New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-04-19
No Merit in Suit o, =.
dence of Fraud, S,,
Justice Manning
Cropsey Injunctio,
Will Be Vac.,..
City officials, Absolv.d
Charges, Prepare ia
Push Project

Justice Manning, Of the S..
Court, IN Brooklyn yesterdav A., -
the action brought BY the so,i ~. :. ,
the Prevention Of Municipal w..
restrain members Of the Board :, +,
innate from executing the y,, 7
contract with the New York C.
There is no merit in the ol,,.' /.
suit, and. what ia more ,h...
wac any Justification for its ,,...
law or in morals the cour, 81.
Justice Manning also annou,,', .
he would vacatc the tempOr,rv ', !.
ton granted by Justice CroU,,, ~
the trial began. He absOlyed Il. !.
officials from any suggestion !. /.
faith or corruption relative "a -. :
posed agree nent.
During the course Of the ,,;,,a
was not offered or produced -
SIlghtest scintil.a Of eyiden,. !.
could by any stretch Of ,bs ~
,tlo.n,' he said, BE construed =. .. 9.
fishing fraud, bad faith or CO.. y.
against any ore Of the ci,v 80
wlose names were dragged int a. :.
No Violation of Law
The case is absolutelv A,....
any tact or Circumstance tsnS.,
connect these officials with s,.
tion Of law or of their swOr, 4 4.
DH'' on the contrary, the ma, !, Il
ABUNDANT that during all thsss y.
tlat,ons they at all times f,i,.t
performed their duty and in svs, va !.
stfeguarded the interests ~
municipality"
Mayor Mitchell and other msr...
the Board Of Estimate were ~,
but not surprised at the A. ~
W hen told, the Mayor said,
u have never held any Soph, =,
the honesty Of the officials o.,
or the constitutionali:y Of n, !
which empowered the Board 81 3,
mate to contract with the as,
The decision is just what We I.s
Tor as soon as the matter eosi
brought before an unbiased con-
competent jur.sdiction.'
Justice Manning's decision ,u,,
70 clear the way Tor final aetIs'
the proposed agreement by The b,
OF Estimate. The Mayor declared 4,
ever, that its members would pr,,
slowly. He pointed out that n, {,
poratiOn Counsel still had 70 eou,,
the draft of the new agreement, i,s
porating the recent concessions =,
by the railroad company, all Of VI
were set forth i'm the statement .
TO Governor Whitman By the Por /,
Terminal Committee several weeks .
The committee would then report b
to the Board cf Estimate. which ",
take up the matter for final sr.
Whether further public hearing, ".
be held on the contract, the Mayo, 8
would have TO De decided al tia. !,
by the Board of Estimate. |. MAJ
two or three months before final g.
u taken.
Calls Decision Victop
Corporation Counsel Hardy lsg,t
called the decision a sweeping yies
for the city, which should hiR
salutary effect upon those who D.
attempted to block the solution I'D
most important problem"
Justice Manning, in his istfa
pointed out that before the ssE,i
act of 1911 was passed by the IL
lature the railway company Was II
intrcnched in its lands and In tss 4
joyment of its franchise righn s
all efforts on the part Of the city 2
IL dge the railroad were unsueeesi-
at was the object. therefore, q /,
act Of 1917 he said, TO end :
struggle, and a most elabOnn .
comprehensive scheme was ts1s
whereby the whole subject Of he 8
ferences regarding the matter z 2
pute were planned 70 be adjustsd .
what appears 10 be a just fan 8
equitable basis"
At no time, he said, was Their :
attempt to conceal from the en-.
the true situation "coneernins :
most vital and stLpendous meas
The court said there had been 10
offered 10 support the charge lhH
property and funds Of the eiY :,
threatened with waste II the ply.
agreement was carried out ~
clared the Grabbing act cons''is.e-y.
adding :hat Is provisions were ~
force.
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