The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-10-07
Supreme Court-General Torn.
Hon Judges Edmonds Edwards Mitchell, Roosevelt and
Morris presiding.


THE RUSS PAVEMENT IN THE BowERY.
OCT 6.-Cor7pli,s b. DE Ba,on and Samuel T. Thistle a.
Horace Il. Russ and George W. Reid, impleaded nth the
Mayor de- Of Neac York and b. p. Pu,y Commissioner "
Rai and Supplies This appeal from the decision Of
Judge Edmonds at special term, in July last dssovng
an injunction which ordered the 26th May last,
esraning the defendants from executing the contract
laying down the Russ pavement in Chatham street,
lark Tow, Bowery and the Fourth avenue.
Mr. Noyes the part Of the plaintiffs, said that the
question in This order to show
why injunction should not be continued preliminary
IL junction having been granted by his Honor Judge
Roosevelt The Injunction es,ains the Mayor Aldermen,
and Commonalty of the city of New York from entering
into c. CT with Horace p Russ and George W. Reid
md also restrained r Pury Commissioner of Repairs
and Supplies from participating in making that CONTRACT
in reference paving the Boweiy from the extremity Of
Park row. in Broadway, up to Union square. Upon an
order to show cause large number of afdavis in
whole matter Judge Edmonds considering that the equity
Of the bill tabshcd in case the proper parties
before the court, denied the motion for the
continuance of the injunction, and dissolved the
injunction which had been granted on the ground that
!, was proceeding only to be had At the instance Of
remedy is in suit of the people, through their officer the
Attorney General Mr Noyes then read the complaint,
which states that the plaintiffs inhabitants of this
and of large amount Of real and personal
tate which is assessed for taxes to pay municipal
penses paving the streets &c. and that they greatly
interested the economical and prudenty managed ad
mnisraon OF the city expenses. DIR. Noyes then read
the petition Of Russ Reid to the corporation for the
the petition of j. B. Morrel l. Co., who offered to perform
the work for $3.50 000 and another offer of Cumming
Pollock to perform the contract for $3.50 600 Counsel
continued read from the complaint, which stated that,
not the veto Of the Mayor the majority Of the
Boards Of Aldermen and Assistants through corrupt mo-
tives, passed resolution respectively, authorizing
tract to be made with Russ Reid The plaintiffs charge
bribery and sorrupton and they pray that the Common
Commissioner of Repairs and Supplies rsm executing
contract with Russ Reid.
MIR. Hard with whom Mr.. James T. Brady and Mr. E
Sandiord associated read the answer Of the de
fencants and the affidavit of Russ Reid, hch sets
forth that they engaged exclusively in the business Of
laying the block and concrete pavement, know rs the
Ru.s pavement Horace +. Russ being the original in.
venor for which he obtained letters patent Of the United
States and that the the only persons authorized by
law to construct said pavement Mr.. Russ obtained
contract from the corporation to pave portion Of the
street TO Reade street. thst tho work occupied
month in its comp etion and gave entire satisfaction to
to thu and tear Of the travel Of Broadway for
period Of about years. without exhibiting any evil
dences of deterioration This work cost Mr. Russ 81 DOL
whilst the Conn Council only awarded him the sum OF
sl,a3o to. In 1916 he associated himself with Mr. Reid
apd in 1647 they purchased quarry in Staten land for
about s22 ooo and commenced preparations Tor working
they hoped TO obtain in this city. "A large outlay was
requ ed for opening the quarry and delivering the stone
seyera contracts subsequently obtained by them
up the year 1851 th.ir expenditure exceeded the
entire received from tho city by the Of $40 900
casion, proposed for tho work at prices ranging few
yard below what known to be the rates
lahshed by them after the receipt OF those proposals
the Committee Streets Of the Board Of Aldermen took
into consideration the proprety Of attempting 10 enter
into contract with the persons making the lowest propo
sails and advised with Mr. Willis Hail. the then Corpora.
ton Counsel who delivered written opinion sustaining
the exclusive right Of Russ Reid to that method Of
pavement and the Committee Of the Board OF Adermen
accordingly awarded the contract to the defendant and
the defendants deny that the Common Council were in
fuenced BY Or acted under corrupt dishonest
derstandng agreement, in adopting the resolution
granting them the contract but that they believe the
Boards OF Aldermen and Assistants acted solely public
considerations and in due regard for the public interests
committed 10 their charge; they deny that the price
agreed to be given them unreasonable excessive and
they deny that such price given them for the purpose
| Of enabling them to pay any brbe
Mr. Noyes then proceeded to read other documents and
the opinion Judge Emonds in dssoving the injunction
which he hoped to conrove he understood II to
rule six opinions which he thought were considered the
law Of this court He cited various cases and continued
his argument At great length the gravaman of which
that this contract granted contrary TO law fol
corrupt and dishonest motives, whilst he admitted that
| the Coz poration had the right to make contracts.
Mr. brady said II Mr. Noyes conceded the point that tbs
corporate n had right to make the contract 1t would
shorten II cir argument on his side considerably
Mr. Noye did not deny that they have the right TO pave
| the streets. He then continued his argument
Mr. Slndford then heard in reply contending that
the pow OF the corporation in the case was undened
and sndeu BILE and that when the act legislative ACT
1t Ia beyond the control Of the judiciary 'ht The wholc
control of the property OF the ctyse u minage
mept of all It's franchises and its j. pro erly
vested in the Common Council 1t thcr p7oince u
Judge Of the exgency of paving the strecs, AMI there
no appeal to the judiciary from their decrcc-the appea
can only be mad 10 the people. Mr. Sanford had mo-
concluded at the adjournment Of the court