New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-07-30
COURT WON'T HOLD UP
WORK ON NEW SUBWAYS
But Justice GiegeriCh Grants an
Order to Show Cause, Re-
turnabIe August 3.
COUNSEL IN CASE SILENT
Presumed, However, MARSHALL S
Grounds Are Based on
Profit Rights Waived by
Bradley Firm.

As has been expected. an attempt to
hold mp the actual beginning of the
work of digging a new subway system
was made yesterday Louis Marshall
of the law firm Of Guggenheimer. Inter
myer & Marshall. appeared in the cham
Der Of Justice Giegerich yesterday morn
ing and asked for a temporary injunc-
ton restraining the Board of Estimate,
the Public Service Commission and the
Bradley Contracting Company from
starting the work. as had been planned
for ] Z o'clock tomorrow morning at 9th
street
Justice Giegerich asked TO see the pa
pers upon which the application was
based. There were none there, and the
lawyer was told to go and get them.
About O'Clock yesterday afternoon
Mr.. Marshall returned with stack Of
papers foot thick, more or less. He
renewed his application, The justice
looked over the papers and said he
would not grant a temporary Injunction
bat would issue an order to show cause
why such an injunction should not he
Issued withoU. q stay. The order was
made returndble on Thursday, August ).
As the digging is 20 begin tomorrow
this was not satisfactory TO MIR.
Marshall. but he accepted the order with
leave 10 apply 10 another justice for
the temporary injunction that would
hold up the work tomorrow morning.
When seen later Mr. Marshall said he
did not intend to seek such an injunc-
ticn later in the evening. 1t was said
last night that Mr. Marshall had gone
70 Saranac Lake to stay over Sunday.
The courts cannot issue an Injunction
on Sunday. so the work will 90 on unless
some one prevails upon a justice of the
Supreme Court to issue a temporary in
junction tomorrow morning before II
o'clock.
Mr.. Marshall refused to tell newspa-
per men what We're the grounds on
which he had asked for the injunction.
I: is presumed that they have some
bearing upon the waiver that was signed
10y tie Bradley Contracting Company
waving their rights TO prospective
profits because Of the decrease in the
size of the bore Of the Lexington avenue
subway. which is 10 be made after the
signing Of the contracts.
In the papers it was stated that the
clients Of Mr.. Marshall We're the Admiral
Realty Company, Maurice Deutsch, Sue
johnson and Ralph Wolf. The latter is
member of the firm Of Hays. Hersh-
field & Wolf who tried last week to get
copies Of the waivers from the Public
Service Commission. They sent clerk
To the Offices of the commission. who
SAID he represented Philadelphia paper
The waivers were not given 10 him.
Later he came back with a card Of the
law firm. said they represented the paper
and demanded 10 see the waivers
Travis II. Whitney, secretary Of the
commission. standing on the law, would
not allow the waivers 10 he seen until
the request was accompanied by a rea-
son for the inspection.
Ralph Wolf has been counsel in sew
eraI suits which have tied mp the prog
ress Of laying out the work for the Lex
ington avenue subway. There is no evi-
dence that the Interborough Rapid
Transit Company is back of this suit,
but il is believed by some that the per
sons interested in that company have in
stieated il.
Every arrangement has been made for
digging the first spadeful Of earth from
the Lexington avenue subway to-mOr-
row II has been decided that this
spadeful shall he dug from the ground at
Lexington avenue and 9th street The
Bradley Contracting Company which
has the contract for the four sections TO
he started at once, is ready 10 begin
work on all four with "A large force Of
men. but the ceremonies will be held at
tho section which includes 9th street
The Bradley company sent a big load
az yellow pine such as is used for shor-
inC purposes. to 9th street yesterday
afternoon, and it began to look like bust
ness.
AS planned. the first spadeful-and it |
will be a silver spadeful-will be taken |
out of the ground by Chairman Wilcox |
Of the Public Service Commission. He |
will then make a speech, and will be |
followed by Controller Prendergast and |
Borough President McAneny.
When the officials leave the scene for |
a luncheon 10 celebrate the occasion a |
large gang of excavators will begin TO |
rip up the pavement.
The section in which work will begin |
is No. s. extending from ODD TO 9th |
street. The other sections on which !
work will be started at once by the Brad
ley Contractins Company are No. g, from
26th to 10th street, Section 10, 18th TO 3
Goth street. and Section II. from $50 to
106th street.