New-York tribune., 1904-08-25
4 DISMAL OUTLOOK.

The wears0me process of fitting the streets
of New-YOrk for public use has suffered an
other interruption. Just as fair prospect was
dawning of relief from the chaos which sub
way work has caused in many parts Of the city,
the Borough President became convinced, un-
der strong pressure that asphalt pavement con-
tractors were violating the eight hour labor
law. 1t is not quite clear whether not the
contractors have been disposed to rely on the
opinion which has been iudicially expressed
and which may be somewhat generally enter
taned that the law is unconstitutional Their
contention apparently is that their men have
really not been compelled TO work more than
eight hours n day, but Mr.. Ahearn's nullifca-
ton of their contracts affords them motive
for testing the cOnstitutionality of the law,
and they are expected TO take advantage of
the opportunity. So far we are aware, no
fault is TO he found with Mr.. Ahearn, for the
Counsel to the Corporation advised him TO take
the course which he has taken but the outlook
is none the less dismal OH that account
There is no doubt that the streets on which
the work of repaving had been begun had long
demanded attention. Some OF them had not
been decently paved within the memory of this
generation. Others had been subjected TO the
ravago of the subway diggers. All were dis
credit to the city and source Of Inconvenience
to everybody who had occasion 10 use them.
But the work has been stopped. and nobody
knows 10 a certainty when it will begin again
The Borough President expects 10 De- enjoned
from reaivertising the bids and reletting the
contracts and he frankly expresses his fear
that the streets now partly paved under the con
tracts which he has annulled must remain in
their present condition until the legal questions
thus raised have been finally settled hy the
courts. Inasmuch as justice Is by no means
the swiftcst thing on earth. 1t seems necessary
to conclude that, as the matter stands, this long
suffering city IS doomed 10 undergo another
protracted trial Of its patience
But is such n misfortune actually inevitable?
If the asphalt pavement contractors are with
in their legal rights in submitting their case 10
the courts-or the case which will arise If Mr..
Haffen takes steps to rclet their contracts
does it necessarily follow that the work Of re-
paving must he held up until the courts have
rendered ii decision? Constitutional questions
are seldom quickly determined. Is Fourh-ave.,
for example, which has already suffered fear
fully. TO be left in a state Of desolation for
year or more longer? We modesty venture 10
suggest the possibility Of continuing the work
in compliance with the eight hour law under
an agreement that the city shall he liable for
the extra cost in ca Sc the courts eventually de
eide that the law is null and void. Perhaps
such an arrangement may be impracticablel for
one reason or another, but unqucsuonably an
earnest effort ought to be made to find some
way out of the trouble. The people Of New
York have had TO endure too much through the
DISRUPTION of their streets. Additional burdens
which might be prevented would be intoler-
able.