New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-02-10
IGNORING THE JUDGES ACT.
MR. JESKss VICTORY SEEMS WORTHLESS
ARGUING OVER THE BROOKLYN WATER SCANDAL
INJUNCTION JUST AS IF 1T HAD NOT
BEEN DISMISSED.


The argument on the appeal from the order vi
Justice Bartlett continuing the injunction eran'eu ~
1retice Cullen restraining the Mayor ContrOer anu
Auditor of the city Of Brooklyn from completing 'l'
purchase Of the Long Island Water supply ComPanS'
pending tile trial Of the suit brought W
Zieclcr was made yesterday in the UeueFal i''m ~
tho supren,e Court in Brooklyn before JUSTICES p"'
nard Pratt and Dykman All the la"9ciS " w.
case were present and the argument was O'eN" -
corporation Counsel jerks for the appellants
After containing of the publicity gwen 10 ~ie
c,so Mr. Ieuks said that he was glad the appear wa
on not because the officials wished 10 rus" N'' ~,
contract but Jecause they desired thatthtnrls ,t,
he determined. Courts OF equity rarely mVcIi'i .a
the acts of public officials except III case VI -
and taking refuge in the fact that rauu was
Az yed ON the part Of the officials III '''e o'e
COMPLAINT Mr. jerks held that as the lhIun0',o"
granted before the charge OF fraud was lnauo r,.,
pot stand He quoted a recent case, thaI Vi i
against the city Of Buffalo, In when IL was "'1 ,'I
tbc term waste" comprehended Only uisho"o's 49,
acts and was not intended to subject Ile oi,c'' 49,
~ officers acting within the limits oil lhe'r
~ the SUPERVISION OF judicial tribunals e'on W.
rovor did consider them unwsc. Local oh'ccrs Wei
Icctcd for such brief periods that frequent oppor'"
was afforded the public to change them IL '"''i NV
were not satisfactory - -. ,o,p
MIR Jcnls then reviewed the questions Vi
much rs they we're discussed before JUSTICE ndn
lie said that that judge had ruled tlat 'no 0
conld not look at the property "i1h VIC" Az
irrespective value All the Judge reeai"er "V ,.,ono
statements that the stock sold some Hol''A9
@ , and had been returned to the assessors
at go a share. . 49,. ,,s,orod
Tho court said Mr.. jerks, should have NSteheu
~ mo and not brushed me aside we are hot ouy,"7
Tho stock we are purchasing the right 10 p'o'eo. t"
nsrt ot the city from conhaGratlon'" lie uiu NV
L,ior the connection put in a year ago az
Emo
tho ward against fire. Mr.. jerks asAou , ,"@'
80 oor,v decision be handed down, and theh "lna''
r. he WITT argued the for the deiehua"O'' 10Y us
,articular stress on the qubbt mat ifauu was NV
d., charged and that therefore the h!uhctioh o"
not stand. l.. .,srror liza
After the recess Mr. Gaynor arose 10 sn'Wer' '
.,td he had brought the action calmly ana "a"Veu
,.I a ne ,er,ts He believed that the Court OF
,,no,I. sbould decide upon the case before the Pur
cI',so was made The Law annexing New-Lots 10 VIC
civ of brooklyn In four lines gave the water ooiPi'
assets which IL never had before ana III t'e HeN' ''
permttcd the city to buy that created value nv
i,i,on, ver, so outraged the LEGISLATION thao theS
naSr the candidates for Office pledge themselves ho'
purchase the plant The officials allowed TWO years ~
or,nse and then met In secret and secretly upset tY
n,onounccd desire OF the people. Mr.. GayhOr afsue'
that the city mad the right TO supply water III the .o~n
ri NeyIots by the express wording OF the act a' oo
time when the Kings County Water supply OohPhnS
,-..
,ras a competitor OF the water company and the ac
.l,ut,inc ont that competition unconstitutional
Hcyoud that the twoycar provision rendered II III
an ,,,,lvo now The scheme for acquisition was unit
ard part could not become imperative ana inc rise
remain in force. Mr. Gaynor concluded his argument
by stating the points OF law on which the nluhcuon
had been granted
70 conclusion as soon as he got home, but he could
not answer for his associates.
Corporation Counsel Jcfks has anandohen al ~
lance on the order OF Justice Dykman condItloAalF
vacating the Injunction. lie and all his ass jcats
frankly admit that II IS void and they VIII ignore
p the future. The advisers Of the Mayor nave U-eh
r,undly ceusuring the Corporation Counsel FOR MS
management I'm the past The criticism seems to nave
had some effect he attempted no Surprises yesterday
but confined himself to arguments after the orderly
custom # courts.
Mr. Gaynor was asked Yesterday by a Tribune re
porter II he had ANYTHING TO say about the order ara
the criticism, passed BY upon him for not going
into court and aUcrward speaking 50 frankly about
the order lie answered
"Corcernlng what is called my attack on Judge
Dvlman | have nothing ~ say. except u relteF'to
that | knew position was right, ana that lie WIS
absolutely without power to do what he id ala
RIGHT 10 stay away from his court, because the issues
we're not before Inn for trial, and no notice Of notion
to vacatc the injunction had been served on me-
think II i, now seen that | ri-ht, ana that the
,o-calcd order which Judge Dykman made has teen
abandoned. as the argument IN court today showed.
M jerks admitted before Judge Dykman that he hdd
no standing there. and every Lawyer and Judge knows
that 10 De the fact. have been friendly with Judge
Dykman for years, and regret tic mistaHe when he
made. When he made 1t, however, If had renamed
quiet il is quite likely, a. saw at the time that many
ucople would deem hi, action valid, and those who do
not know me- might say that stayed away from his
court collusiycly lad n course open 10 me except
the one which took, and took it coolly and without
passion
The missing papers in The County Clerks office have
not yet been found although the clerks are mailing
search for them. County Clerk Kaiser says Il they
ire there he /, going find them. It i said that the
testimony taken before samuel NcElrpN, the arm
irator was never filed A. any rate, there l. record
Of The fling Oi the motion papers, and they, too are
missing.