The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1914-10-23

t!r& ~ -------,--- t.tt ~ s..s-}.5
Completely vindcattng the iactien OF
the Administrative .Eoard In ii wardlns
the en- ~! h-discussed smooth. payins: con
tract to the Cehtrals Construction and
Supply Company OF H6rrisburg Pm.
Judge crump iof the Law. and Equity
Court, yesterday entered a. decree dis.
solving the. temporary Injunction
awarded c., Ridgeway Moore on Octo-
Der Q. which restrained the board from
executing the con ntrace.iS., s.. s
The action Of the court was ex
pected. City authorities who had fol.
lowed the paving controversy through,
Its various stages were unanimously y
agreed that the. proceedings. Instituted
through Mr.. Moore by the United
States Asphalt Refining Company. OF
New York, were doomed to end. In
failure. 1t was pointed out by com pc
entqlegal authorities that the board
had acted entirely In accord with the
powers ested in 1t by the charter
Judge Crump;s opinion yesterday up
held the soundness of, this View etS,;
INJUNCTION EMPIRES; 49,. :, b
TUESDAY AT. NOON
Following an opinion In. which he
reviewed the several points raised by
the complainant, deciding all fof Sthem
without exception in favor Of the de-
tShonH'oi ouuSe ISTuIUp ueCreeQe. tnat
the temporary Injunction granted on
October shall expire and stand dis.
solved, on and after IL clock noon
next Tuesday. The Judge noted tina
the complainant hastintimated that he
may apply for relief to "a Hjud Sc Of the
State Supreme Court. ofsAppeals, and
directed the clerk, In that event; ttc
deliver to him the origipalfpapersy filed
In the case, as we'll as copies OF al
orders that have been entered r.
T. It is regarded as extremely iii1prob-
able that an appeal to- the State gu
preme Court. Will be taken. The
thorough manner In which Judge
Crump set aside the chief contentious
of&the complainant; well as his high
bne to discourage continuance OF
the proceedings. Beyond an Indefinite
jntimation that the case would be ap.
pealed. made by one 8 Of the counsel
yesterday. no step in this direction has
as yet been taken.
Admitting the right of Mr.. Moore
as II citizen and taxpayer. to ask for
all injunction to prevent the abuse OF
administrative power, Judge Crump. In
his opinion, proceeds to an ipvestiga-
tion, OF the charge that an abuse OF
pow er has taken place. ks
DISCUSSES CHARGE OF
,t ABUSE or AUTHORITY
The interests OF the Central Construc.
tion and Supply Company and the At
lantic, Bitulithic- Company, MS the riva
bidders Immediately concerned. the
Judge holds. are not properly before
him. " :.
The question arising. upon the mo,
tion before the court.p he holds. ''is
not whether the contract should have
been letto the one company or,.to the
other company, either on the evidence
before the defendant members OF the
board or on the evidence now before
the court. but t;he question, is whether
che defendant board failed to exercise
Its authority as public, officials In tn
interests. of the taxpayers OF the city
81. such IA manner as to- show a palpa.
lNe abuse Of their authotity.n., - b, 81,
g Judge crump quotes from the cha r.
ter provision Investing the board with
yaut hority TO reject any and nil siblds
and. in Its distretion,s TO award a con.
tract to tho highest bidder or. to lei
such contract ito n party mot lpartici.
lSpatingi In the bidding competition, y
lsss The general result of, the iauthori:
tics. Judge Cr,mp holds. us thai, ar
l3p3uncti6n should not issue y al agatnsi
,adniniatratiye offloers 1 ! as = to 3 act,
Epla aeed by law. within their, "a iscretlon
unless fraud OF corrnptton The shown
c6hYlnued { on Nfghth, sPage.)