New-York tribune., 1903-04-05
MAYOR ORDERED TO VETO.
Justice Nmean Issues Remarkable
Injunction.
TT RELATES TO THEATRE PORTICO

An Injunction, granted by Justice Marean. OF
Brooklyn. which actually prevents Mayor Low
using discretionary power and makes the Mayor
in one case about the same as a clerk of the
Supreme Court was served on Mayor Low yes
terday By it the Mayor is enjoined from ap-
proving the ordinance twice passed by the Board
of Aldermen allowing Klaw & Erlanger to ex-
tend a portico four feet beyond the building line
of the new Amsterdam Theatre, now building
at Forty-second-st.. near Second-ave. Besides
restraining the Mayor from signing the ordi-
nance if also restrains him from allowing it to
become a law without attaching his signature
tn II Unless the Injunction is set aside the
A1svor will have to veto the ordinance or stand
in contempt of court, and this whether his best
Judgment dictates the signing of the ordinance
or not.
Henry Yonge, of Brooklyn, attorney for John
Walsh. who obtained the injunction, says that
Walsh, who is adjoining property owner Is
going 70 continue the fight and if the Mayor is
allowed to sign the resolution in favor OF lhe
theatrical firm he will get out an injunction re-
straining the Superintendent Of Buildings from
granting the necessary permit for the proposed
portico This he says, like the otner' VIII pe
carried to the court of last resort
Mavor Low yesterday gave a public hearing
or7 the ordinance passed at the last meeting OF
the Board of Aldermen providing for the issu-
ing of permits for ornamental projections on the
new theatre.
John c. Clarke, the Assistant Corporation
Counsel assigned 10 the Mayors Office was
asked about the ordinance yesterday
oh it is practically an effort to compel the
Mayor to veto the bill" replied Mr.. Clarke
IT'S pretty state of affairs if the courts can
step in and tell a Mayor what he must ana
what he must not do in the exercise of his dls-
cretionary powers.
Henry Yonge representing property owners
in West Forty -second-st., and William n Frler
spoke in opposition the proposed ordllldIice
before the Mayor, on the ground that IL was
contrary to public policy and wrong IN prln-
cfpIe Henry B. Herts architect, sald ne hao
come specially from Rome to talk to the Mayor
regarding the ordinance. He character1zed the
conditions under which artistic builders laoofed
S ntolerable- -.
Navor Low referred to how his hands were
tied by the Injunction Of Justice Marean ne
referred to the Injunction as something really
uncalled for as. being Mayor OF the city: ne
was ex officiO a magistrate and fulIy Qud4li1eu
to pass on any question affecting the interests
of the city The Mayor indicated that ne
favored the proposed ordinance As MS hanus
were tied he would take action until aIter
Tuesday, when the restraining oioer - t ietulti
able The Mayor intimated that some changes
might consistently be made in the ordnance
and that before final action BY him ne Woulu
have the Aldermen amend 1t.
The Mayor said that he had referred the IN
iunction TO the CORPORATION Counsel who would
nroba blv move for its vacation. He added that
If it turned out that the city had no say IN the
matter it would be easy TO overcome any legal
difficulties by going to the legislature ana nav
ing a law PASSED. The Mayor asserted that he
favored a law that would permit ornamental
projections on buildings that would add TO the
beauty of the city within certain limitations.