The morning journal-courier., 1908-09-17
Judge Gager Denies Motion to Dissolve Temporary lnjunc- tion Against Widening
 of Chapel Street.
FOLEY EXCEEDED POWER
Important Decision Handed Down De- lining Powers of Director of Pub. lie Works and Permanent
 Paving Board.


 cisons which has been handed down in the superior court this year was that of Judge Gsger yesterday after noon in the civil side of that court in which he upheld the objection or Henry l.. HotohKiss against the direc- tor of public works setting back the curb lines in Chapel street SO as to widen the street and denied the mo ton made by the city to dissolve the temporary injunction which MT Hotchkiss obtained on September to prevent the city's workers from con tinuing the work. The injunction was Issued on the claim that the director of public works did not have the pow CT to order the street widened and the curb set back without & vote from the board of aldermen, and that the pay ing commission did not have 1t in It's power to direct the widening of any street Some time ago tho permanent paving commission decided to pave Chapel street, between Olive and East streets, and when he saw what was street should be widened four feet in doing the work. The city workmen were directed to do this work and the task was started from each end. MT. Hotchkss Is trustee for the estate at the corner of Chapel and Brewery streets, and when he say what was being done he protested against 1t un- less done under vote of the board of aldermen and after a hearing on ben cfits and damages had been held. The work had been started. and in front of many residences on one side of the street the work has already been done. Last week Mir. Hotchklss applied for temporary injunction to stop the city from continuing the work. and this was issued. The city. through Corpo- ration Counsel Rogers. at once moved for a dissolution of the injunofion. and this was heard in court Monday. The decision. however, was reserved and handed down yesterday at which time ; the petition to dissolve was denied and the injunction therefore becomes permanent unless appeal should be taken to the supreme court, which is considered very unlikely.
 The decision takes on importance from the fact that 1t is the first one that has been handed down here which defines in outright terms the powers of the director of public works and the powers of the perman- ent paving commission. The judge finds that the director has no power to alter highways at his own motion or at any ones suggestion, but that his duties are distinctly executive and not administrative. and that his work must be done subject to the orders of the court of common council. He has the care and management of highways. gitters and walks. not the ! power to lay out. alter. enlarge or dis continue them The changing of the width of the sidewaks, the decision says, Is of too great importance to property owners to be left to the will of an administrative officer.
 The decision further states that tho act creating the permanent paving commission did not confer upon it the power of altering highways. The power. 1t states, resides In and can only be exercised by the board of al- dermen.
 While this prevents the city from continuing the work begun until or dered by the board of aldermen fl also Is thought by prominent lawyers to leave the city liable for claims for damages where it has already done the work The attorneys were Henry TowDshend for the petitioner, Mir Hotchkiss, and Corporation Counsel Rogers for the city,
 The complete text of the decision is as follows
 Text of the Decision.
 Hotchkiss, Trustee vs City of New
 Haven, ct sl
 New Haven County, Superior Court
 September 16. 1908
 MEMORANDUM ON MOTION TC
 DISSOLVE PRELIMINARY
 INJUNCTION.
 The permanent pavement commls. sion on June is. t9os. voted to pavt Chapel street from the railroad bridge over the cut to East street with gran itoid concrete. block pavement, laid or a concrete foundation six inches 1T
 
 thickness In connection with this volt the city engineer prepared 8 map GOV ering that portion of East Chape street between Olive and East street' from which 1t appeared that, except II front of Wooster Square, the distance between cllrbs varied from thirty anc three-tenths feet to about thirty-tT' feet, the average width being approx imately thirty-one feet. The existing curb lines were very nearly regula upon the southerly side of the street but irregular upon the northerly side Upon the map prepared by the city en gineer two lines were drawn, as pro posed curb lines increasing the widtl of the street to a uniform width 0 thirty-four feet between curbs. Tlli proposed line upon the southerly sid of the street everywhere cuts substan tially into the present sidewalk ant renders necessary the destruction of al or nearly all of the trees. The propose, curb line upon the northerly side 0 the street also cuts back of the pres ent curb line, and into the sidewall and renders the destruction of man. trees necessary. On tho block betweel East street and Wallace street, ant also between Academy street and Oily street, the proposed line extends bacl of the present curb line substantial t-------.---------------