All attempts to build a road under the early special charter and later under the general laws having failed, the city secured in 1891 the passage of the Rapid Transit Act under which, as amended, the subway has been built.  As originally passed it did not provide for municipal ownership.  It provided that a board of five rapid transit railroad commissioners might adopt routes and general plans for a railroad, obtain the consents of the local authorities and abutting property owners, or in lieu of the consents of the property owners the approval of the Supreme Court; and then, having adopted detail plans for the construction and operation, might sell at public sale the right to build and operate the road to a corporation, whose powers and duties were defined in the Act, for such period of time and on such terms as they could.  The Commissioners prepared plans and obtained the consents of the local authorities.  The property owners refused their consent; the Supreme Court gave its approval in lieu thereof, but upon inviting bids the Board of Rapid Transit Railroad Commissioners found no responsible bidder.

The late Hon. Abram S. Hewitt, as early as 1884, when legislation for underground roads was under discussion, had urged municipal ownership.  Speaking in 1901, he said of his efforts in 1884: 

“It was evident to me that underground rapid transit could not be secured by the investment of private capital, but in some way or other its construction was dependent upon the use of the credit of the City of New York.  It was also apparent to me that if such credit were used, the property must belong to the city.  Inasmuch as it would not be safe for the city to undertake the construction itself, the intervention of a contracting company appeared indispensable.  To secure the city against loss, this company must necessarily be required to give a sufficient bond for the completion of the work and be willing to enter into a contract for its continued operation under a rental which would pay the interest upon the bonds issued by the city for the construction, and provide a sinking fund sufficient for the payment of the bonds at or before maturity.  It also seemed to be indispensable that the leasing company should invest in the rolling stock and in the real estate required for its power houses and other buildings an amount of money sufficiently large to indemnify the city against loss in case the lessees should fail in their undertaking to build and operate the railroad.”

Mr. Hewitt became Mayor of the city in 1887, and his views were presented in the form of a Bill to the Legislature in the following year.  The measure found practically no support.  Six years later, after the Rapid Transit Commissioners had failed under the Act of 1891, as originally drawn, to obtain bidders for the franchise, the New York Chamber of Commerce undertook to solve the problem by reverting to Mr. Hewitt’s idea of municipal ownership.  Whether