The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-09-16
RAMAPO MATTER IN COURT.
MOTION TO EHJofN TIE EIECU-
TON OF THE CONTRACT ARGUED.

Justice N1Iueret00NN ASKS some folutou
Questions CoueerninE the Charges of
Fraud-Mr. BIandy Says the Public Treas
ury Never Was In Peril for Moment.
The motion Of Charles Z. Keator. as tax
payer. acting with the concurrence OF Com ptrol-
ler Coler. to enjoin the execution OF the contract
with the Ramnpo Water Company. was argued
before Justice Gildersleeve OF the Supreme
Court yesterday. Names W. Gerard. Jr.. and
Delos McCurdy appeared for Keator, and the
motion was opposed by Assistant Corporation
Counsel Blandy and by William c. Trull In be-
half OF the Ramapo Water Company. Mr.
Gerard said that It was sought to enjoin the
execution OF q contract that would be wasteful
and ruinous to the city.
why do you make that charger" asked the
justice.
Because II seeks to bind the city to pay
5000. DOC. 900 during a period OF forty years."
returned Mr.. Gerard. and the city would have
nothing at tho e1niration OF that time for its
money. The consent Of the Municipal Assem-
bly, should be had before any step is taken"
Why do you assume that the contract will
not be made according to law?" asked the
Judge.
I'VE claim that the Board OF Public Improve
ments." said Mr. Girard." has been attempting
to execute the contract and there is no pre-
tence that 1t was to be submitted to the NUM-
cipal Assembly
You are very much mistaken" broke 10 Mr..
Blandy. The matter was simply before the
Board OF Public Improvements for such action
as that body might take They might have
knocked the contract into forty thousand
pieces"
Are you willing to admit that 1t is to go be-
fore the Municipal Assembly," inquired Mr..
Gerard.
NO. am not" returned Mr. Blandy. 1T is
charged that this whole matter is the outcome
OF . fraudulent political combination. Let him
present any facts in support OF that scurrlous
allegation"
Does It impose upon the city any obligation
to take the water2" asked the Judge.
1T does" answered Mr.. McCurdy. III not.
what 10 the contract for2 1t not only requires
the city to take from the Ramapo Com pany.
200.0O0.000 gallons OF water. or so much az 1t
| may require. but 1t appoints the Ramapo Com
pany its agent and also permits q variation OF
| the contract to be made: the whole scheme
being as plain as pikestaff that the city would
| be required to take this 200.0000 900 gallons OF
| water II the Ramapo Company will furnish II.
We claim that there Is no power In the Water
Commissioner or tho Board OF Public Improve
ments to make any contract at all without the
| previous authorization OF the Municipal Assem-
| bly, or the Board Of Estimate"
| In opposition Mr. Blandy said that the public
officials concerned in the motion are as re-
spectacle as any Of those persons who opposed
the scheme for a more abundant supply Of
water for the city. aud In taking up the contract
in question they were acting simply within the
| performance OF their duties. Regarding the
| averment OF Com ptroller Coler that he believes
| that certain persons had conspired TO defraud
| the city by this contract. which counsel said
| was the most dlsagreeabe part OF the motion
| and that there was a fraudulent political deal
| In II. Mr.. Blaudy said that these accusations
| could not point to any ono else than the mem
bers OF the Board OF Public Improvements.
He said it was very unfortunate affair and
he believed that when the Comptroller de-
| nounced 1t. he was ill-advised and never in
tended to characterize the scheme az steal.
1t was the Comptroller who had precipitated
| the discussion and raised the public clamor.
| He said that the contract made II obligatory
on the company to be ready with the water but
It was not necessary for the city to take 1t.
1T 10 q lie on the face OF their own papers
that but for the Com ptroer the contract
would have been put through" he continued.
There never was for MON emit a question OF
putting 1t through or whether their assent
should be given. 1t Is monstrous to think that
the courts should be called upon to gag officials
to prevent them from exercising the fun ctions
OF their office. There never was Q mome nt
when the public treasury was in peril. and
never a moment when the execution OF the
contract came within a mllion tiles OF receiv-
ing tho assent OF the Board OF Public Improve
ments. There never would have been a mo.
nent In forty years whom the public treasury
would be Imperil!ed to the extent OF one
farthing even II the contract had been signed
Mr.. Blandy said the action was an audacious
and premature move for purposes other than
are disclosed in the papers and the Court
should not sanction il.
Lawyer Trul for the Ramapo Water Com :
pany said that the suit was an extraordinary
ono in view OF the averment that the Board oil
Public Improvements. OF which the Com ptrollel
is memo Der. was about to act fraudently In the
matter. The motion was premature he said.
because II the Board OF Public Improvement
approved OF the contract. no liability was
! created against the city. because 1t was neces
sary to have the approval OF the Municipa
bly, and tho certificate OF the Conn troe
that he had funds to meet the obligation.
| Justice Glide rsleeye reserved decision