New-York tribune., 1912-03-21
'SEE DELAY FOR SUBWAY
Service Law Changes Should
Pass, Say City Officials.
! iFREER HAND FOR CONTRACTS
Chief Opposition to Amendments
Is Letting of Bids Without
Usual Advertisements.

Members Of the Public Service Commis-
sion and Of the Board Of Estimate. who
are anxious to see the programme for new
subways that has been worked out 60
through. were much disturbed yesterday
by the opposition that has developed in Al
bany To the proposed amendments to the
public service law that would give them a
frcer hand.
Unless these amendments are passed at
this session II means. Of course, that no
contracts for operation can he let for at
least another year, no matter whether tn"
proposition is approved by the Board of
Estimate-as seems likely-or not. \
speedy determination by the Court of APP
pcals Of the question Of the constitutions
ality of the proposed preferential payment
would not enable a contract for operation
to he let before the hands of the municipal
authorities are released by the proposed
amendments. Chairman Wilcox Of the
Public Service Commission seemed to fear
I that the Court Of Appeals might hesitate
to render an opinion on the constitutional
points without the statutory authority
given in TN" proposed amendments.
The fact that Assemblyman Murray
withdrew his bill amending the law in the
Assembly OH Tuesday night. the last time
for introducing new bills. does not mean
that the bill cannot possibly be passed.
Senator Wagner has introduced it in the
Senate and it IT should be passed there it
could then he sent to the Assembly for ac-
ton. Apparently, however there is vigor-
Gus opposition to the amendments ana the
friends Of the measure are greatly worried.
Opponents pointed out yesterday several
provisions which they declared gave en-
tirely too much power to the city author!-
ties. They denounced in particular the pro-
posed amendment to Section So, which
reads:
Whenever the said Public Service Com
mission shall determine that the pubAc m
tercSts 80 require. II may. with the ap-
proval OF the Board of Estimate and Ap,
portionmcnt or other analogous Local
authorities of such city, without adVcrtiS-
ing for proposals, but only after puDHc
hearing. make any contract or contracts
This would give the authorities the right
to let contracts for operation without puDIc
bidding to any company that they chose
1t would stihe competition in bidding for
contracts, II was cOntcndcd.
AS matter OF fact it would not he
Brooklyn Rapid Transit Company to bid
for the operation Of routes that had been
frankly laid out for the other under the
present system Of public bidding but the
proposed change In the law would greatly
facilitate the letting OF contracts.
In a statement Chairman WILCOX polh'eu
out that the provisions Of the proposed
amendment were permissiyc, not mahda-
tory. simply broadening tho discretionary
power OF the city authorities 50 as to ena-
bic them to ucal adequately with the PROV
osltlons Of the Intcrborough RAPID Tran
sit Company and the Brooklyn Rapid Tran
sit Company that have been under discus
sion in one form or another for more than
year. The statement also said:
There are a number of propositions in
these offers Ia carry out which, IL has been
understood from the beginning legislation
v ould be needed. The Dill - not III lile
interest OF one company as against tiie
other but solely and entirely 10 enable the
Public Service Commission ana IN" bodin
Of Estimate and Apporuonmcnt 70 uedl
with the propositions. II this bill fails, y
Will not be possible to carty Guy stams, tdrI,,,b =
tho offers submitted By the interDoI2Iibl ~ u
Eapld Transit Company or the BIoohl! u
RaUid Transit Company. -,
n should be clearly understood that the
Underlying constitutional questions regard
ing the matter - prciCrcntldl payments i
before the court and a final decision OF the
Court OF Appeals can be obtained "llhih
tho next few months. lu connection WIN
his Irrigation the prompt procuring OF
necessary statutory authority Is important;
II Is doubtful whether the courts coulh
oven consider the constitutional points on
0,ii,0 an absence OF statutory authority
hui would have To place their decision on
the ground that such authority was lack
ing and therefore practically throw the
M, ,ias ont of court. with the necessary
statutory authority. however, as PROVIDED
fo| In this hin. the courts will not need To
consider statutory points. but can contine
their decision exclusively 10 the cohstltu-
tIonal question. -...,.,,. ,,,,,
II therefore appears that the CARVING out
Of thc dual subway programme hinges OH
the pussaSe OF this bill