New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-11-26
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IN. ia,,,.,,, NJ the Supreme Court pronounced Wy
.r,a,,. v,,s,,,,t, ~ the i,uss ps,rnept question
,,,s ovs,,, which w. i,ust viii prove eleetusl on
,he e,,,,nes lob NJ rsvlna The nuwetf ~ she tate o
At, buni,ed thousand dolle,s Cor woih which iespon'
IA. ra,,isa have ruecd ,r dc Cor G'ut hundred thou
ssni Ate, che late decision of imlae GnMuNps 'l
e,uinr tho ,elid, OF Tho contract was over
t,cwr. ne,e WINS quite ncuoyal fear leei the
yi, wns enseiuelb saddlej with that onor'
ucus swlndlc hut u proves mistake
iudec rrNnNns IL o,errcd and Tho treasury IL pro
,cc,cd against the Unread he had Endorsed But moro
than thir Il Ia clearly established Al principle that
Tho Corporation Of this City, OF anyolhor In the
state IL amcnahc 20 the laws aud cannot misuse It's
povors and fqusndcr the public money without be-
coming subject 10 the interference Of the Courts On
this head the argumcn, of Judge ROOSEVELT is forcble
and convincing. lie shows that the Common Council
Is not in the strict meaning Of the phrase Legislative
body and cannot claim the mmunities of one. II Is
simple corporation holding certain powers intrusted
to il by the taxpayers, and liable accordingly to be
iudicially arrested when violating its trust Il is
also settled by this decision that any payer OF
taxes has q right to drag before the Courts every
inquitous contract or dishonest appropriation OF the
public funds, made by the Common Council and 70
have its validity tested by them This is an important
ront and ii is well that it is authOrativey estab-
lished 1t adds new and weighty safeguard against
the return of that rampant corruption which we trust
the Reformed Charter has banished from the City
Government but which cannot be shut out By too
many deienses.
Now flat this contract is disposed offor even If the
question should be carried before the Court OF Appeals
by the defeated payiors ii is not likely that the de-
csion Of the five Judges who have now pronounced On
il will be measures should be taken to give
the Bowery smooth and substantial pavement as soon
as practicable. That street is more used than perhaps
any other, except Broadway, and should be as wei
provided as any. An experiment of cheaper paving
composed of small square stones, is now being tired IN
Broadway below Canast but its success; is dououland
we shall probably have TO come back 10 the solid Russ
pavement after ALL But this does not involve the neces
sity Of employing Russ d Reid to lay it, or OF paying
ANYBODY twice as much for the work it is worth What
is known as the Russ pavement may be put down by any
one without fear Of lawsuits. There is no patent
which can prevent any or every payOr in the City
from making street Of square blocks of granite with
foundation of concrete. The Russ patent as we had
occasion to show when the subject was before the pub
lie some months since relates simply to pariitiOning
the OunOatloh lnlO squares D! SdA9 Va 81 10 u '
laid in it at right angles to each other and even this
peculiarly is not found in any Of the recent work which
Russ & Reid have done. To advertise for bids even
for their sort of pavement is therefore not useless as
the rogues in the Common Council contended when
the contract was first passed by them. Anybody may
take contract to lay the Russ payemtt as well as
Mr.. Russ himself the only difference we understand
to be- that whereas that gentleman has the right to lay
strips of board in the concrete subpavement both
enethwse and crosswise Of the street other people
are confined to laying them lengthwise only As the
pavement is equally good and durable in either way
we may look forward having all the principal streets
laid with it, without having to submit to the extorton
of paving six dollars yard for what is worth four