New-York tribune., 1868-06-27

Wood. who had been charged with hem; for II these
issues had not been examined by the Court this issue or
bribery and fraud, hand could have stopped the pub
lie press from still continuing TO make these charges
congratulate the Court and congratulate the c0unse
tho other side that neither the counsel from the
CouTt has come the slightest opposition TO the fullest IN
vestigaton OF charge corruption Every oppor
nifty has been allowed this city to investigate It. Their
witnesses have been produced-their witnesses have
failed to substanate the charges There is particle
Of evidence prove either that Mr. Fernando Wood paid
that any member OF the City Government received one
cept OF money for passing the resolution In question.
not disappointed at the result lam glad Of the re-
suit. am glad that my clients, tho Common Council
bear taint Of this kind and with the frankness
and the conviction OF duty which governed me ln
allowing my name ~ DO signed to the charge do now
Withdraw it,
Mr.. stoughton-I expected 1t.
Mr.. OGorman-There is no evidence whatever In this
Now il the Court please. fabacku upon some strong oo
seryatons of my learned friend IN this case to the ecc
that was friend Of Mr.. Wood. He does not surely
suppose that IL had an enmity toward that gentle
man. for which there Is reason and which does not
qne to have governed mo ia the discharge of my duties
No such thing existed and II 1t did exist II could not
affect my mind In this case. or In any other case
Mr.. stoughton-I never supposed 1t could That has
always been my Wow Of It,
Mr.. OGorman-Now, Sir eliminating these charges OF
bribery and corruption let us now descend into the qu
tons which arguabe in this case INTO the matters
OF fact they appear either admitted on the pcading
proved by the evidence in this Let us where
We stand What are the faetsl And upon this branch OF
the case my learned friend may expect me TO make as
good fight as / can In defense OF the CITY.
Mr.. OGorman then proceeded to argue the other q9es
tOns in this He called attention to the fact that
the rent had been raised at one spring from $500 TO
$4,000 No corresponding rise I'm values had been shown
Gunthor explained that he believed the term too long
and the rent eXorbtan; that this what he meant by
fraud In his letter OF Apnll Is He also explains lit
he subsequently consented to approve on the idea that
lie could thereby obtain tho widening Of Annst which
sented TO present evl in the hope OF great future
good In his opinion he committed wrong, an indis-
could make That was not certainly the proper
way The questions before the Court Wer first whether
committing n waste Of It's funds, and second whether
there facts sufficient TO warrant the conclusion mat
such waste Is Threatened Inc resolution was tTd r"eS
The expenditure contemplated in was for ten years
and no appropriation was made Tor IT, The Tax Levy OF
1865 g. forbade the expenditure OF money or the III
curing OF liability until appropriations were made aud
by tho charter appropriations must precede expenditure
IL was true that the superior court had decided tls
applied To departments only but Judge Barnard had de-
clded differently in the Pullman ease.
Judge CardUZa Informed him that this would be re-
veTscd on the pending appeal.
Mr. O'Gorman resumed, tho net OF 1884 declared INC
Common Council trustees aud inc clizehS oGSeuS qh
trust with power to Judge Sutherland nd declared
part but dcclaratOry OF the common law, ne, as
representative Of the citizens. might ask he COt 10 W.
,esTe TO PEgye5 tTo gSs rom to oS and
e length OF the to the face OF tho resolution
Tc defendant, Wood had not as tacquirod any nights
There was existing contract This resolution was
ratio TO make a contract Mr. Wood himself his let
Of April To- directed to the Controller recognizes that
cited the OF McCoar TO show that contract arose
on a mere resolution ny. Justice Cardozo said that
Common Pleas seemed to him more analogous
In tho former the terms OF tue contract
were not stated In the latter they settled aud ac
ccptcd, aud tho Court maintained 1t as contract. Mr
OGOrman said that IN that ease no real estate was IN
vovcd In tins there lad been no acceptance OF tho
resolution binding on Mr. Wood. ON the ist Oi May he
could have rpudatcd IL, and elected the CITY The
holding over had not the effect the defendant claimed
or course he did not claim that the CITY should not
pay for tho premises they occupied They ought pay
what the premises are worth They arc oNcrholdiug
tenants. liable tO ciectmcnt.
Mr. Justice CORDOBA ASKED. considering this case
between individuals when the landlord notice O an
OF would not the enant be liable for such
ucrcasct
Mr. OGorman said nc thought the landlord IN that cnse
must either accept the old eject Or get an actual
assent to the increase from the tenant.
Mr. Justice CardoZa called his attention 90 Court of
Appeals TO tho contrary IN the 18Th or l5h New
York
Mr. O'Gorrnan continued They lac had diagram oi
the premises. ana considerable testimony, Int no spcch-
cation OF them from winch Cenvcyauccr could draw
lease Tho city officials seemed 10 have had thclna-
tion TO take what rooms suited thcm aud the landlord TO
allow them 10 have what they pleased hs 10 tie coun-
tcrclain nc urged first that u not claim growing
out uf The transaction, and therefore could not bo
allowed I'm this suit but that ~ any rate 10 appropriation
was made TIL 1851 aud therefore. not til after the
answer was put h.. The had been ully aud fairly
tried nud he had 10 congratulate all concerned that no
taut OF bribery, fraud. corruption rcmutncd in t
Mr Williams asked leave TO mako further argument,
Court dcClCd 90 hear moro than counsel on
a side.