The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-11-01

the use Of the Mayor &c. ard that AMONG o'n es
amounts 90 authorised 10 DO nissd vas
sum OF 100000 ior the eApsns .nd
squares Of this CITY for the current wear. 80
work be The contract therefor 70 = Nara.u
A. provided by law and thai contracts were 70 -
made In excess Of thai sum- that by M ordinances OF
the Common Council, passed aud duly approved on the
3lst day Of May 1861 the sum q $4,000 was sppro,
priated FOR thai purposs including all materials and
labor required notwithstanding such provisions or
the charter laws and and IN maud ana cen
Que trustees the property FUNDS and effects OF the
city the Street Commissioners OF said city Of New York
George W. Mclean entered into and awarded contracs
for tue and repairing the OF the
city from June l. 1867. 70 December 81, 1867 one
20 pay to Brown therefor ths sum OF $50 less the
Of 5000, reserved " defray the expenses OF
experimenting and inspecting the work during
lar semi-monthly instruments; th&t Brown has
been paid all the SIMS upon the performance Of
made Il With S WHICH
sealed proposals. shall DO all contracts plb
c work 70 be done whore the shall be In excess
OF the sum or $3.50. and that publication In tho
newspapers was mado advertising for such proposals
that the contract was not awarded to the lowest bidder
at tue street Commissioner fraudulenily awarded the
contract without any public notice, receiving
curing, or inviting any proposals. causing such pro-
- % openeo IN tne presence o. ans so
500 0o0 and In 1866 S97 000 that by the terms Of the
contract OF 1885 the contractor having the work was re-
CURED 10 keep In employ men not less than two undred
hundred men, with their proper complement Of carts
and horses and that Brown Is not required TO keep en-
ployed on the contract awarded him more than
one hundred men that the contract would have been
accepted for much smaller II proposals therefor
bad been regularly invited that Brown has not kept
employed more than seventy men. exclusive OF fore
men, and has kept the proper repair; that
tne contrsct Is wholly void and Illegal, and that The
payments thereon have been made By and with the con-
sent OF the Mayor Aldermen SO.
On the 10Th OF September Judge Clerke granted m
issued and V on the Gath q SEPTEMBER temporary order
Of Injunction was granted. The application yesterday
was 10 make that order perpetual.
Counsel for tho respondent submitted addavit OF
A. W. Craven, Chief Engineer OF the Crotor Aqueduct
Department setting forth that the sum allowed by tho
terms OF the contract for the amount
Of labor to be performed and the materials to be fur
nished At the close Of tho argument the Court took
the papers and reserved Its decision For tue relator
ex-Judye Emott; for tho respondens }. Vanderpoel
The Union Pacific Railway Litis ation-Cor-
Ross ct al the Union Pacific Railway Company
tEIern Diriso lin the report Of this In yester
days HERALD whish damages 10 the extent Of about
S. 900 600 claimed, should have been stated that
II tho eastern Divison Kansas branch of the
Pacific Railway against which the suit brought It's
line Is about three hundred miles south OF the I'm on
Pacific Railroad proper aud the organization Ia IN NO
way connected with the Union Pacific Railroad.