The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-12-09
RtMAro INJUyCrIoNs DENIED.
No Evidence. Justice GiId-rsi-eve Says, That
Anything Illegal Is Conte mpIated.

The motion Of Charles 4. Keator. az tax
Water Company contract. was denied by Jus
tice Gldersleeve ~ the Supreme Court yester-
day. He says that the complaint OF Keator
does not state n cause Of action because IL IL
not averred that the ltamapo Water Company
would accept the proposed contract. He says
further:
Neither the approval Of the contract by tho
Board Of Public improvements nor the signing
Of the contract by the Commissioner OF Water
Supply will create any obligation on the part OF
the city. Tho Controllers Endorsement
alone can give validity and effect to the con.
Nact. The Comptroller states In his AFFIDAVIT
that this Endorsement had not ana will not be
made upon the contract.
Tho acts sought to he restrained cannot. II
committed. constitute injury to the assets OF
this city. within the meaning of those terms.
as icontainoI IN the la1payer,s act under
which this action IL brought. Furthermore,
there Ia no evidence to support the claim that
sny OF the admin strative officers OF the city
departmeGts herein are attempting the COM
The claim Of the defendants that there has
mnnds 81 this large city IL fully supported by
the evidence. This is especially true Of tho
horoughs Of Kings, Queens and Richmond.
tahisheh bv the records and reports OF the
Commissioner of Water Supply and by the am
davis and statements contained ~ the collated
and IRON nent citizens with their petition to
the Board OF Public Improvsments-ther is
evidence OF tho defect OF the present system as
far back as 1888"
The ALLEGATIONS that persons interested In
splred to cheat and dciraul tho city, the JUS
tice says, AFRO unsupported by evidence A
similar decision IL inade by Justice Glider
sleeve on motion OF the press Publishing
Company Tor an injunction to restrain the exec
cutlon OF the same contract;
Comptroller Co!er and Simon Sterne made
RppppnpP NJ i naf loo
lilherseeve In the Ramapo Injunction cases
before the General Committee on Water Supply
OF the Merchants Association, Mr.. Color said
inrert
Ny position In this wnlcr question Ia more
or lesr well known, and do not know that
could ampiy II In any way IN particular
thinN there are some things in the decs ions
which may strengthen our position In the ma :
outside investigation made into public affairs.
the better our government viii become [
have found II exceedingly harl work 10 pre
sent iacts 10 people In \ simple way 30 that
they will understand them"
Simon Sterre said:
achieved by the parties who appear in the
public interest before Judge Gildersleeye in
TINS matter In that Judge Gllhnrsleeye nm :
eIllvocnlly determines that the Boari Of Pub
lie improvements has not the power Of itself TO
sanction such contract Judge (iidorsreye do.
termlncS. that IA idtion thereto there would
be necessary tho Endorsement OF the Comm
tro Ter. the action In the Municipal Assembly.
aud the exercise OF tho signing power or
the veto power, on the pRrt Of the Mayor That
regard as a very sn6sIaptlal gain. and do not
mink any very serious danger may be appre.
hended now that the contract Will be rushed
through or put IN force by the sanction Of the
Board OF Publc improvements"