New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-08-17
NO SUBWAY INJUNCTION
Court Says Thus Far Action of
Officials Has Been Lawful.
MAYOR ISSUES STATEMENT
Explains Question, an Easy One,
He Says, and Predicts Few
Men Will Understand It.

The fear that the work on the LeXing-
ton avenue subway might be halted by an
injunction was disposed of yesterday. when
Justice Ford denied the motion OF the Ad-
miral Realty Company as a taxpayer for
an injunction restraining the Public Ser
vice Commission. the Board of Estimate
and the Bradley Construction Company from
going on with the work.
The petitioning company argued that the
proposed plan OF the Brooklyn Rapid
Transit Company for the operation of the
lines and the contracts with the Bradley
company for constructing some OF the sec
lions of the new subway were illegal, be-
cause they were approved by the Board
Of Estimate without the vote of the Mayor,
whose vote. it was said. was necessary TO
give force TO the cOntract. The petitioner
said also that IT would be unconstitutional
for the city TO issue bonds for the. subway.
1t was further argued in the case of tho
contract for the construction that II was
Illegal because certain changes had been
made in the contract between the time or
advertising for bids and the awarding OF
the contract. II was alleged that these
made a difference of 100000 in favor OF
the contractor.
The Justice said that on the argument Of
tic motion last week he was inclined to
the view that the changes in the specihca-
lions OF the construction contracts between
their advertisement and actual award
might call for the Intervention OF the court.
But on reading the briefs. said the court
10 had been brought TO contrary belief.
Tie court SAID no effort was made in the
no
capacitv Of any public official connected
with the letting OF the contract and moth
ing Was introduced 10 show that public
officials were not acting I'm good faith.
As to the proposed plan for operation. the
Justice said the plan with its prospective
guarantee Of net earnings could be held
10 threaten irreparable damage TO tax
mayer only on the assumption that the pub
lic authorities intended to disregard the
plain intent Of the statute. but the acts OF
the officials thus far having been lawful, 1t
WAS premature TO consider what might be
done when the plan Of operation came up
Tor final action.
The Admiral Realty Company will now
take the case To the Appellate Division OF
the Supreme Court.
Mayor Gaynor offered another subway
statement Yesterday. in which he sum-
married most of the action concerning both
the present and prospective tubes, and de-
clared the question was an easy one TO
understand.
The proper way TO set an understanding
f the subway uestion. said the Mayor, is
Ia take map of the city. draw two
straight lines through the length of Man
haitian, and three spreading prongs through
The Bronx and Brooklyn. That was the
complete transit scheme of the old Board
Of Rapid Transit he explained. and no
other system which did not begin that way
could he the right solution.
His whole statement was largely a repe-
tition of his arguments for the Inter
borough, and he included in his Inter
borough views a modest - per cent of al
the people in the city
Il have a notion" said the Mayor that
II vote were taken i'm the city YOU would
find seventy-fve per cent in favor of build
ing these lines Ohe extensions proposed by
the PETERBOROUGH, but you know how noisy
a minority can he sometimes, especially
when led by noisy newspaper or two"
His own attitude. the Mayor said. was
that he wanted 10 get all the private
capital possible TO "eke out the city's lack
OF funds" so that the greatest possible
mileage Of new subways could he built al
once lie reiterated his previous con-
formations OF the proposed Brooklyn