Worcester morning daily spy. (Worcester, Mass.) 1888-1898, 1898-02-04
IN A MIDDLE
Says General Wood With Re-
gard to County commissioners,
Legal Points Raised Calling for Injunction
from Proceeding With Present
Court House Plans.

Gen. Charles w, Wood, seeing in
! Thursdays Spy that the county COM
mlssioners had voted against reopen
ing Of the court house plan competition,
as petitioned for by Eldridge Boyden
ct ais, carefully examined the legisla-
tive act empowering the county commits
sioners to proceed with the erection of
/ a new court house building; and as a
result of his perusal, he has found a
point which he thinks may go to show
] that all action bv the present board of
county commissioners in regard to the
competition has been 1llegal. The legal
points raised by Gen. Wood call for en-
joining the commissioners from proceed
ing with the present plans, on the
ground that they are acting beyond the
authority of tie statutes, and thus pre-
vent further progress under the design
of the Boston architects.
Gen. Wood was seen Thursday eve
! ming by a Spy man, and said that in
| his opinion, the county commissioners
| are in a serious muddle. He said: cit
is a grave question whether the COM
missioners have any authority to con-
struct a building such as is contem-
| plated. do not undertake to pass upon
the merits of the plans, but express my
! opinion. [ cannot conceive Of any other
4 construction Of the statute, except that
| 1t provides for the construction of "a
/ building" THE statute strictly provides
for building, and it is a grave ques-
| ton whether an addition to the old
court house comes within the provision.
IF the county commissioners under
take to build an addition or an annex
to the old court house, they are doing
something that the statute has not pro-
vided for at all. The statute says a
building for the purpose of affording
additional accommodations. The fifth
section provides that in that building so
constructed there shall be offices for the
clerk Of the courts, registry of deeds,
probate Office and other offices, two
court rooms, etc. If ] am correctly in
formed, the commissioners contemplate
| leaving those offices in the present
building where they are now. Certainly,
this does not come within the act. If
an addition to the old court house can
not properly be construed to be build
ing, then any contract made already, or
which may be hereinafter made, for the
construction of an addition, will not
come within the authority of the act.
| And, as l look at it, l should hesitate
| to advise any client of mine to buy any
bonds which may be issued by the COM
missioners for the purpose Of construct
| ing that addition From my present
opinion, I believe that an injunction
would lie or q complaint in equity might
be made by citizens, and the commits
! sionerS enjoined from proceeding with
the work as laid out. The opinion rests
| upon the theory that the act for the
| construction of a building cannot be
| construed for an addition or amalgama-
ton of buildings While I am not ac-
customed to criticise public officials it
| does seem that the county commission
ers have been lax in their duty
1.-THE act was passed last June, pro-
viding that building should be com
/ pleted and ready for occupation by
Jan. LIST, 1899. Here, half of the time has
! expired, and comparatively nothing
! accomplished. There is not the slight
4 est prospect that any kind of building
/ can or will be completed within the
time specified in the act. Unless the
construction of the act be that they'can
erect an addition as a building, no
man who takes a contract can enforce
| it until the supreme court puts such a
| construction upon its language. If that
were to be the case they might hitch on
! anything, regardless Of whether 1t were
a separate building or an addition. l
| am not at enmity between the plans,
and the county commissioners are my
intimate friends; but, occupying the
public position that they do, they are
| subject to criticism.
Here they have been nine months
and have done nothing. I believe in
| patronizing home industries, and, from
what has been the record Of honor of
| Worcester architects in the past, and
from architectural journals, I feel that
| he hI1f1 a n
from the plans of our architects in
| Worcester. If, when the act was
passed, an addition, and not strictly a
| building was contemplated, the trainers
| found a poor way of expressing it."
| Gen. Wood was asked in regard to an
| injunction being sought to restrain the
| commissioners from building on Court
! street, which Is public highway, and
! he said that this point was of no weight,
as the act distinctly gives the commits
sioners the right Of way, easements,
| etc, for the construction of a building.
I, The point as raised by Gen. Wood is
| that the entire procedure of the com
missioners in adopting plans which call
| for the construction of additions to the
| old court house, and not a separate
| building, has been unlawful, as the act
specifically provides for the construc-
| ton of building" the Interpretation
| Of the general being that a building. is
a separate structure and not an addf-
ton or amalgamation of buildings.
Carrying out this point, no contract
| signed by the commissioners with ref
/ erence to the court house construction.
according to the Boston rlan, would
hold, and the $500 awarded the success
full architects in the competition, was
accordingly without the authority of
the act, and Illegal. Under the con-
| struction Of the act that a building is
separate structure and not an addi-
ton, no contract or sub-contract for
the work of construction of the court
house according to the design of An
drews, Jacques & Rantoul, will be bind
ing. The course advised by General
Wood is to have citizens of the city Pc
tition the courts at once for an injunc-
ton, restraining the county commission
ers from proceeding with the work, on
the. ground that they are acting beyond
the authority of the statute in build
ing an addition ana not building. Sc
curing a temporary injunction, the case
would go to the supreme court to de-
termine whether putting on an addi-
ton is constructing a building.
General Woods fine point will be
hailed by the friends Of Mr.. Boyden as
the last forlorn hope, and will arouse
considerable attention. What move will
actually be made will be determined
within the next few days. IF a tenn
porary injunction We're TO be secured
the case would not be heard by the SUI
preme court probably before next Octo-
Der, and then the present plans would
be held up, after the manner Of the
Lake Quinsigamond bridge.
CONFERENCE TODAY.