ,Sa
be the ys doss a0t se to s
should be made as virtually to deprive them OF the
y bs coTr %ncd deeed absuy for their
protection and upon which the consent Of the court
So far as the consent Of the city authorities to
the road is concerned, that IN no way protects
pa ssing upon this application Is bound to protect
The argument advanced that the security de-
reamIred in similar contracts is Of no possible
weight because there has never yet been con-
tract entered into presenting any or the peculiar
features which are so prominent in the proposed
rapid transit contract. While a 10 per cent bond
might possibly be reasonable security for con-
structon It Is after construction is completed that
the main burdens Of the contractor begin He ~ Is
enterprise his own money to the extent OF over 80
per cent Of the entire cost of construction and In
one-half the amount IL required
THE CASE OF BOSTON.
1t is conceded upon the moving papers that that the he
security required by the city or Boston upon lts
rt in the case at bar to bond Of from 5000
COO 10 SO The security required by the United
states s b, n bonG d of @ from to
and can he "ited where work OF In, .nc e.,
question Is to be prosecuted. that It has been al
lowed TO proceed upon the giving by the contractor
Of such grossly inadequate security as mas ho"
been determined upon. ,,,. -. .,,o
1t be observed that this pecuary S OF OF the ,he
contract was the reason for fixing the nond ~ tne
amount mentioned upon the original appncston'
and these conditions have We nj, % arg TO- be paid By
the city the contractor out OF his own moheS h IL
bound to equp ana run ,t the roared to contrib
ute nothing and this agreed contribution cont dan M mus. s
Which the citv has over entered into before or
Contractor faii in the performance Of the contract
as was originally stated. II must be because n, .ne
expfnses % of anG S the cy must
sarlly furnish tho MANY additional n,lI,ohs req"i
10 complete and make the work useful
MAY BEGIN NEXT WEEK
Corporation Counsel Whalen when seen later
in the day was in high feather over the decision
CT the Appellate Division. referring to 1t as FOL
lows:
II looks now as II the advertising for bids would
begin the first Of next week and there is niue
doubt about there being responsible bidders Iee'
soi,se lent ali the assistance could to the rapid
transit project as early as eighteen months 1 aso
Of a constitutional amendment separating the city
from the county debt as to give the city lattude
never for minute lost confidence in the outcome
Of the attempt to build II EYrry 9ne knPws nov vder whq
ground road will be twice as great beneft 10
Manhattan as the Bridge ever was !, takes about m
to observation-disclosures twenty ffth-st. at the busy
time Of the DAY Wh ba anse hs n ecn
and there will be no smoke or obstructions OF any
have been OF the opinion all along that the work
should be begun on the upper end hrst do not
appeal of lir Zabrskie to the Appellate Division
and his defeat there disposes OF him think lie
is no telling what kind OF distractions can be
placed in the way Of the work There have been so
are unwlse. | believe that the underground road
will make MewYSTk CITY the & geeaESt Wba city w. in rsss sss
now is TO make the way clear for the building Of
s York hasd asd FiSfbushaVe Brooklyn That will de-
veop Brooklyn and Long Island and keep our
pire State instead Of sending 1t to New-Jersey.
VIEW OF THE CONTROLLER.
Controller Coler said that the decision OF the
Court taken in conjunction with the adoption
Of the constitutional amendment separating the
city and county debts. now made the construc-
ton OF the tunnel a certainty. He said there
would be no more opposition from the city au-
thorities. and the only remaining difficulty
would be the finding Of a contractor. The re-
duction of the bond had made this much easier
task than II was before. but should no contrac-
tor come forward even now, Mr.. Coler thought
the city should undertake the work itself and
contract the tunnel by days work. He thought
there would be no difficulty about the citys
getting legislative permission for that purpose.
but did not anticipate that such means would
have to be resorted to.
MR.. ORR ACTS AT ONCE.
The president Of the Board. Alexander f. Orr.
was seen last night at his home, No. 102 Rem
sen-st Brooklyn. He said:
"A soon as heard OF the Courts decision called
n meeting OF the Board for Monday We will lose
no time In changing the terms OF the contract to
suit the altered conditions. IL must then be sub
nItted 10 the Corporation Counsel for his approval
and Mr. Whalen has assured me that he will APP
nrove IL without loss OF time Immediately that Is
done we will begin TO advertise for bids We will