New-York tribune., 1908-06-24
SUBWAY HOPES KILLED
INJUNCTION CONTINUED.
No WorE on Fourth AUenue Con-
tracts This Summer.

1us+,e- blanchard in the Supreme Court, dashed
IN .he ground yesterday afternoon the hopes that
work would be begun this summer on the contracts
for the Fourth avenue subway. recently let py uie
Fuhlic Service Commission. After hearing alsu
,nent on the continuance Of the temporary lnJuiio
sson restraining the Board Of Estimate from ap
rroxtne the contracts, Justice Blanchard salo-
nnev as well tell you that I shall not be ane 10
- =, this o,,estton bv Friday next If decide
on .iisnnissing this injunction am sure ulat uAo
Roard of Estimate can find means OF geu'hs w
Se,her and disposing Of the question oeo4I0
modify the temporary injunction penoins my o
cision.' r.,s,-a,,
.,,,rsel for Borough President Coler that the m
,,,nctiou be so modified that the ooaFo couu %, =
before It adjourned for the summer on ilr"S
,usttoe reserved decision on the apphca'ioii % ~
.s,,h,vrasn Charles f. Murphy for peffnlssioh y
..-.,a q, l,ehalf of the Z. z. Smith ConlpanS'
-be successful bidders for two sections OF eie suO
way. ,...5 ,he an
CORPORATION Counsel Pendleton aoVoca'eu ". ap
r,ointroent of 2 referee 10 take tesulnoiS - " -,
-. So What the constitutional debt limit OF the
-. ag .,5 how near II had been reached dl piio
,-asen- time The question as 20 the oeo' - -,
of the CITY and its borrowing capacity an 60
6e+er-,ined in my Judgment conulueu r:4,. r0
,o-a-ton Counsel "by affdaTits mere, -. 80
,,- large series OF afidavits on the lacts' an an
%. ~, eac+s might not be properly brought ou1
- -bs-. are many conclusions OF tact as WEI @"
isw involved ,,s Of final de-
,r. pa,dlesnn said that TO srTive III q 44iA-
.r-,,,arion on this question it was heoeS' -,
-. +be exact facts TO the nature %
5,~erent bonds Issued. when they Were -
- +hev were issued. as revenue ponos' .
,.on5s and others were not included IN 'ho 80 -
a.b, so far as its borrowing capacity "@' wa
cerned- He added; ,-s,5ered
.erbe-e are other questions to be consloefeu
a, -ra ,,,astion of the city's contract lnoepp-
- ,5 there is the Indebtedness Tor conPenF
-, 20 he awarded for land acquired oy lile ~
o. .+ree. end other improvements Ihls caIl o4-'
-. s.,e--o,,ss.. he said 'by reference TO reIeIee
,,.<o,a whom, witnesses can be produced WHO ~
~, ,,,,ec- 10 c-oss-exarnnetion. and where oetaiis
= =. ,r,.,pht out and laid before the relefee'
,o ,an then give his opinion 10 the court as ~
what the facts are .
.~rhen the question will come up peIore soui
honor for final determination, he conIihuou'
.rt,o-, that discrimination appeal can be taken
-. r. An,ellate Division. and il important ques-
lions of law are involved that triourai can so -
:. ~. ourt Of Appeals, whose decision will set the
rI,As+io, at rest forever By this course we shall
srrfue at the best determination Of this question
a,s the most satisfactory and speedy one. This
pal deter1npinaion would be not only for the best
interests OF all the contracting parties the citys
,,on6hoders 10 whom IL would give security as
el as Of those who might desire invest in city
bonds
sIt has been said that some other body IS con-
sjderiug this cuestion-sone legislative commission
The arsvver to that is simply that the commits
s5on's findings are binding on nobody, but are
merely g. Recommendation 10 the Legislature No
matter how convincing the arguments Of the COM
mission may be. how high in standing its indi-
fnality OF a determination by the court OF Ap-
peals-