, 1859-06-29

| that sum, besides tie $l'n,Gt"1 which tic COM
| pIa!nanto seek to enjoin.
But it is insisted or rather intimatcd that
as the previous amount Of money obtained
has hsen pnid Out for previous Indebtedness
| it is not borrowing Of money, within the
meaning Of the charter. If tbs Il SO. then tie
nitatlon is nothing but mere juu,tle Of words
without meaning, and all that is necessary to
eyatA ITS iurec is to run reckcssiy in debt one
year and borrow money to any amount to pay
1t the next. and 80 on from wear to year. To
call such position Il rorssrt,c1i:n is &C ab;;sv
e. tcr'hs. CONSTRUCTION, III law, is never ad-
misslblc when the language is plain and unam-
b'guous. To adopt any olher rule would leave
language to mean anything, according 10 the
whim or caprice Of the Judge, aud make con-
fusion worse confoundel.
The use Of the money after it is obtained Gill;
not change the fact obtaining money by loAn
i. 9 borrowing oil money. What prevented its
being applied to otl,er purposes? Nothing.
1t is set forth i" thc answer. that c;cry lscvi-
GUS administration t::s done the same Thing,
and ting: therefore this practice being kind ot
cotenpora1icous exposition uf the 1nsauing Of
the acs, tue Court J., tu adopt it.
1t Is certainly novel proposition that
the constant violation Ut charter en-
titles corporation to continue its yio:at:':.
and converts Il usurl:aticn oil power into i vest
cd right. The books are full Of eases where
charters lave been declared forfeited for viola
tions Oh the part Of the corporation, but hare
yet to sue d ease sustaining tie doctrine cou-
tended for in this case.
II forme- administrations hare violated tue
Charter alleged, il is high time that the qucs
tlon WIS settled and the Common Council were
dl>abused Of the idea that they, like the British
Parliament, are o1nu1potcn, and can involve the
city in debt Ut their pleasure, as.d in tic ttce
Of the plaincst provisions Of thu charter: that
gives them all rite vitality and 1owcr they
pcs>e:s.
Evtn If embarrassment aud loss Of credit are
the result of tls decision as Is predicted, il Is
better tia! iEc CITY should suffer tl1an that her
guardians should be- permitted to Disregard her
organic law. If it is true Us has been said that
with i tax-.ist from WHICH $780, to s1."!.t"+y
may annually tr rc?l:-ed the cl@ las III csclit
Inlay it not be attributed to the NAL adllinii-
tration of the city government in its involving
the city in debt rathvr than any deficit in her
organic law.
I k"e~ cf re rule q inv. that permits
corporation more than al individual 10
plead II Ion. continued and deliberate violation
ot laW al i detcusc, aud although 1t is sad,
that corporations huye no soul. ,l'.se who u,at-
aye their atfairs are srproeed tt hare, anu aS
.na'e- {. !.scs impress their own moral charac-
ter, IS shown by their acls, upon tue corpora
tion they represent. THIS is especially 81 with
that The Pccniaty credit Of Il eli. is IT. BE- p1u-
NOTED Dy the arowcd fact, that Iier officers are
systematically aud Fcrsi*tentlv violating her
charter, hare stnd'ed ti.r character tt that
suspicious, and sensitive gentleman wllo uses
tie muck rake, to very little purpose,
lu my Judgment no greater calamity con!d
lApptn toa c!;; tEun to have it understood that
its established practice aud policy ,':s 10 bur-
row n;oney in violation Of the provisions of its
charter. Neither cln subscribe tn tile Ass,lnlp-
tim that it j. necessarily misfortune 10 :. cor
1'oration that it is unabIe to borrow money. The
present position If numerous orsr-,axed, if mt
bankrupt counties; cities. ard t"wns in this AMI
other states, demonstrated that want Of ability
10 borrow lnnncv wnull llavr been great bics-
sing IT. them Instead of Il misfortune.
II was Insisted III the argument that unless
the yrw taken by the defendants was Sustained,
The city government Guild not br carried On.
Thr answer. 50 far IL the triv Ut the ennrt IS
concerned, is alrca.iy given. But i, may not be
improper, though nut necessary 10 the 4lecis-
ion of the question, before thu clur, to say that
'v the ID subdivision Vi the 1$t >rctiuu Of tue
9TH 4rticic Of the charter Il bombed or funded
debt is recognized aHi ruwcr given 10 levy 1T,
animal lax to meet tue acrrunS interest and tue
power tu nlaEc ill appropriation To pay Interest
IN tie public debt "t' the city Is expressly re-
>ervetl IL the common council, in all cases, bv
the 1'ti' section Of thu amenLatorY act If the
18th Frbraa'v, l~3., rs understand il; aud with
ont duubt the common council cuuid obtain all
rstcnsiun Of credit upon The evi>tins debt vi
the city, from time 10 time. in all eases where
the drbss hare been legally contracted. THIS
might he done bv giving new bonds in lien Of
the old ones, payable 1T future day, Or by max
Ing all appropriation to pay tile 'n'tres, during
the current year ut tlc option Of the holder.
II is <;liI that 1!c money obtained hy tr recent
hams paid tu |ilHid:tr ill tAistil!. Indebted
nc>~. and that practically, the same result Is
produced as it they ia4 given rcw bond; in lieu
n1 the uld nlcs-
The tf,n. il tin r,srtt J.. en,na