The Providence news. (Providence [R.I.]) 1891-1906, 1901-12-21
INJUNCTION
AGAINST
ALDERMEN
None Was Granted Today In
the paWIuckel Railroad Case.
Another Hearing Tuesday.

Judge Douglas today I'm the appellate
division OF the supreme court heard the
| petition of Henry b. MctcaIf ana other
! citizens Of Pawucket for an Injunction
against the mayor and board OF alder
| men of PaWtucket TO restrain the latter
body from cOncurrlng with the common
council In the passage of an act grant
ing To the Pawtucket Street Railway
company certain rights and privileges
The measure complained of gives per-
mission for the laying of standard gauge
rails on Main street from the casterly
end OF Main street bridge TO School street
and on School and Prospect streets 10
the city line; also for Division street.
Arch avenue, Pond street South Bend
street and Prairie avenue TO York avenue:
also FOR Walcott street. from Broadway
TO North Bend street; Brook street New
port avenue to Carter avenue.
In the bill in equity filed by Mr. Metcalf
and others on Wednesday recites that
the common council passed the measure
in surreptitiOus manner and illegally
I'm this. that the call for the meeting was
issued only within three hours OF the time
a which IL was held and was served on
the members Of the council within an
hour or two before the session began.
Another allegation Is that n the board
tucket will be taken away and that they
will have to pay two fares where they
now pay one and that those using cars
In the section named will be compelled
TO walk across Main street bridge
Further II Is charged that a great wrong
and public injustice will be done 20 all
the citizens and taxpayers Of the city
II the board Of aldermen concurs. and
II said mayor approves OF the action, and
that the rights OF the public are being
taken away and valuable public fran
chise is being granted without due com
pensstion, and that injury viii be ire
parable.
restraining order was obtained when
the bill was filed so the board OF alder
men did not take action as expected The
measure is favored by many citizens of
the Second ward OF Pawtucket
+. w Blodgett, city solicitor, appeared
as counsel for the common council and
pronounced the action taken by Mr.. Met
calf and his attorney, Thomas l.. Cor
cOran ridiculous
-Mr. Corcoran argued today that the
common council had acted Illegally I'm
passing so important an ordinance with
out reference 10 a committee.
Mr.. BlOdgett argued the court should
not interfere with proposed legislation.
Judge Douglas thought the language Of
the ordinance referred TO by Mr.. Corco-
ran a. rather indefinite. but said its hon
20 TO committee.
Mr.. CorcOrau urged that measure OF
such nature must go either TO the COM
mittee on ordinances or the committee on
Judge Douglas saw nothing i'm the ordi-
nance or anywhere else compelling a |
council or other legislative body To refer |
a matter under considera tion 20 a com |
mittee. The same power that originally |
made the ordinance requiring reference |
might for the time being suspend II by |
passing an ordinance or taking action in !
consistent herewith.
Mr.. Corcoran then said the measure |
granted perpetual franchise and gave 1
away rights without compensation.
Judge Douglas said he knew OF no au- |
lhor1tN In "A court TO entoin a legislative |
body from passing law invalid on It's 4
face. II a measure was passed against |
tn provisions of the statutes OF the state |
and anything was attempted 10 be done |
under t.. any one harmed might seek the I
protection of the court
Mr. CorCoran asked for week or so /
so to amend his bill, and the court gave /
him until Monday night and set the case
iown for herring Tuesday morning az
1880 o'clock.