New-York tribune., 1908-03-14
PIECEME4L SUBWAY O. X.
Citu Can Build Section by Section,
Saus PendletOn

John F. Dillon and Corporation Counsel Pendle-
ton, in joint opinion sent yesterday afternoon to
the Board of Estimate and Apportionment hold
that will be constitutional for the city to build
a subway section by section its finances war
rant There is a suggestion that while 1t will not
violate the spirit and letter of the constitution 10
build subway piecemeal, it Will be wise TO oo-
tain legislation authorizing that particular method
A week ago Borough President Coler offered a
resolution in the Board of Estimate and Appor-
tonment asking if the subway could not be built
in this way In reply the resolution the Dillon
Pendleton opinion says:
The questions which our opinion ZION. is ff desired
as we understand relate only to the DEBT limit pro-
vision of the constitution of the state Wnich tor
bids any city 10 incur an noeoteaneSs "ilch 81 tba
exceed 10 per cent Of the assessed Valuaon OF the
real estate within such city subject to taxation eX
Issued in anIicination of the collection of and
bonds to provide for the supply OF water, ana pro
tation shall be absolutely void.
The exact questions submitted for our opinion
this state Questions somewhat similar nave been
tions containing similar provisions. and before the
Supreme Court OF the United States eae put tae eS
amined them all with care but consider it unneces-
sary TO review them, and shall only state our own
views and conclusions
To preseut the points of law involved, Messrs-
Dillon and Pendleton submit hypothetical questions
as follows:
Whether the entire amount of the CONTRACT pTlce
Of the completed subway sn9nIo of Pe h nontrac
Whether if built in sections, the full amount OF
debt at the time Of executing the contract within the
WeIhar II Would make difference If the
stipulated that the city might ternae reT a fhe
contract al any time on no0e Tsadv TnS@s one or if on
the other hand the city deternneo IN taT II bI on
the city beyond the payment for the sectlon uieTe
tofore completed
Answering these questions the opinion says;
Assuming that the rapid transit legislation of the
rfar ~
so as to authorize the making OF contracts such as
are above indicated, in our opinion contracts may &c
copeted work Tor entire road will not not at at the The
the meaning OF the constitutional prohloltlon-
Continuing the opinion with reference sec
ttonal or pay as you CO. contract says
In Our opinion it is not safe TO assume that the
Court Of Appeals will hold that such a contracI
nrovsion of the constitution. although if the con-
tract provides that 5e city sn5 ff + the amount due
at any time for work done does not with al
@ o4 the ~ court may hold that such contract
does not violate the constitutional provision
With reference to the question whether the full
cost of the entire road is to be deemed oeot Will
in the meaning of the constitution at the time OF
executing the contract for the first section, the
opinion says.
debt and hat the maximum Indebtedness incurred
within the meaning Of the dens unit f or ~ corr DR.
tract price for the completion of the particular sec
th tS prohibition = the constitution is not against
making public improvement piece al a te ;1ebf
edness eld Beyond the prescribed limit -
irion that the reservation of option such as is
mentioned would not create dent d Yum M m e ab in
such case al until the option was exerciseo'
II was late in the day when the opinion reached
-he Mayor and Controller, and they would not CON-
paert on It until they had had time to study IT.