New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1922-01-13
Subway Delay
May Cost City
Big Damages
New York a Target for Suits
by Traction Companies
and Taxpayers for Failure
of Board Of Estimate to Act
Roads Plan Legal Action
Transit Commission Warns
Against Obstructive Tao
tics Toward Let Contracts

Delays in subway construction. caused
by the failure Of the Board of Estimate
and Apportionment to act upon requ-
stions Of = the Transit Commission,
make the city target for damage suits
by the traction companies, whose rev.
enues have been affected as a result
Of the retarding of facilities guaran-
tecd them under the dual contracts Of
1913. it was said yesterday.
limitations have reached the Transit
Commission, it was learned, that the
railway interests involved arc consid-
ering legal action to compel the city
to fulfill its obligations or be subjected
to damage suits that might aggregate
many millions Of dollars.
h. X. T. Action Is Cited
That the companies could resort to
this method Of sclf-protcction was in
dictated, it was pointed out, by the ac-
ton of the Brooklyn Rapid Transit
Company in 1915 in commencing pro-
oeedings to require the performance of
dual construction, which was then de-
laycd. The action was held in allegiance
after the appointment of Lindlcy NJ.
Garrison as receiver of the B. r. IT,,
but according to stipulation it can be
brought to issue with twenty days
notice.
The possibility Of Che city being
made liable for damages was referred
to yesterday as one Of the most serious
outgrowths of the obstructive policy
of tho Board of Estimate, which within
the last few months has tied up forty
one dual subway contracts awarded by
the Transit Commission and the former
Transit Construction Commissioner.
Attention was directed also to tho
right of taxpayers in territory affected
by new routes assured under the dual
system to legal redress against any
upon whom rested responsibility for
delay in providing the expected facil-
ties. Failure to provide such facilities,
it was said, had left taxpayers i'm GER
tain districts without the benefits for
which their assessments were increased
and constituted grounds for legal &C
ton on their part.
Transit Attack Expected
The Board Of Estimate is expected
to-day to make a further attack on the
Transit Commission. On the boards
calendar is hearing on the question
of the adoption Of policy favoring
subways as against elevated lines.
Discussion on this subject has been
anticipated by the commission, whose
new $3.50, 100000 program for subway
construction, put into form some time
ago, excludes elevated lines entirely.
The only elevated work to which the
commission has given tentative consent
is the proposed substitution of over
head construction in that part of the
Eastern District line Of the Brooklyn
company which runs over the Long ISL
and Railroad right of way.
Under the dual contracts with the
Brooklyn company this section of line
was put in as elevated. The commits
sion, according to Chairman George
McAneny, has not yet given the last
word to the community affected, al
though he said, it saw no opportunity
for subway substitution at the present
time, chiefly for the reason that the
company would not accept a modifica-
ton Of the contract.
81 Building Opposed
"The policy of the commission, as
surely any enlightened policy dealing
with railway construction in New York
must be, will exclude elevated con-
struction wherever it is possible to
put in subway" said Mr.. McAneny
yesterday. "In the program Of new
construction, which the commission
will offer in few days, there is no