The morning journal-courier., 1908-09-17

the same as on the southerly side of the street. and on the other blocks less, and in front of Wooster Square not at all.
 There is no vote or record of any kind establishing the proposed curb lines. They are shown only on the map re- ferred 10 and never adopted as an of- fcial map.
 The effect of the change shown upon this map Is to take approximately three feet, varying somewhat according to location, from the present sidewalks and turn 1t Into the traveled way.
 On August 2Sth, 1908, the commission on permanent pavements, at a meeting announced to have been called "Prim- arily for the purpose of discussing tho widening of East Chapel street voted, that 1t is the sense of the paving com- mission that the curb line from the cut 10 East street in Chapel street be strengthened 90 that the width of the street between the curbs shall be not less than 34 feet" Thereafter the di- rector of public works, acting upon the suggestion embodied in this vote, be- gan 10 cut down trees, tear up the side walk and set back the curb to the lines indicated upon the city engineers map; and it is the continuation of this work in front of the plaintiffs proper ty, where the encroachment upon the sidewalk would be about one and one- half feet, that the city has been entoin- ed from prosecuting by this Injunction
 The Injunction is sought to be upheld on the theory that the change in curh ized, therefore Illegal. and an en- croachment of the plaintiffs rights and preventable by injunction the most specific claim being that neither the paving commission nor the director of public works has any authority in the premises, but that all such authority Is vested exclusively in the board oi aldermen; and 1t is not pretended thai the board has taken any action upor the matter
 The question raised Is of considera- be practical importance. Can the di. rector of public works, whether upor the suggestion of the paving commits sion, or its order, or the suggestion o' any one else, or of his own motion change curb lines as he deems 1t ex pedient without the order of the board of aldermen? If he cannot Is he all thorized because his action is based or the sense" of the paving commission
 It is to be observed that the paving commission in it's vote with reference to widening the street did not II terms purport to change the width but rather to say that 1t was tht "sense' of the board that 1t ought t' be widened. This is rather informa language to use if 1t is expected t have any binding effect. Probably 1 should be taken as meaning what l appears to, to wit; that the pavint commission thought that the stree ought to be thirty-four feet wide be tween curbs, as quite likely it ough to have been in view of the evidence presented.
 It is claimed that the paving com mission had the power 10 make tht ct ange and that this vote does 1t. [ Is Doubtful if the vote itself is sc framed as to do 1t, but if we adni fer moment that it Is, 1t does no appear anywhere that the paving com mission has the power, without no,'c' or hearing, or indeed with notice an, bearing, substantially to change cu' lnes; that Is, determine how much O the highway shall be use for team! and how much for foot passengers The power of the commission is I'm jted to determining "upon what street or portions of streets permanent pave ments shall be laid;" and this only af ter public hearing. And the vote 0 June 16 is silent as to curb lines Ant width of the street and there 'or, must be held to apply to the street a tt then existed. In section of the ac the commission Is authorized to dc 'all things necessary to the prope construction of the same" While lh