The sun., 1899-07-08
LIGHTING CONTRACTS VOID.
COMMISSIONER EEARNr RESTRAINED
FROM AWhRDING THEM
Justice Maddox Snys Consent of the Mu-
nicipnl AaSenIbly Is Necessary-t.na and
Electric Companies Can Cut of supply
for 4

Justice Maddox Snys Consent of the Mu-
nicipnl Assembly Is Nccessary-tins and
Electric Companies Can Cut of supply
for Streets, Lamps and Public Buildings.
The temporary Injunction recently obtained
by Joosph Blank. n taxpayer, to restrain Com
missioner Henry 4. Kearny Of tho Dcpnrtm ent
OF Public Buildings. Lighting and Supplies
from making contract for lighting the streets
nnd public buildings OF New York. was con :
tinued by Supreme Court Justice Maddox in
Brooklyn yesterday pending the trial OF the
action In October. Mr. Blank rontendcd that
Commissioner Kenrny had no authority 10 let
the) contracts. as they had not been appr owed
IN the Municipal Assembly.
The total amount appropriated for lighting
for the present year Is S2.USj. .Sgtb. To Man
haitian and the Bronx was allotted 81 .340.-
2B4O: Brooklyn. SS7G.O12BT; Queens. SsI4.-
OD1St. and Richmond Sl25. 5.52S.15 Mr..
Blank AYERS that Commissioner Kearny adj
Sortised on May 30 for bids without being au-
thorized by the Municipal Assembly or tho
Board OF Public improvements and for that
reason he Is not justified In making any con.
trnct until he receives this authorization.
Commissioner Kearny contendsd that sthe
contract was not for public work" within tho
meaning OF The charter. but was for furn shng
supplies. which was within his jurisdiction.
Kslrny could not enter into any contract
without tho authorization Of the Board OF Pub
lie improvement and the Municipal Assembly.
He says the contract not only calls for gas and
electricity. but for furnishing. operating. main
tanning. lighting aud eXtnguishing. and.
therefore. this would not come under the head
OF supplies. rs alleged by Commissioner Kear.
ny. He holds that the contract for lighting
the various boroughs is ''pnblic work" Of
vast magnitude. But for the sake OF argu-
ment. he says. If it ought 20 10 so consid-
cred that It Is the furnishing of supplies. even
then think hat perforce tho provisions Of the
charter mny hc fairly interpreted as requiring
the approval and authorization Of the Munich
pal Assembly before contracts may be legally
awarded
Assistant CORPORATION Counsel Connoly said
Yesterday TINT the "itv would apneal from Jus
tice MnddoAs decision. Commis s1ncr hearny
award the. contracts on tho bids which were
made in MAY. After trying in vain inr many
on he ,n MR. Keary vent t" orn t%
ration Counsel Whnlen aud a,k ed hm for q
way ont OF the dilemma. Mr. Whalen decided
that the gas and ELECTRICITY to be rurchasei
were suppies and could he contracted tor like
coal or anv other supplies
Acting M On "a this oninion. Mr. Kearny adyerr-
to the city. The bids for lighting public build
day thnt there was nothing to prevent the H.
Illuminating companies. which are srnr!ving
cutting OF ;he supply Mt any I me. They have
not been pa'd tor the supply since Jan. |.
They will have t" sue the city. TO get their
money. Tho Commissioner thinks that II he
suit should go TO Jury the connrnnies would
ttand good chance to recover the amount
due them. computing the cost Of gas aud cleo
tricity at the contract price Of 1873.
''Of course" said Mr.. Eearny YESTERDAY. no
one sunIo-es hat the companies will shut or
the supply. They are sure TO get thoir money
with interest and the costs Of court proceed
inGs. Bcsldes this additional expense. there
is q possibility that. il We are obliged To wait
for the Municipal Assembly to authorize the
contracts. the Has war may end and the newt
bids NAV not be as favorable to the CITY as the
last werc."
Joseph Blank who got the Injunction. is n
close friend OF Councilman Comfy. one OF the
Brooklyn Democratic obStructunists