New-York tribune., 1908-06-13
METZ GETS INJUNCTION
Board of Estimate Restrained from
TOting on SubzcaY Contracts.

Believing IT to be his only chance Of preventing
the Board Of Estimate and ApPortionrnent from
annroving contracts for S2S5n. 600 for the Fourth
avenue subway Controller Metz had an injunction
ee-,.ed on the hoard yesterday. tying its hands
ter3porariIy This is said he the first time that
member of the board had injunction
served it
The injunction. which was granted by Justice Err
LANCER in the supreme Court. is returnable IN Part
/ SpecaI Term June IS.
NorlfnaIIv the applicant for the injunction was
jefferson NJ Levy. but the application was based
on afidavits made by Controller Metz and Frank
Smith Of the Finance Department. Counsel in the
case is Robert F. Wagner. who is law partner of
jeremiah Mahonev. an auditor in the Finance De-
psrrment. Mr.. Wagner introduced the bill for a
scent fare to Coney Island in the Assembly this
year
The old Council Chamber in the City Hall was
crowded with those interested the Fourth avenue
subway when the Board of Estimate was called TO
order Controller Metz served the injunction the
NIavor Wner the latter announced that the board
had been restrained from taking action on the
Fourth avenue contracts President Coler Of Brook
Ivn fared up once.
4 want to know who Is counsel in this case,
he asked s7Irmisirg the source Of the action.
4 thought as much.' he cried when told that the
counsel Mr.. Wagner. That man is a partner
of Mr. NIahoney. in the Controllers office
The Controller does not deny that he has some
thing with this matter" said the Controller.
with lust a touch of triumph in his voice
7 wanted 10 get you to acknowledge it said
President Coler This is the first time in the his
tory Of the city Of New York;
It's high time! It's high time shouted the
Controller.
After the meeting Controller Metz made the fol-
lowing formal statement In explsnst ton Of the
course he had taken
The Injunction was granted on my affidavit that
the debt margin of the city was less than 81, 400
GOO. Under the circumstances approval of a
contract So $50 600 would be Illegal regardless
of 9th a n "
any bonds issued therefor would he void and
Illegal
President Coier started the typawriters in his
office at work and in a short time issued a state
ment to make perfectly clear that the Injunction
came from Controller Metz. He referred to the
fact that Controller Metz recently had an iniunc-
ton obtained prevent him a : Borough President
from letting contracts for relief sewers in Brook
Iyn. The matter Viii be tried out In court and
the Controller will be beaten there" he added
and the Fourth avenue subway will go through
despite his opposition
Controller Metz presented TO the board yesterday Y
an opinion of Corporation Counsel PendIetou in
which the latter said he sure that the
S2G0G1 which the Public Service Commission
wanted authority spend contracts could be
divorced from the entire amount that these
tracts would cost far consideration of the
debt limit went. In a report made by the Con-
troIler he said he thought ii would he better 10
wait for the passage Of the constitutional amend
nent taking subway bonds Of the debt limit
before going ahead with any subway work.
Chairman Wilcox of the Public Service Commis
sion said that body had done all it could to hasten
the construction of the subway. The transit com
binatons, he said. would be pleased at the delay.