or not municipal ownership would meet the approval
of the citizens of New York could not be determined;
therefore, as a preliminary step, it was decided to
submit the question to a popular vote. An amendment
to the Act of 1891 was drawn (Chapter 752 of the Laws
of 1894) which provided that the qualified electors
of the city were to decide at an annual election,
by ballot, whether the rapid transit railway or railways
should be constructed by the city and at the public’s
expense, and be operated under lease from the city,
or should be constructed by a private corporation
under a franchise to be sold in the manner attempted
unsuccessfully, under the Act of 1891, as originally
passed. At the fall election of 1894, the electors
of the city, by a very large vote, declared against
the sale of a franchise to a private corporation and
in favor of ownership by the city. Several other
amendments, the necessity for which developed as plans
for the railway were worked out, were made up to and
including the session of the Legislature of 1900,
but the general scheme for rapid transit may be said
to have become fixed when the electors declared in
favor of municipal ownership. The main provisions
of the legislation which stood upon the statute books
as the Rapid Transit Act, when the contract was finally
executed, February 21, 1900, may be briefly summarized
as follows:
(a) The Act was general in terms, applying
to all cities in the State having a population of
over one million; it was special in effect because
New York was the only city having such a population.
It did not limit the Rapid Transit Commissioners to
the building of a single road, but authorized the
laying out of successive roads or extensions.
(b) A Board was created consisting of the Mayor,
Comptroller, or other chief financial officer of the
city; the president of the Chamber of Commerce of
the State of New York, by virtue of his office, and
five members named in the Act: William Steinway,
Seth Low, John Claflin, Alexander E. Orr, and John
H. Starin, men distinguished for their business experience,
high integrity, and civic pride. Vacancies in
the Board were to be filled by the Board itself, a
guaranty of a continued uniform policy.
(c) The Board was to prepare general routes
and plans and submit the question of municipal ownership
to the electors of the city.
(d) The city was authorized, in the event that
the electors decided for city ownership, to issue
bonds not to exceed $50,000,000 for the construction
of the road or roads and $5,000,000 additional, if
necessary, for acquiring property rights for the route.
The interest on the bonds was not to exceed 3-1/2
per cent.