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

would cover such incidsntuls as re- setting the curbing, straightening 1t where it had become ci'o vded out of the original line and minor details. the widening of the tra.oiied DOT Ion of street 10 the extent of three feet is 1 think. as matter uf fact, moce than an Incident to the laying of pave mcnt in Q. highway. Ii Is substantial alteration. and not a mere re-allgr- ment of the curb as claimed hy the city. A travelled track thlrty-four feet wide Is quite different from travelled track thirty 10 thirty one feet in width. The testimony In this case shows the extent of the differ ence. and that such widening will make greatly improved, and. fer practical use. a substantially different street. the difference being due solely 10 the increased width.
 Neither can I find that the director of public works has power to al CT highways of his own motion or at anyhody's mere suggestion. Section II of thu city charter prescrlbee his hhlFrs UfN dif fhffuilNf dn'l nDi administrative, and his work Is to be Gtne subject to the orders of tile court of common council. He has the "care and management" of highways, gut ters and walks, not the power to lay out alter. enlarge or discontinue them.
 By section S2 of the charter the court of common council may order tho owner 10 straigh.e1 or repair sidewalks. curhs, gutters. etc, Tn the manner and within the tlrne specified in such order" By section s5 an ap- peal may be taken from such an order.
 Again in ssectlon i32 the court of common council Is given sole and ex- elusive authority and control over all streets and highways. and the power to alter highways; and the court oi common council is authorized and em- powered to 'alter . '"' streets. high ways, sewers. gutters. drains, bridges and walks" Also by section 187 (d) the common council has power among other things, 10 'alter. improve. make and repair streets. walks and gutters' These duties. now, by charter amend. ment. exercised by the board of alder. men, have not been conferred upon tho paving commission. The power o that commission is strictly limited tc permanent pavement. And apparently by usage and also by inference iron the language of the act. permanent pavement means the pavement between l the curbs.
 The changing of the width of side walks is of too great public importanc. and of too great importance to proper ty owners, to be left to the will of ar administrative officer, however grea his discretion. Such an act Is clearl, an alteration of a walk
 Sections "A, S2 and 132 clearly show that this power Is now exclusivel, vested In the board of aldermen, Th' only power and duty of the board 0 public works in this matter is to exc cute the orders of the board of alder men.
 conclude then that the acts propos ed to be done, and against which tn | injunction runs, constitute an altera ton in the highway; that the act ere ating the paving commission does no confer upon this commission the powe of altering highways; that the direc tor of public works has no such orig lnal authority; and that the powe resides in and can only be exercised b, the board of aldermen. AS this boar has taken no action in the premises the proposed setting back of the cur l lines Is unauthorized, ana is an en croachment upon the rights of tn ] plaintiff which should be prevented b. l injunction
 It should be borne in mind that tn question of the desirabillty of the al terations was not before the court an cannot be passed upon by the court but only the question of whether tn doing of the acts complained or wa authorized In the manner prescribe by the charter
 The motion 10 dissolve the temporar injunction Is denied
 Other parties, similarly situated t the plaintiff, appeared at the hearing the city agreed not to prosecute tn work like that enioned pending the de cison of this motion. It would avoi much needless trouble if the cit should agree with obJectng propert owners not to prosecute this work un ti the, final disposition of this case or until the city has taken legal actlo in the premises Should the city al an time take the legally necessary steps | widen the street the injunction can b dissolved or modified accordingly.
 GAGER, Judge.
 Certified to the Superior court with and for New Haven county.