New-York tribune., 1891-02-05
AFFAIRS IN BROOKLYN.
MR. JEyKs TRIES TO FORCE A TRIAL.
trDcE DyGlMAN CoNDITIONALLY DISsoLvES
THE INJUNCTION IN THE WATER CASE
Mr.. GAYNOR DISPUTES HIS
AUTHORITY.


The dcsperate straits to which MAYOR Chapln and
his supportcr, are reduced in their laundering about 10
,ricato Themselves from the grave charges growing
ont Of the wafer scandal shown in TIE proceedings
in the supreme Court before Judge DSkman Se',e'ua''
which resulted IN action on the Mayors part looking
towarl dssoving the injunction which reS'Tdhs 'ho
city authorities completing the contract 10 Ouy ol
CvrIs T.. staples and the ' persons oi sNolS Pon''"
nencncc the property Of the Long Island Water
Suppy COMPANY at the cXorlant price of @l'-'oooo'
The city authorities felt that they were put III pretty
had Situation when Judge Bartlett refused to dissolve
the temporary Injunction granted by Judge cullen
An appeal from Judge EartlettS decision wa, hioe'
and pending that the suit begun III brhaf oil NHllim
ZicClcr 10 annl the contract ana restrain tle CIV aH
thoIitcs from completing 1t was put upon inc 'ahudf
of tbe special Term by Corporation Counsel JenHs.
II came lief re Judge Dylman on Monday and he re-
fn.ed to strike il from the calendar, although the
painn, counsel declared that IL had been Improperly
noticed for trial and the case was set down ior
motion yesterday.
Corporation Counsel jerks then sent word to W. }.
G,ynor the opposing counsel. who was IN Albany
arguing case before the Court Of Appea'' ASKING MN
to appear I'm court yc>tcray and agree upon day for
trial Mr. Ciaynor declined the ground thai the case
wa, rot before the court al all, rs the ISSUES hd ot
been noticed for trial. and he said he would aSrec upon
no day out Of the regular order lie had not vet han
an opporiunity to read the amended answer. and he
move that issue, be framed for jury.
Mr.. Gavnor would not appear In court ye'tcr
dov and Corp ration Counsel Jcnk, laid that the
plaintin', counsel desired to take advantage oi
Technically on tie claim that the 'a'c was hot
propcrly on the calendar. he would agree WIN MN
unon a day. lie admitted practically That the case
had no Standing in court. Lut he had had hoped the
counsel for the p1lnilH NouId ''He H'' ''''' ''"
hx a day for trial.
Iudrc DyLman said that delay could not be sc
cured Ly an amendment 10 a mpiaini Puohc "i'
Gccrs we're charged with improper conduct. ara the
paintin should be ready TO sub-tnnt!ae the charge.
He thought the preliminary injunction ouf"t not l"
stand. M Jcnk, then aid he would AppN lF 4
vacation Of the injunotor although lie va, wil'inS
70 let il stand if speedy clia could be -c'uicd
Take an order ,acating the Injunction ''d
Judge Dykman.
Iut when hc came to sign the order it was by ~
mean, - sweeping lie found that an injunction
pending trial # the suit for annullnS Tie ''hu.'l
and restraining IT. execution. which hdd been 'p"aItd
to the General Term. could not be- 80 eummhrb
vacated and he signed order citing forth tlht "
yond be vacated II The case did MT come {" ill on
February rs.
When the announcement made ihnt Judge lNR
man had dissolved the injunction Mr. "a'n"r sHid
This Is A mere .bruum fllmen from the bench. Inc
ease was not before Judge Dykmhn Ia dhS shape OF
form. Tie amended answer was not served until
anuarv 30 and thcn the issue, 10 d" tried were first
made ND The law allows fourteen day. notice Ire
fc, trial and the notice must be on the r't day oi
term The earliest day for notice 90 The trial iheh
wa, the first day Of the March term. Every lawyer
know, that there was no, the slightest Hgl I" h"'''
q, ,, t,. r-.t d,y of t,n February have kept
my faith I'm the administration II Justice ana "tt h'
been done viii not have "a feather WrIeht WIN .-.
.haII carry the case 70 the highest court oi the
.ta;. takiug care to perform my iulI any ana n"t
;ro,ryine about the result II Mayor 'mpW taN',
adyan,ace t.. tod,y'- action To carry ONT tc Wa'" 81
'tr mill, f,rd- lct him do II. H." palnin email
,rnri, him 10 do I'D. Eut under the order oi ihe
lnrrt uofhinc oan hc done until after tir expiration
~ lie fourteen DAY, for noticing the case for ul