New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-12-09
RAMAPO NOT ENJOlNED.
PERMANENT RESTRAINT DENIED 81
JUSTICE GILDERsLEEVE.
DECLARES THAT NO ATTEMPTS AT LILLE
GAL ACTS HAVE BEEN SHOWN AMI
THAT THE CONTRACT WOULD
NOT BE wAsTEFUL.

NOT BE w ADJ w
Justice Gildersleeve in the Supreme court Fes'el
day. handed down two decisions aehyis ,.'o h,ch
cations TO continue the temporary n)uhctlons
nove heen restraining the Board or Puohc I'M
nrovements from passing on the Ramapo "S.e'
Company contract. The suits were OrousnS "
Charles A. Keator. a taxpayer ana by TUG
Publishing Company as taxpayer. ,,..,or
Justice Bildersleeve in his decision IN .he Ns"y
case says that it appears to be conceaeo ma r.
thor The Municipal Assembly nor the Boaro Oh 20
innate and Apportionment has yet acted ="
contract The assertion OF the ueieiu" -.
there has been great scarcity OF "a''. .A nv,
- sr,o,ds Of this large city Is fully supporter ~
the evidence. This is especially true VI ~" r,dga
oughs of Kings Queens and Richmono' lno for
soys ,bat this condition OF things has eAis'eu
,ears and that there is evidence OF 'he O''OO
the present system as far back as 1891 -, 40,
THE decision then deals with the Steps i ',or
,,or,,issioner Dalton TO secure an additional "@'''
supply. and continues
me "a s Ramapo Water Company and eer, ,ad
persons I'm the city OF New DIN ond me city by
means Of the proposed contract is as Unable TO
made upon information ana De,le otrcIe OF evidence
HiHc,osne the source Of the Information oi
OF SenSi ,c ~ ne knew very carefully coneea aTo
.ha vames of the persons whom he says Water
motors Of and interested II me as 40 the names
81 b persons in the city Of NewYorR WoV With
will * dry I'm
said promoters to cheat and dened M there IS
The large volume of papers nan Hu 'tts charge
abs9Ttey no 0Sn Tmanres comedies that With
ont fraud which will result IN WI this require
ant nv claiming legal fraud when ne s,oneT of
arises from the attempt OF n ta act bv executing
Water Supply 10 commit an llesai az ,h9ritv of the
me nroposed contract without the authoi''' "
MrncpAi no Evidence TO sustain the assertion on
,baf commissioner Dalton intended 10 water
contemplates procuidr nesordance with the law.
The allegation Of the complainant t aane emf of
tract wasteful Gef q Showing hU} ground for APP
prehension of future injury Inc q SHOWS IL TO
soFe tns harmless 1t is simple option. ny iS
terms the Ramapo Water company a.. ~ ctv does
wafer ,be water she need not take IT, II really
"onfors upon the city privilege OF "iNyi waste Of
avail herself II she key to result from such a
contract. The contract itself reiu'eS SUI"
There Is no evidence to support the b ea cr de-
any Of the admnistratve 9ii he commission of
pendants herein are atteinp''"s '"'
an Illegal act.
Justice Gndersleeve. in his decision oehyihs 1ne
application Of the Press Publishing Company lo'
continuance of the preliminary inJuncuoh oD'S"eu
nv that corporation goes over the same grouhos o.
IN the Keator case but points out that 'ne Pi''-'
alleges that the attempt to grant 10 'he Na"aP
,or,nonv the proposed contract 'is the result OF
fraudulent political combination. in VIOLATION Oh
law and Of the plaintiffs rights as citizen ana
taxpayer" lie says:
The allegation upon information ana 9 Seaseat
,oIitirsf corbinatlon' IS unsupported by any ave.
nmenf OF the source of the Information Ut Che
grounds of the belief.
Justice Gildersleeve says the principal grievances
Of the plaintiff is the alleged presumption OF the
BOARD OF Public Improvements TO authorize the
commissioner Of Water Supply TO execute the con-
tract and the declared or apparent intention OF
Commissioner Dalton TO execute the same lie oeals
with this question at length, and says:
II cannot be said that the execution OF the con.
.,act was at any time imminent. Certainly there
Is no proof to support the claim that an execution
OF the contract is being undertaken by the oe.e.u
ants without due regard 10 the provisions OF the
charter and In violation of law, II cannot there-
fore, lie held that a legal fraud Is attempted