New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-10-31

APPELLATE DIVISION or THE SOfkENH
COURT ASKED TO REDUCE THE
CONTRACTORS BOND.

,rh ,,nlic,tion for the reduction of the amount
OF tho bond to be required from the contractor
for the proposed rapid transit road was arbue"
Yesterday before the Appellate Division of the gu
prcmc Court. Presiding Justice Van brunt ana
Justices Barrett, Patterson and lnsrah'm "'"'"
the argument
T. NJ shepard OF counsel for tho Rapid TRANSIT
Commission. related the circumstances uno''
which the Appellate Division had required lHhl It
stimulation be- inserted in any contract when might
be made for the construction OF the road that Il
bond should he required in excess OF the statutory
.roguiroment the bond being not less than }D""v"'
to insure the completion and operation or the roa"
Tho Board now applies for the reduction OF the
amount required to $4,000 Mr. shepard con-
tinued. referring 10 George HanrisKie WHO "~
present to oppose the application;
! hardly think tho amount of tho bond was hEed
ont Of lnv special regard for the Interests 9l Ni
Zahriskics clients, who oppose the cons
tIo rold altogether The total assessed Vaiu.t'1n7
Of the properties. tho owners Of when Mr. ,"ns
hri-kic represents, Is only Aln.r' - 49,, '', ,na,
XJU0OoO WOuld hardly be expected 10 Prvi,C' NM
Was nNed I'm order to protect ne NJ ." road
mo question now before the Court -, tneI',oi",
whether IN present conI o6 ~ re reoring that the
bond shall be- sl50,0olo. or by reducing the "'"'"
Mr. Shepard then stated that the scheme OF tne
Commission had been modified to the extent 'n'l
n WAS proposed 10 construct first the section i'"'"
the Brooklyn Bridge to Fifty-ninih-st' inns S''
ton was at once the most ollilcu' ~
and the most important ..
Mr. sborard then considered tho various points
made recently by Controller Coler regarding inc
matter The Controller held that the cAact'o" OF
so large a bond would really be injurious 10 inc
oitv and that il would defeat the object OF lho
court I'm fixing ON such a high figure II Wou"
lessen and perhaps prevent competition Tor inc
contract. u,,,o
George Zabriske followed, opposing the apphca'
tion tie maintained In the first place mat ,"'
stimulation WAS am essential factor IN the jung
mont already made and. being part of hnai Juos-
ro.nt a. could NOT he modified now any more ''A',
,,y other Judgment. Mr. Iabriskie also oec''i''
,b.t th. city could not at present underline INC
,,,rk bccau.c Of the provision OF law regarding
the debit mourning capacity Of the city. 49,
corooratiol Counsel Whalen spoke ai'er ~
1,hrispic fac said that the city authorities were
satisfied that the city would save money j" '"
bond should le reduced. He went on
would favor having the city construct me 5 oap
3, 49, ,,.re nossihlc under the present hapii
a,r',if law am sorry the city cahH1l D''tu
and operate the road. That Is no. 80 fr In
der the present law, hoWeEtI ana ',v i,nneratt,
,bat thera Should be no further unnecessals 49,
in getting tho work started WIZ S"i ~ the
that / have myself calico ' ~, the inheritance or
R.,pid Transit Commissioners 10 1i.1 49," .if.,
f.,inuinc the road In the upper Par -" 'r,,ftlv
FIRST The need for gSRl f tronx and il that Sec
! t ~ . mo 6rsf 10 DE constructed the ROAD V Pun,
frsf meet real public need. ,i.r ~" about
Of property in that section '' ION as The road is
fnit h. will bc doubled. nat VIZ % mo cifv
Ion 49, 10 the debt mourning capacity Va ''' '
for some time 10 come
- Boardman counsel for the Ooi'''''''
also made q reply to Mr.. ZoprsAe, -,,.a.,o,
The court reserved decision on the application