will have to be
acquired before the road can be legally constructed and operated, it
is impossible now to ascertain."

It is true, that the city undertook "to secure to the contractor the
right to construct and operate, free from all rights, claims, or other
interference, whether by injunction, suit for damages, or otherwise on
the part of any abutting owner or other person." But another eminent
judge of the same court had characterized this as "a condition
absolutely impossible of fulfillment," and had said: "How is the city
to prevent interference with the work by injunction? That question
lies with the courts; and not with the courts of this State alone, for
there are cases without doubt in which the courts of the United States
would have jurisdiction to act, and when such jurisdiction exists they
have not hitherto shown much reluctance in acting.... That legal
proceedings will be undertaken which will, to some extent at least,
interfere with the progress of this work seems to be inevitable...."

Another difficulty was that the Constitution of the State of New York
limited the debt-incurring power of the city. The capacity of the city
to undertake the work had been much discussed in the courts, and the
Supreme Court of the State had disposed of that phase of the situation
by suggesting that it did not make much difference to the municipality
whether or not the debt limit permitted a contract for the work,
because if the limit should be exceeded, "no liability could possibly
be imposed upon the city," a view which might comfort the timid
taxpayers but could hardly be expected to give confidence to the
capitalists who might undertake the execution of the contract.

Various corporations, organized during the thirty odd years of
unsuccessful attempts by the city to secure underground rapid transit,
claimed that their franchises gave them vested rights in the streets
to the exclusion of the new enterprise, and they were prepared to
assert their rights in the courts. (The Underground Railroad Company
of the City of New York sought to enjoin the building of the road and
carried their contest to the Supreme Court of the United States which
did not finally decide the questions raised until March, 1904, when
the subway was practically complete.)

Rival transportation companies stood ready to obstruct the work and
encourage whomever might find objection to the building of the road.

New York has biennial elections. The ro