New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-02-10
RAPID TRANSIT PROGRESS
COUNSEL FOR THE BOARD OBTAIN AN
ORDER FROM THE SUPREME COURT

No time was lost yesterday in pushing forward
the few preliminarfes which remain before John
g. Mcdonald sign the rapid transit tunnel
construction contract. which it is hoped he will
30 on Thursday Albert B. Boardman and Ed
ward NJ Shepard appeared in the morning before
the Appellate Division of the Supreme Court and
obtained an order 10 show cause why the condi-
tons governing the securities which are TO be
given 10 the city for the construction of the tun-
nel road shall not be altered in accordance with
TIE suggestions made by Mr. Belmont The order
IS returnable on Tuesday at p. m. It was served
upon Corporation Counsel WhaIen and upon Ia
briskie. Burrill & Murray, the lawyers who op-
posed the reduction Of the contractors bonds
from s15.O9o,o00. Mr.. Zabriskie says he will
raise no opposition on Tuesday unless instructed
by his clients 10 do so, and Mr. Whalen is posi-
i've he viii make none. so that the court is ex-
pected 10 reach its decision on the same day
There seems doubt that it will be favorable
10 the acceptance by the Rapid Transit Board Of
the Belmont proposition. Said Mr.. Boardman
yesterday:
There viii not be any opposition I am certain.
What Is suggested in Mr. BeImont's letter in no
way affects the safety OF the city The bonds
that viii be furnished viii be ample for protec-
ton II this were not the opinion Of the Board
ard its counsel the application for such an order
would not be made
Nj Whalen said:
do not see any reason why I should oppose
the alteration. The Commission is perfectly
satisfied that the bonds TO be deposited BY the
construction company viii be ample and safe
So far ! knOw-and / have OF course. been
Informed on the subject-the city will be amply
secured by the method that they wish adopted
The four surety companies which will furnish
the 5. Oe00l0 bond as part of the securities are
the United States Fidelity and Guaranty Com
pany. the American Surety Company, the City
Trust and the National Su ETY. Company. An
drew Freedman, vice-pres dent OF the United
States Fidelity and Qua -anty Company, says
that all arrangements - We been completed, so
far as the companies are concerned for furnish
ing the bond.
We viii be ready - sign the bond" he said,
as soon as they are ready The terms have
been made satisfactory 10 everybody concerned,
and there is nothing more TO be done until the
contractor shall call for US"
John B. Mcdonald had a day Of comparative
rest. He said
There is nothing for ne 10 do and nothing for
ne 70 say until the Board OF Rapid Transit calls
for he. This, I presume, viii not be until after
the arrangements have been completed for alter
ing the conditions Of the bond. I am ready AT a
moments notice 70 furnish the initial bond for
s.. 10000. qualifying in twice that amount.
There will not be any delay on the part Of the
company, either and IL is certain that il will do
its part whenever the conditions that have been
submitted 20 the Board shall be accepted. I do
Within a week the contract viii be signed, and
the work Of digging the tunnel will proceed then
rapidly a even the most ardent advocate OF
rapid transit desire.