New-York tribune., 1908-03-31
WON'T. @. K. CONTRACTS.
LAW DEPARTMENT SHES.
Refuses Responsibility for Fourtl
L4renue Subsray Financing.

The Corporation Counsel gave the Public Service
Commission yesterday 20 understand that he was
not taking any responsibility IN financing the Fourth
avenue subway in Brooklyn, when John L. O'Brien'
as Acting Corporation Counsel. in charge OF the
approval OF contracts for improvements, sent WORD
70 the commission that he cid not deem 1t adNisapie
lat this lime 20 indorse my approval on the con-
tract forms submitted by the commission. because
Of the apparent lack Of appropriation TO complete
the work covered by the contracts MI y brieh
went SO far as say, however. that the contracts
had been examined and ARE correct in form
Chairman Wilcox said: MIR OBriens state
,-1ert that the contracts correct in form re-
gard as an approval the contracts and sufficient
10 Justify the commission III proceeding with aoVer
rising for bids am in favor OF advertising the
contracts at once"
None o< the other members Of the commission in
town seemed worried about the Corporation Coun-
sells refusal indorse his approval on the con-
tracts and il understood that the commission
would 60 risht ahead with its plans. A section OF
che amended Rapid Transit act reads: All such
contracts must before execution. be approved as 10
form by the counsel TO the corporation or o'nei
chief legal adviser for the city
There IS nothing in this section according TO the
rornrnissf7n and its counsel. that conpels the ap-
provsl Of the Corporation Counsel TO other than the
form Of contracts. Moreover, there is not the
slightest possibility Of the contracts being executed
for two months at least, and by that time the
Board of Estimate may have discovered way TO
supply the money 10 build the Fourth avenue suO-
way.
CORPORATION Counsel Pendleton said last night
that there was nothing in the opinion sent to the
Public Service Commission that would halt the
commission in Immediately advertising the con-
tracts.
The opinion will not delay the ADVERTISING
said Mr. Pendleton. but Il Will tend TO delay the
execution OF all the contracts, taken as whole as
under the law the Board Of Estimate and Appor-
fionrrent must provide appropriation oeIore lhe
Controller can certify q contract
On the eve Of e primary battle in which he be-
yeves the opinion OF Brooklynites on the Fourth
sven,le subway will be heard in uncertain man
rer President Coler said. after hearing OF the Cor
po-atfon Counsel's letter: "Oh, We beat him on
shat He has nothing 10 do with the funds He's
side-stepped the question II the Public Ser
vice Commission does the right thing it will so
right ahead with the work OF advertising
Controller Metz. vino WAS much wrought up last
Friday at the meeting at which the Board OF
Estimate approved building Of the Fourth ave-
,1ue subway though he voted against If. said yes
ferdsy:
Il shall certify those contracts for which have
che money OF for which raise it L have no
desire hold Up the enterprise. and hope 10 see
s. pushed through.
Advertisements calling for bids for construction
viii probably be made in week or less Inc
argument 70 where the money for the six sec
tions is come from will be continued after that