The sun. [volume] (New York [N.Y.]) 1833-1916, 1875-11-29
rnE Sun AND TnE rRInUNr.

| other suspected friends " the President.
THE sun AND THE TRIBUNE.
The Argument of the suns Counsel On the
Injunction before Judge DonOhue.
Mr. willard Bartlett, counsel for THE
| SUN Association, appeared before Jude Dono-
nue. on = turday, In the Chambers Of the supreme
| G utt, to show cause why a TEMPORARY niunc-
Il rr nted by Judge lawrence, restraining
the Superintendent Of buildings from entering
upon the Fr nkfort street lot OF he Tribune
Association tor the purpose OF rcpal lng the
eastory wall Of TUE Sun buildine should not be
m de permanent The Tribune Association re-
Gently tore down building standing On this
Frankfort street lot. and thereby weak ned the
wall Of THE sun building, so that the su erin
tendent Of Buildn ook measures to repair
the same. and for that purpose obtained a ure-
cep from the Court of Common Peas drec ING
HIM To do 50. lie was about u enter the Irib-
unes Frankfort street lot to do the work when
he was stopped by an injunction granted by
Judge Liwr nee, and directed both to him and
to iHE SUS Association.
Mr.. c. A. Hunkle, who appeared on behalf Of
the pl inur moved thlttnis inj nett IN be con
tnued until judgment on the action. b sing his
motion upon the complaint and aflidavits on
| whi'h 1t was granted. lie attempted to read
otner aEidavits served subsequently upon the
deiondauts. but MIR. Bartlett objected, SAVING
that bis opposition was based exclusively
upon the papers which the plaintif presented
| To Judge l. wreuce. The court excluded tue
| additional nilidsvits.
In support Of the injunction Mr., Runke ar
inrenoent of Bmidings mon tie land Of the
| Tribune Association was unlawful and not 81
heu Ov any statute. lio said that tre building
| law authorized the SUPERINTENDENT 60 enter ontV
| uuon the premises 10 ne repaired aud not any
others; the ur"posed entry would subject the
tI lFF la ffft
would Cause u.tphcity of suits to be brought
gaiusi a.. he IUbune Intended to heat It's
| hui ding with huiers aud steam heaters. To be
| pl ceu ~ It's Frankfort street lot. IL tad con
trtctcd To Furnish the ten nts of It's huluine
| with such ste IN heat; tts tenants were very
| numerous; the proposed entry ON the Frankfort
| street lot would prevent the erection OF the
| uoile'e and steam hedte s, 50 nat the heat
| would not he pulled to the numerous Ten nt-,
| VINO would thereupon sue the Tribune fof
| breach of their several cnntr cts. lie .rgued.
| therefore, that 10 the huiidins law mad In terms
authorized the proposed entry, It was uncOnsd-
! III ioual ana VOID.
Mr.. We Whituev, Corporation Counsel. ap-
pcared f'r walter ". Adams. Su eriuteud-
ent II Buildings. one of the defendants. no sad
imuoitant questions involved to the Learned
counsel fnr the other ptrles
Alr. willard Bartl Il opuo-cd the continuance
of tae injDucuon either against NJ SrN Assoc
cation Or tue SIpernteu1 M at Builniufs, nd
nsde lone arrunent. lie said mat q receipt
| mad been issued out Of the Court %. Common
Pleas. objected To the Superintendent OF Build-
ings. To- r par Jue Sterv or rear wal OF lie
sun buuuiug wni"h had become un- f., II at
All, ~ consequence Of the 1rihupt'sexc .v4tion
| u Ion tue Tribune Frtukiurt street lot.
the Superintendent OF Buildings nd undcr-
taken to eN,cnto that ,rec. ~ Ia Ger
motion Was wu". her the act whicn ne
ur"p"-ed To do vs. such "a could ~
ought To ne re-friped by a court Of "a .ity. IN
the Grst III CO. in order Ia Sustain the III melton
II was necessary Tor the pltiuuH To- show that the
ac. winch the Superintendent vi Buildings was
about to commit Was "A tr,slAss IA tue cNc Of be-
! ~. lnt this ~ NOT euutiln. Inc uiainun
must ui-o show ct. bringing m, e 81, 1i,u, p
W hail furt
uou. C,ur.s viii not ~ iin utrv ire pass
NiNin st.n AGAINST L.vin--ton, siXtn Johnsons
| On lncrrN, 400 mar wal tHeV eni lin public
Once. Weirlt because IN - are Cnargfd with
An attfmpt O exercise vnid or uncon-tilution 4
| Iue p.iuiu must NOT only SHOW tudt tres lis-
u o. committed, but also IN % vii u~e
| irrcphtnle injury ar mol L. iclY e sufts.
ms nid been a tempted here IN tue averueut
~ irreuarlbie INJURY " 8 in-utiUent AZ no facts
wetest cd to support II. A tntha uluuiplicty
OF suits wnlch the ifVi1he fe red from it, uu-
mer ue ten hts, II ais Honor wnul 81 nee at
the wind Of the tribune huildini wnen
sirolling across Printing House square, he
would SEQ by IN siguS IA the " udow- now ~
numerous &c tenants must he. he multi
phoitv - SUI alleg intne compl int "a likely
To result vas not such A. had ever Ocon ueid { D.
W r.nt "A court Of equity ~ granting II injunc-
ton. ON tnls noint r. bartlett re- err d tu tue
opinion Of s,r. jus leo Strun- of the supreme
Court m se against the cty OF brooklyn re-
ported In the HI zenith BlruOur.
But the cOmplaut Itself showed that The de-
lav In the I'tbuH, work arose rom tae orier
gwen by the ; ipeIintrudent Of Bliliing- before
my o. ocredinas were had with reference 10 the
SuN wal, OF winch order tue uiainif never had
comp. lined, ANA GO tii not complain, tee III q
| b. WAS clearly Authorized by section 1 Of the
uui'diHg law. III tue llainuh had been dam
h-ed at all, therefore, II was Nv an
act OF wnlch they DID not comp avn here.
A,r liartiett maintained that the ounidinH law
authorized AN entfy unun the Ittbuiit land, 10th
III the t"hd M tUrty-iOuTth scctiOns, aud tuat
tuesr provisions were cpnstli utiunll, benz
en- cted ~ the LEGISLATURE oy virtue OF the
police uOwer. The SUI, riut-nIent Of BWldings
wa, an officer wuO HoteJ for the ben a. OF he
puulc, ana not Tor Jne benefit Of uarticul indi-
Ndu,ls. II " WAS not ~, his nntry upon the
II. II of IHH SUN, even f. r the benefit II M
suA. would .e L. espsss. IL was hi, duty to 10
pair the wall 80 a. bert - urOt1,t the plD-
ic. III = attempt Ia do n OV mr. 49,
enuy On the 1Tfl,We Land showed that
NJ deemed t,dt ia best way. the p ntut.
vested hIu. with judici uIsrrcti ~. aud wi h
int discretion inc Court cuulu no. inter tie.
Druyido thai tue ctcuIstanc. were such as
t. woke - exercise. Il IL the mini-teiial
nflc,I and not tnu-o whore discretion Is juui-
ciai, Tat - court of equltY viii restrain 10y IN
} nett l.,
On ms point Nr. Bartlett cited and road from
Lunei Jus authorities. he .T.uHiVIt WIS lis
tened g. Throughout with goat attonl ion by the
COu { aud ~ uumoe. Of well known Nycr4
lresont. Al IT. oOu,iu.lou Jud Dunuhuo
took tno - pors, ami reserved his occasion, s,,
hru-t i..t NV ~ rct hy"y miue 1uo case Oh
tho in. ortant qaes iuna lnvntved.