New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-05-23
Id W INI,ELLIGENCE.
THE QUARANTINE INJUNCTION DISSOLVED.

CLERKT This is an application by the plaintiff
on behalf of himself and all other State Taxpayers,
for AT injunction to restrain the defendants a. Com,
mssioners appointed under the Act for the rem oval
OF the Quarantine station passed March b, 1891,
from eonSuInmatDg any contracts for the construction
erection of any hospital buildings, &c., upon the
PREMISE recently purchased by them near Seguines
Point in Richmond County. This is the entire grava-
men Of the relief which the plaintiff demands; and
the grounds upon which it is sought That the de-
PENDANTS have not, the sixth section OF the act re-
quies let the contracts at public auction to the lowest
bidder, after having been duly advertised for one
month in three daily papers IL the City of New York.
and in daily paper i'll the County Of Kings, As well
as in one weekly paper in the County OF Richmond
II is maintained, OF the part OF the plaintiff that the
contracts referred 20 in the complaint anu which the
defendants desgn TO complete at Seguine Point, are
within the requirements of that part of the act which
directs that contracts shall be lei at public auction
after being advertised in the manner and for the pc
Rod which have stated. This direction Is contained
in the sixth section Of the act and reads as follows:
The contracts, for the erection Of each and al the wharye
Of an the msteri. fo the same contemplated by this and
also Of the OF the 50 far as II can BE- safety ana
propt done be let public 10 the lowest bidder
after having duly advertised tor month in three daily
papers in TIE City Of Ne" Yot il one daily piper An IN.
County Kings and in one weekly paper In the County OF
Richmond" .,.. ,,i, ,ec,ion anDlir.
to the contracts about 10 be completed at oegulnr
Point are ia requirements so percmptory that the
Commissioners can exercise no discretion IN dispensing
with them. under any circumstances, or IN any event
templated by this act were Intended to obviate, ~
quickly a. possible. all apprehension of recurrence,
during the present Summer. of the fearful peStience
which during last Summer de>olated the opposite
shores of Long and Staten Island, which for many
months intercepted and lmperlllcd he commerce Oh
the port and impended over Brooklyn and New-fork,
causing great dsmay and distress to the inhabitants oil
both cities and Of the surrounding neighoor-
hood IL will also be recoleced that no very
definite plan Of operations could be devised by
the Legislature A. there was considerable uhcer-
tsinty whether the Commissioners could procure
a suitable site Immediately or within any con-
yenent period if at all, 10 enable thom 10 ac-
complsh III due time the work necessary to avert the
apprehended danger in view of the approaching sum
mer. II was therefore proper, and indeed ndlspeha,
bic on every account that the Commissioners should
be invested with large share of discretion In the dis
charge Of their difficult duties. That the Legislature
accordingly intended 10 conde this discretion 10 them
Is | think very evident from the whole tenor ana
language of the net; although partcuiarizing their
powers and duties, they obviously leave to the CON-
misroners no small degree of liberty as to the manner
in which those powers and duties shall be exercised
and performed. The sixth section shows this Intention
with regard TO the very subject under consideration.
II SAYS that "the contracts so contemplated Dy thls
"act 50 far a. SAFELY and properly nc done, sn"
abe let at public auction to the lowest bdier after
"haying been duly advertised, &C.. SO TAR a. phdf
can safely and properly be done The letting, GER
tainly at public auction to the lowest bidder after
advertising The phrase can assuredy apply to
nothing else; in other words, the contracts shall
be let at public auction, and advertised IN the
manner stated-if il be safely and properly done
eff in short such shall be deemed consistent
with the objects OF the act, the permanent change
of the Quarantine establishment and-for the present
the no less important purpose ot warding OIL the
pestlence during the coming season, and sverng the
losses and Inconvenience and the tenor winch the
mere apprehension Of it at that would inevitably
produce. If the language is capable of this cOnstruc
tior-and surely II cannot admit of any other-wh0
were to decide when and where the ietng at public
auction &C. after advertising in the manner mention
L.. VlNs InIa
edly the Commissioners and consequently II was for
them and for them alone 10 consider aud determine
the Sattty and pr0prdy of adopting this course, IN
making contracts for the erection vt these buildings.
Ii the Commissioners have this discretion IN relation
70 al contracts contemplated by the act of course they
hsve il in relation To the particular contract under
consideration But It may well be doubted, whether
the directions contained in the 9th section apply 10
undertakings except those specified in the It'll seetion
AID the, apply to the others the temporary accom-
nOdaions in section II be contracted for IN any
manner which the Judgment of the Commission may
dictate without any reference 10 section o. Dul II
unnecessary TO dwell this point II they are free to
exerce discretion by the terms of the 9th section
they are free exercise il in this In short II
the intended contract at Segunes Point Is beyond the
scope of that section, and therefore not subject to any
prescribed regulations the Commissioners can pursue
any method which, in their wisdom they consider ex-
pedient-f il is within the directions. STILL as have
shown they free to follow those directions, If II Is
safe and proper TO disregard them, OF which they
| alone are capable OF judging
Having arrived az this conclusion. il is not requisite
tha, should consider whether the plaintiff State
Taxpayer behalf of himself and other Taxpayers,
sustain this action. Il is only necessary that
should now decide, that the Commissioners were hot
under any positive ana indispensable obligation, IN the
present instance 10 let this contract at public auction
10 the lowest bidder and TO advertise in the manner
| directed in the eth section OF this act.
| Injunction denied, with $40 costs.
|
| THE MERCANTILE ISLANDER SUIT