New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-12-14

plaintiffs business and the legislative duty Oh
Jmdgs Rarrett writes an exceedingly able opinion,
in which he says that in his Iudgment sne , ,.,
function as TO Mr. Giroy should be whoy oisso.s.,
and that the part of the orde 9ro mu ureventinS re-
Board Of Electrical Controi from ple'e""s ~
pairs was clearly unauthorlzed.
THE MAYOR RECEIVES THE NEWS
No time was lost in conveying the news OF the
decision 70 Mayor Grant. who was highly pleaseu
with the result. "If. as it is reported he sa'F'
the decision of Judge Andrews Is wholly re-
vcrsed and his injunction absolutely dissolyed,
do moi see why the Commissioner OF fuonc WORKS
cannot 90 ahead and remove all Improperly IN
smiated and dangerous wires without delay MY
order ana the official order OF the Board oil Erc
trical Control the Commissioner mas on me- Ihey
have not been revoked and see no necessI! LOT
reissuinp Them We must. of course, wait Tor Inc
text of the decision. The Board OF hisctrlcai
Control will. | have no doubt furnished Com
missioner Giroy with necessary expert assistance
10 point out the wires which ought 10 come down.
Commissioner Gilroy began early yesterday 10
send notices TO electric light com panies, calling
their attention TO defective wires winch the eS-
pcrts of the Board Of Electrical Control had found
and allowing the companies ten days TO remove
them After the decision had been made puDhc
and Commissioners Gilroy had been in conference
with the Mayor the Corporation Counsel ana JONI
NJ Bowers. the legal representative of the city IN
the Injunction suits, the Commissioner sent Ior
SUPERINTENDENT Michael +. Cummings OF the
Bureau of Encumbrances and directed him TO gct
tosetber rs many men as possible by o'clock this
morning ready TO 90 to work and take u9oy Th M
properly insul1ted and dangerous wires. VT. uiI1
roy also requc ted the Board OF Electrical Coh1ro
TO furnish him with An expert TO 20 win the nicn
and point out the wires which ought 10 DC IT,
moved ,.,- ,,;. ,,or,-
ing what district should be covered first. am
determined" he added, that this work shaIl We
proceeded with vigorously nntl ever tSnpe has
been taken down. All proper hnse VII 'e s itte
although precautions will be taken TO DO as H'lIe
injury as possible to wires IN goou s'"'c u '''-
sulatiOn.'
WHAT THE LAWYERS SAID.
The news of the decision quickly spread
about the city. and clerks were sent at cnce from
the Offices of thr lawyers and the companies most
directly concerned 10 secure full copies Few
were able to secure copies however, and when the
lawyers were by reporters, they all pleaueu
ignorance Of the text as reason lof reucencIe'
Paul D. Cravath OF Carter, Hughes N CraVath,
who are now counsel for the Brush Company as
well as for the United States Company did' IN
deed prepare a typewriter statement 10Y, the
newspapers but il shed no light on the real IN
fcntion of the companies in the present crisis.
Whether an appeal would be taken to the court OF
last resort or whether he thought stay of pro.
cOedings could he secured pending the decision OF
such an appeal. Mr. Cravath did not say. lie, IN
fact carefully avoided all mention Of the subject,
combining his remarks chiefly TO an ehort 10 prove
That neither of the companies represented oy MN
noe has anv unsafe wires, and that Their position
Is not materially altered by the decision.
APPEAL OR STAY NOT LIKELY.
Mr. Hotaling, of Forster, Hotaling dS Klenke,
counsel for the Mount Morris Company, said that
he could not express an opinion until he had
carefully read the decision. He remarked how
ever, that even under Judge Andrews's decision
the Commissioner of Public Works could un-
doubtedly have removed defective wires AFTER
serving due notice, Just as Theodore Moss had
urged him TO do. Another of the lawyers, VINO
forbade the use Of his name, said that IL was
probable that the Court OF Appeals would refuse
10 hear an argument in the case, on the ground
that the issue was really one of fact lie thQught
IL especially unlikely that the General Term would
grant a stay. moreover, considering the vigorous
language used in the decision.
Edward Lauterbach said that while the subway
Company was not party TO the aclOn ue ue
cison, of course gave great satlsactloh 70 liz o
added that within week the company would
have all the subways completed that nave mus
far been ordered by the board Commissioner and
said that he was just then debating letter 10 /
Commissioner Groy, offering HIM every asslT}ance
in his power in getting rid OF the wires AZ four
Of the Board inspectors Will report 10 ME- 0liroy
this morning for duty.
The following letter was sent by the United
States Company to Mr. Gilroy last night;
We have your favor date herewith requesting US
IN shut of the electric wires before
O'Clock tomorrow morning and notifying us that at that
hour your department begin remove all improperly
nsunted dangerous dead wires and Will proceed Win
such removals without further notice.
In repy we beg that pursuant TO your direction we
will turn of'our current from all OF our overhead wires be-
fore o'clock tomorrow morning We feel confident that all
6f our wires place this city are properly nsu'
lated and dangerous. II we have any Improperly
insulated dangerous dead wires we will be glad TO
remove them ourselves With this end in view we win
have OF accompany the representatives OF
your department with instructions 10 take down
themselves any improperly insulated or dead wires which
NAV no found
ever that such will be found.