New-York tribune., 1901-08-16
WHAT RAPID TRANSIT INVOLVES.

It is reported that several merchants doing
business on the east side Of Union Square,
whose comfort and interests have been impaired
by the construction of the underground road,
have resolved to resort to a legal action in
defence of their supposed rights. Their COM
plant is that the removal of the street railroad
tracks to the edge Of the sidewalk and the
building of fence along the sidewalk for the
protection of the public have made their places
of business inaccessible and done them great
injury Their lawyer also says that he does
not believe it was lawful TO remove the car
tracks or to shut off his clients property from
the street on which it abuts. 1t may be inter
esting, therefore, 70 quote from two sections of
the Rapid Transit act under which the con-
struction of the tunnel is proceeding
Section SO provides that "any corporation
organized under this act or any contractor or
person constructing any railway or part Of
railway under any contract made with the
Board of Rapid Transit Railroad Commits
"sioners is hereby authorized, for the purpose
"of constructing the said work, to remove the
track or tracks Of any such surface railway
"or railways . but the same shall be done
ain such manner as to interfere as little as pos
"sible with the practical operation or workings
''of such surface railway or railways" which
mGst ultimately be restored as nearly as may
be to their original condition. Section 81 says
"Such contract shall further provide by proper
"stipulations and covenants on the part of the
"said city that the said city shall secure and
assure TO the contractor, long as the con-
tractor shall perform the stipulations of the
contract, the right to construct and to operate
"the road as prescribed in the contract free of
"all right, claim or other interference, whether
"by injunction, suit for damages or otherwise
ssoy @ha Of OH
"other person" These provisions were designed
to secure prompt and continuous prosecution
Of the work which the people ordered done,
under the authority of the Rapid Transit act
| and Of the commission created by the act. and
Mr.. Mcdonald evidently apprehends no legal
! impeGiments.
1t is entirely probable that Union Square
merchants and others in many parts of the city
/ are being subjected to serious loss through the
/ building of the tunnel, which is also causing
| manifold distresses TO a multitude of citizens in
their homes and elsewhere There may be,
moreover, cases of peculiar and excessive hard
ship, and we are not prepared to deny that
damages may be obtainable by some of the
! sufferers. But it is only fair to say that the
contractor, who is Immediately responsible for
the proper performance of his stupendous task,
has thus far shown no lack of skill or energy
UT cOnSclence Inc Work ~ gong on with
remarkable rapdty and Will probably be fin
| ished well within the time limit. Complaints
were inevitable and foreseen, and we dare say
that good many persons who for the time
being are sOrely veXed and afflicted are dis
posed to think that the operation is nuisance
and never ought to have been undertaken But
as 1t advances toward completion and different
localities are successively relieved of the noise
and confusion which now seem intolerable, the
expectation of great advantages to be derived
from the underground roads will cause this
summers trying experiences TO be wellnigh for
gotten. If Mr.. Mcdonald had been slow. care
less and Indifferent there would have been a
just and probably an effectual outbreak of pub
| lie indignation before now The fact that a
large proportion of the inhabitants of New
York are patiently enduring great annoyance is
| creditable to all concerned.