Appellate Division of the Supreme Court of the State of New York May 6, 1908 (People ex rel. Interborough Rapid Transit Co. v. State Board of Tax Commissioners)

Kellogg, J.:

The original Rapid Transit Law (Laws of 1891, chap. 4) contemplated that the city, by its rapid transit commissioners, should *611establish routes, obtain the necessary consents of the local authorities and the property owners, make plans and specifications for a subway, and sell to the highest bidder, for the benefit of the city, the privilege and franchise to construct, maintain