New-York tribune., 1909-03-17
BLAMES ELSBERG Law
HILBERT Il. BOARDMdN FOR
REPEAL OF MEASURE.
.Saus 1t Prercnts Further SubS0dy
building Thinks z. S. c. Has
Too Much P0zcer.

Il w " N1H L OuGf.
The EIsi,erg biil" said Albert B. Boardman.
counsel to the old Rapid Transit Commission.
yesterday should ;.ave been entitled, An act TO
prevent further extensive subway construction
IN the city Of New York -
MI Boardman ventures the prediction that
little more subway construction may ne ex-
pected without the repeal of the Elsberg law,
and he goes even further. ard says that ii is
doubtful about more being built while the Pub
lie Service Commission enjoys its present power.
il was IL answer TO a question TO whether the
EIlsberg law had been of pecuniary moral
benefit to the city that Mr. Boardman said:
The Elsberg law is a very long document
amending the rapid transit act in many ways
not prepared 20 say that some of its feat
ures may not be good, but the fundamental
principle oe the bill by which the discretion Of
the city authorities is restricted that they
cannot offer lease sufficiently long to attract
private capital is plainly bad
at is bad in principle because it offends
against the doctrine Of home rule. II is bad in
practice because it makes 1t impossible TO secure
private capital TO build new subways, which the
city SO greatly needs OF course I do not mean
10 say that such a short extension OF existing
subway as that proposed by Mr.. McAdoo can
not be financed with private capital under the
law as IL stands. Cream viii always sell
al a better price than milk
AT the time Mr. Rives and I opposed the
Elsberg bill at the hearing before the Mayor
presented him certain Sgures based on a
conservative estimate OF the cost Of construct
ing and equipping another subway system of
the length and general character Of the system
now in operation. We assumed that the new
system could be made ready for operation within
five years. and opened for business
1t would have ali the passengers it could carry,
distributing the traffic through the day as the
present subway traffic is distributed.
Arguing from the data thus obtained, we
demonstrated. as Il seemed 10 me with mathe-
matical accuracy. that it would be absolutely
impossible that the promoters Of such a new
system could get their money hack If they were
offered by the city authorities the best terms of
the Elsberg bill. The Mayor did not dispute our
figures. and so far as ] know they never have
been disputed by any
The Mayor said in effect: There is a great
popular demand for this legislation Subways
seem TO be very attractive. Let US try what
can be done Under the restricted authority
granted by the Elsberg bill, and if we fail we
can always repeal the. bill and restore the legis-
iation which it wipes out
The mere revival of the powers granted 10
the city authorities under the earlier legisla-
lease will not in my opinion be sufficient TO at
tract private capital in any large way. There
is another very serious difficulty which must be
removed. I refer to the doubt existing in the
public mind about the powers and duties. and,
may add, the disposition. of the Public Service
Commission. Proper regulation in the public
interest is one thing. The management Of rail-
roads by persons who have no pecunary inter
est therein, and who are not elected by the
stockholders, Is another
i dining the other day with a distin-
guished man formerly connected with Harvard
University, who made in substance the follow
ing statement: The Massachusetts Public Ser
vice law was one Of the first laws Of the kind
passed in this country. and it has been used
a model for the legislatures of other states. The
Massa achusetts commissioners have always been
men OF high character who have performed their
duties admirably. but there has been no railroad
construction OF any consequence in Massachu-
setts since the passage OF the law.
81 admit the necessity for the regulation of
corporations such as railroads, gas companies
and the like continued Mr.. Boardman, but
the people might as well understand, first as
last, that II they interested in the revival Of
the constructive energy Of the country. upon
which. in my judgment. ability to find work
for cur mechanics. artisans and laborers de
pends capital must know in advance what are
10 be the rules Of the game in which it is asked
20 sit 1t viii decline TO go into any blind poor.
You regulate existing corporations out
Of existence. but while doing so you cannot ex-
pect new ones TO be formed to be the victims
OF such a governmental policy. We are now
passing through a period Of transition. I have
doubt about the final outcome. The question
with which we are now struggling will be ulti-
mately settled reasonable lines. the public
and private interests being alike protected but
IN the mean time there is hound be much
suffering and some hard feeling and the saddest
feature OF the whole matter is. as generally hap
pens. the rich viii be able 10 take care of them
sslves while the poor will be compelled 10 suffer
'-Coming back TO the case of the Elsberg bill
the sooner that measure is repealed the sooner
ese city VIII be in position TO make an attrac-
i've proposition for the construction of rapid
transit lines"
STRICKEN WITH APOPIEXY HERE