New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-09-23
ORR'S REPLY TO WHALEN
RAPID TRANSIT BOARD ON COKfOhA-
TION COUNSEI,S SUGGESTIONS.
THE LATTER SAYS THE COMMISSION HAS
AGREED WITH HIM on PRACTICALLY
81" EVERY PolNT-TEXT OF
THE ANSWER
THE ANSWE

THE ANSWER.
The Ranid Transit Commission held Us au-
iourned meeting in the rooms of the '""i"''
~ Commerce early yesterday afternoon anu
agreed upon reply 20 the letter "hic" was
sent to Alexander f. orr. president of the ''''i.
mission on Wednesday by Corporation '"ui'7''
Wbalon Edward NJ Shepard and Albert D.
Boardman counsel to the Commission spent "
good part If the forenoon drafting the reply l"
Mr. Whalen and the commission, Al us "''''-
ing i'm the afternoon. made few changes ]" 'n'
document Controller Colcr did not attend the
meeting The letter to Mr. Whaen was slsheu
by Mr. Orr rs president of the Commission anu
was sent 10 Mr.. Whalon's office about p. m
When Mr.. Whalen had read the letter ne sald
% newspaper mon
"Tho Commission has agreed with we on prac-
tically every point There is no question that
we arc going to get together Ny suggestions
were personal views but what regard as more
important than my personal views Is the building
Of the tunnel I am pleased with the COM
MISSIONS reply There Is not going 10 he any
hitch or obstruction placed I'm the way of rapid
transit My reason for wanting the work begun
ON the extreme uptown section is that tho
facilities for getting up and down below FIFTY
ninth-st are good but above Fifty-ninth-st
they arc bad and the most good would be done
by beginning the upper end Of the tunnel first
MIR. ORR'S REPLY.
The letter in full is as follows.
Office Of Rapid Transit Commission
September - 1892
Hon John Whalen Corporation Counsel.
Sir I have submitted your communication Of
ihe 2Oth inst. % the Board Of Rapid Transit
Railroad Commissioners. and after careful con
sdeiation the Board has authorized me 10 make
this reply Thr Board feels constrained at
the outset 70 point out that under tho statute
It has neither the right nor tho power 10 part
with the control or any part of the control Of the
proposed rapid transit construction The Board
Is by law made primarily and solely responsible
for such construction. and for the material
terms Of the proposed contract The Board
however. welcomes from YOU any suggestion
which tends To- the making of a better contract
or the speeding Of the great and paramount
public work, which the Board rs clad to learn
the city is in your opinion. nov in a position
u undertake" For convenience. / viii deal
with your specific suggestions in order.
Firsf-You suggest that there should he in
corporatod into the contract a provision
giving To tho Law Department Of the city
tno cnarge or the proceedings fDr coudem-
nation OF the lands The form Of contract
already provides that the entire Rapid Tran
sit statute IS ~ be deemed part Of the
contract. and that sections 30 lO a. r. l3
~ and later sections definitely deal with this
matter Section fl Provides with respect 10
real estate which may be needed. that the Rapid
Transit Board may direct the counsel to The
corporation ~ the said city 70 take legal
rrocec Ings 10 acquire the same for the said city;
and tho said counsel 10 tho corporation
shall thereupon take proceedings as in this mo-
tion provided The Board does not understand
that the contractor can have any control over
the mode of condemnation or. indeed. concern
with il. or that the contract with him should
prescribe IT, That matter Is governed. and we
ascur e.. must continue 90 be governed by stat
ne. The entire expenditure for lands is not
likely 10 exceed SlJO0OOo. so that this there
fore. Is only a detail. although an important
PROPERTY AS WELL AS PERSONS
second-You suggos, some provision for the
transportation OF light parcels and packages
Tie Rapid Transit statute authorizes the use oP
The Rapid Transit Railroad for the transporta-
ton ~ property as we'll as persons. In the view
of the Board the contract drawn would per-
nit the contractor, II the contractor should 50
desire. 10 use the railroad for such purpose
But to put this beyond doubt the Board will
upon your suggestion, add to the contract a
provision that the contractor may so use the
road. subject however. 70 the limitation that
the use Of the railroad FOR transportation ~
property shall be strictly subject To- its use. and
II necessary its fGll use for the transportation
Of persons
Third You suggest provision Of space
necessary for the installation Of electric wires
fQr lighting and telephone purposes and. To some
extent tor gas and sewer pipes This Board
LAS only power 10 provide for d railroad. 10 has
ro power 20 incur expense for any purpose not
directly or incidentally necessary to a railroad
I'm the first plan Of the Board. which was re-
iected by the Appellate Division. The Board did
propose 10 construct adjacent tO the tunnel then
projected under Rroadway "A subway for pipes.
wires and the Ike. This was strictly necessary
20 the construction Of the railroad because the
vast system Of pipes and wires under Broadway
had 10 be- removed and placed iu some subway
in order TO permit the construction of the rail-
road. But that purpose would not require along
the whole of the route now proposed the eX-
pense of the construction Of a subway The
Rapid Transit Board within the limits Of its
power. and Of the pccunarl means al its dis
rosal could not. therefore. lawfully enlarge the
tunnel in order 10 hold pipes or wires. More
over such enlargement. even If the needful
statutory powers We're obtained and the Board
freed from its pecuniary limitations. would re-
quire tho enlargement OF me street area "',
cuped That would. under the constitution ana
rapid transit statutc. require that all of the
proceedings heretofore taken should he taken
oyer again up 20 and including the hearing be-
fore the Appellate Division This proceeding
practically. would occupy about oishteeh
months, and as eXperi"nc" has several llil'S
demonstrated. II would involve enormous lao"I
and very large expense II rapid transit work
SIS 10 begin promptly any modification oi thc gen
eral plan nov proposed Is hnp"SSlp'. ~ ~
view of the BOARD. the control and use or the
tunnel should b. with the contractor Ih'''
cannot ho IN A railroad tunnel a divided 'phlt"l
without serious impairment Of efficiency ana,
still ,,orse without serious impairment OF salcty
our pr0posad contract gives the right 10 the
CITY 10 puf I'm the tunnel wires. conduts ana
tuues for police. fire and other municipal pun
poses In the opinion Of the Board. any con-
tractor might reasonably insist perhaps upon
tho elimination of this provision. ana al leaa'
that the number OF appliances to be placed IN
tho tunnel for municipal use should be limited
hy the contract. and that thcir construcuon' ''
rair and other care should be- I'm the nandS "i
the contractor The Board Is considering
suitable modification ~ tho contract 20 cover
this point There seems 20 have been some ms
apprehension In the public MIND as 10 me NaluS
~ tho subway privileges which could be utilized
I'm The raud transit tunnel as now planned
The tunnel. for reasons already stated had peeh
designed for railroad purposes. and without IN
references with such purposes no gas. sewer or
water mines and no unlimited number OF wires
for heat light and power purposes could pe
placed i'm the tunnel The Board Is, however
fully alive 70 the great valu" of suitane Sup
,,'a.e erociauv designed for such purposes. and
I'm its reports upon IT'S first design made 20 th'
common Council dated May .. 1893 the subject
was discussed az very considerable length. Al
,nn.,ah f.r Tho rnas sons already slated the Board