The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-12-18
Supreme C~~-S- r. ----~cxs.
Before Hon. Theron r. Strong, Justice.
THE cRoroN AQuEDUcr CONTRACTS.

THE ChOTUN AQUkDUCT CONTRACTS.
DEC i5.-7ne People Of the State Of New York u.s. The
Mayor, de- Of the CITY Of New York.-The prayer OF the
complaint is that the action of the defendants in passing
resolution directing the Croton Aqueduct Board to have
the gate houses aqueduct and their appurenances for
the new reservoir, constructed by Farchild Walker 4
Co.. under the contract made with them the 2dof April
1855 &C., be adrdged to be without authority and usur
patton Of power and the defendants to be enoinec from
passing the resolution any resolution directing the work
TO De done by those persons person. except the
same be awarded in the ordinary way upon sealed bids
mace in pursuance OF notice. that the defendants also be
enjoined from employing said persons auy person 70
construct said work. AMI that the defendants be- prohibited
from carrying out the provision OF said resolution II ia
se forth Ia the compliant that the resolution had been
passed by the Board Of Councimen the Board Of Al
dernen that had been vetoed by tue Mavor and re-
adopted by the Board Of Councim by vote OF sixteen
to three and that the same was before the Board Alder
men Tor Their concurrence The other papers before
the Court show that the resolution was again passed
by the Board OF Aldermen the 9Th OF Sep.
TENDER, 1859, the same day the COMPLAINT was
yer he'd two thirds OF all tho members elected
having voted therefor. whereby II became aiopted II
was held oy Justice ngraham that passing the resolution
was legislative act and that the defendants could not
be enjned from any legislation they might dee proper
ana following that decision, aside from facts that the
resolution has passed aud in force far as could
be made operative by the defendants shall hold that an
injunction against the passage OF the resolution cannot be
granted Baldwin Jaycox, to whom the lowest bid
ders III pursuance OF que notice inviting proposals. the
Crcton Aqneduct Board awarded the contract for con
sructng the gate houses pipe chamber and aqeuct on
the 9th OF October 1885, have right TO the work un
der the award before confirmation Of contract by the
defendants claws 1867, chap 448, sec 49, sec 49, Or.
dnances Of defendants Of 1885, 494 The People ex
rel Dnsnorc VS. The Croon Aqneduct Board Abb. Az
But 1t was otherwise and their rights should be In.
irnged, they would have ample remedy by action
Ihey nave not prctence OF claim TO an INJUNCTION
and sothing e demanded injurious their interests
fancniid, walker Co. have interests, legal or
equitable involved in the litigation So far IS
their contract for constructing the reservoir EN-.
braces the work in question, sought TO be- aud
VIII not be, Affected by the result OF thus action they
VIII DC entitled 10 perform their contract and 10
the contract Is violated by the defendants Their rights
under their contract la way In question to their
prejudice; and they have rights under the resolution
directing the Croon Aqueduct Board employ them 10
DO the work specified In It. After elaborate review or
the case, the Judge concluded by sayng-I think the
complaint sufficient pleading TO warrant the relief
demanded to that extent As . pleading it sufficiently
shows an intention by the defendants beyond the pass
ing carry ont execute the resolution In regard to
public injury, II shows that, according to the bid OF
Baldwin and Jaycox for the work there would be saving
TO the Corporation of New York by letting the work pur
suant 70 The charr Instead Of having done under the
contract OF Farchid, Walker Co.. upon single item OF
the work, OF $le7 90 An undertaking must however be
executed on the part Of the plaintiffs a. condition OF
grAhtDg the injunction, In such with such sure
ee az sha be approved by the Court on one davis no.
wee me defendants and be duly approved and nlod
az nJuncuon - ordered according this opinion upon
euen an undertaking being first given within ten days