The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-04-05
Is TIA COURT ORDER TO VETO?
MAYOR PRESENTED WITH A SUR
PRISE IN INJUNCTIONS.
He Must Not Sign the Ornamentsl.Front
Ordinance and He Must Not Allow
II to Become valid without His sigma
ture-Has Ono Days Margin Yet.


II TO Become valid without His sigma
ture-IIas Ono Days Margin Yet.
Mayor Low was served yesterday with
an Injunction, issued by Supreme Court
Justice Marean sitting In Brooklyn, which
purported to restrain him temporarily from
approving. or Withholding his approval OF,
the ordinance passed by the Aldermen
permitting the construction OF ornamental
projections In the case OF new buildings
four feet beyond the building line. II
the Mayor approves the ordinance, 1t be-
comes valid. II he withholds his approval
and does not disapprove 1t becomes valid
within ten days after publication in
the City Record The ten-day period will
expire on Tuesday, and unless the injunction
is vacated by that day the Mayor will APP
parently be put in the peculiar position OF
being ordered by a Judge Of the Supreme
Court TO veto an ordinance which the Charter
empowers him to exercise his discretion on.
The Injunction was returnable on Tues
day. The Corporation Counsel went TO
Justice Marean and informed him that the
last day in which the Mayor has discretion
as to the bill is Tuesday. Thereupon
Justice Marcan changed the day Of return
to Monday in Part Ii. in this county.
The Injunction was obtained by John
Walsh, a taxpayer of 243 East Fifty third
street. The ordinance passed by the
Aldermen was the outcome Of the attempt
of Klaw a Erlanger to put ornamental
pillars two feet over the building line
in front OF their New Amsterdam Theatre.
now being erected in Forty-second street.
Work on the building was stopped some
weeks ago by the city authorities, and 1t
was really to remove the restriction placed
upon the theatre that the ordinance was
. introduced.
Klaw Il Erlanger have contended that
the complaints against them were made
because they refused TO buy property
adjoining the new theatre on the west
and owned by former Park Commissioner
Mcmillan. At a hearing held yesterday
! on the ordinance by Mayor Low they
! intimated that the injunction served on the
Mayor was instigated by Mr.. Mcmillan.
Henry Yonge, q lawyer who apps ared
for Mr.. Walsh and for some property owners
in the neighborhood Of the new theatre,
objected to the ordinance on the ground
that it was contrary to public policy and
wrong In principle. He urged that under
, the proposed measure a builder might
extend por leo four feet over the building
| line to the entire height OF the buidlng
and could use the extension for private
purposes despite the fact that the intent
| Of the ordinance was supposed to apply
| only to ornamental project ions. William
j. Frier of the Board Of Underwriters and
! Superintendent OF Buildings William Calder
of Brooklyn also condemned the provisions
Of the ordinance.
! Henry B. Herts, who appeared in support
Of the measure, produced letters from
Daniel c. French, j. Q. A. Ward, Augustus
ST. Gaudens and Prof. Pitcher Of Vassal
College which went to show that the ordi
nance would tend to beautify the city by
permitting an ornamentation OF building
now impracticable.
Mr.. Horts also said that Bruce Price
George B. Post, McKim, Mead d White anc
Carrere 4 Hastings, all well-known archi
tects, favored the enactment OF the ordi
nance.
Mayor Low would make no comment OF
the Injunction. but John c. Clark. his lega
adviser, said:
1T has come to pretty pass II the COURT
can be made use Of to interfere with thu
Mayors discretionary powers with regart
to municipal legislation
Mr.. Yonge said that II the injunction
was vacated the case would be appealed.