Private Fire-Alarm Systems.
Justice Pound, in the Supreme court, New York county, has refused to issue a temporary injunction in the case of James Foy vs. the City of New York, Fire Commissioner Hayes and the Manhattan Fire-Alarm company. Foy asked for an order to “enjoin and restrain the defendants from using, interfering with or having access to any part of the fire-alarm telegraph system of the City of New York,” and asked for a preliminary injunction until the action could be tried. Foy’s counsel had been allowed an extension of time till August 25, in order that the plaintiff might show that the fire commissioners, in permitting auxiliary alarms to be connected to street boxes, had acted illegally. In denying the application for a temporary injunction, as Judge Pound diil without waiting for his brief, he declined to interfere with the operation of the auxiliary system by granting a preliminary injunction, leaving the questions to be litigated on the trial of the action. The same question was raised in September, 1895,and the opinion of Francis M. Scott, who was c irporation counsel at that time, was to the effect that, in recognising the possibilities of the auxiliary fire-alarm system, the fire commissioners had acted quite within their powers, as they considered the system of decided value to the public. In his opinion the corporation counsel said “The fire telegraph system, owned by the city and operated by the commissioners of the fire department, is in the control of the fire department, to be used under the direction and sanction of the commissioners in any manner that may facilitate the object for which it has been provided.”