New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-01-21
SOME RAPID TRANsIT GUARAYTBEg

cOhE hAfID TRANSIT GUAhAA1EES.
suitable tribute is paid to the Rapid Tran
sit Commissioners by their former secretary,
Mr.. Lewis L. Delafeld, whose own services in
connection with the important undertaking now
under way well deserve to be remembered. A
day or two ago we deprecated certain imprudent
assertions TO the effect that the construction of
the tunnels would cause only slight inconven-
fence. and said that we fully expected to hear
pretty constant complaints of discomfort and
injury so long as the work was in progress. Re
ferring to the same subject Mr.. Delafield en-
phasizes our suggestion that 1t will be the duty
Of intelligent citizens who comprehend the tenn
porary burdens which an indispensable improve
ment must impose TO bear them with reasonable
patience, and he adds that before the roads are
finished the Commissioners will probably need
the support of such citizens quite as much as
they have needed 1t In the trying period just
past For he surmises that they will be sub
jected to all manner of attacks. and that success
sve attempts VIII be made to GUST them and
turn the control of the work over to the local
authorities.
We hope that Mr.. Delafield's forecast is I'M
necessarily dark. but 1t would not be astOnish-
Ing If the Tammany government, which now
seems we'll contented with the rapid transit sit
uation, should sooner or later renew its attacks
1T. But undoubtedly the attitude of Mr.. Melon
aid will count for a good deal, and If he and
the Commission get on smoothly together Tam
many may have neither the inclination nor the
ammunition for a fight Thus far the contrac-
tor has talked and acted in thoroughly sensible
manner and his reputation leads us TO expect
that he will be DESTROYS of avoiding friction at
all stages of his difficult enterprise. AS for the
members of the Board, they are reasonable as
well as sagaciOus men, and they will not exer-
else their authority in obstructive and irritat
ing manner, while firmly employing 1t to pro-
tect the interests of the city.
1t has been evident since the contract was
awarded, as indeed it was throughout the period
Of planning and negotiation, that the law under
which the Commission is proceeding Is not well
understood by many of those who freely discuss
the subject. The fortunate fact is that the pub
lie welfare is protected with unusual care and
skill in the Rapid Transit act, and there is no
good reason for apprehending municipal loss
and discredt from its operation. Mr.. Mcdonald
has been quoted, for example, as saying that his
business is to construct the underground roads
and that he has no idea of operating them. But
there is no need to look for complications inju-
riOus to the city on that account for he has con-
tracted not only to construct but to equip and
operate the roads, and the act expressly pro-
vides that contract entered into under its
authority shall be assigned without the written
consent of the Rapid Transit Commission, con-
Cured in by all It's members.
Much has been said about the security which
the contractor is bound TO furnish and, though
the final stipuiations in that respect are gener-
ally considered satisfactory, there have been
times when not only the Appellate Division of
the Supreme Court but good many private
persons have appeared to think that a much
larger bond was necessary. But there Is an ad-
ditional guarantee OF responsibility and good
faith which has not attracted much notice, for
the act gives the city first lien upon the roll
ing stock and other property of the contractor
constituting the equipment of the roads, and
authorizes it to foreclose upon the same in the
usual manner by an action at law. Protracted
litigation is another difficulty which has been
apprehended in case political or personal inter
ests should be enlisted to oppose the project,
and doubtless vexatous suits and consequent
delay are possible. But the act contemplates
that contingency and puts the undertaking in
specially favorable position by providing that
every legal proceeding brought by or against
the Rapid Transit Commission or the city in
lation to anything done or authorized under the
act, or against the contractor, shall have
preference above all causes not criminal on the
calendar 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
"shall be in session"
These provisions of the act are among the
most important though perhaps least familiar
securities which the city possesses for the faith
full and expeditions performance of the contract
which has been awarded to Mr. Mcdonald.
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