The New York herald., 1871-09-14

year 1871, anu IOr tne ayment OF 80 much OF Tue
principal OF said bonds and stocks as may become
due ana PAYABLE from taxation within said year,
and also so much as may be necessary to pay tne
and county OF New York IN said year, and appor..
toned the remainder thereof among and set apart
to the various departments and purposes OF the city
anu county Vi N'" 0fA w WihLHM Ill is NJ TWEED
1871. II. H. CLIFFORD. Notary Public.
ARGUMENT OF MR.. srRAHAS
Mr. SrRAHAN, associate counsel for the plaintiff
Foley here rose and said that the motion he rose to
present was to continue the injunction ALREADY
granted until final decree was given on It's merits'
He did not propose to 60 outside the papers IN TINS
suit. There was enough In them ne thoueht 10 war
rant the granting OF the relief asked. That reliel
was exceptional, bat the circumstances were ex-
cepional There were contradictory aflldavlts here'
but he thought that he should be able to show thae
every material matter stated in the complaint III INC
action was admitted by them The charge they
made against the parties here was mismanagement
and illegality. Their complaint charged that when
Mr.. Hall first occupied the honored post OF Mayor
the city debt was S34.746,o3S and the county debt
x15ss2 sOO The Comptroller, who best should
know The state OF the debt does not deny this. Mr..
Hall does not deny it. Mr.. Storrs, without giving
particulars, says that the temporary debt is not
counted In this; but this statement ia faa-
cious for at that day there must have
been In the treasury funds TO meet
this temporary debt. This therefore. must be ad-
mitted as true. Again, they charge that two and
half years later the debt OF the city was
S7O9l4 1OS 81, and that Of the county $35, 743 loo
together over one hundred and six millions The
Comptroller and Deputy Comptroller, who pest
should know, decline TO answer this statement; but
the Mayor who could not so well know the financial
condition. comes in with denials and explanations.
verified their figures. Thus the debt had increased
in two years and a half So, O2S, AZ. Ihey dld
not know how much was raised f IN 1859 1or 0s no re-
ordered by the Superyisors-S2l ,30s,536. The
amount Of 1870 was, by the UOmplroller's official
by the Comptroller or Deputy Comptroller, but by
the Mayor, who cannot know as well as they. The
raised by the Comptroller, are not contro.
verted by him or his deputy, though IN part
contradicted by the Mayor 900 These he % sums TO-;
during two years and half, which, added to the
addition to the debt and to me s2l0O0,0oo OF hoat
li This 1oatinG DEBT was not denied by either the
Mayor or Comptroller. Tne Deputy Comptroller
an evasion on o its lace Thus the average expendi
lures were over s5o,Ooo, 900 a year-over five and
They had in this Included, It was trde, the
revenue bonds 10 be returned by the colleGt
Ga of les S. gnSf ee ay sc
ton would take place. Having established tins
alarming state q things they next @ showed how u
were interested in certain corporations-the New
York Printing Company, Transcript ana Manufac-
turing Statloners' Company-wlth which they in
cured claims In 1859 and 1870 amounting TO some
seven millions OF dollars, with three millions OF
CLAIMS vet TO be settled
Mr. STRAHAS here quoted the law forbiddng any
official TO make any contract with any firm or cor
poration In which he is interested; or these Mr..
Tweed was understood not only to be head but TO
be the companies (Appause.l True, MIR. Tweed de.
MED he was now slockhoder, but ne admitted
and though 1t might be his name was removed from
the books 1t was significant and curious fact that
be G able 10 retain the Valuable MONOPOLY Of furnish.
ing stationery TO the Corporation. tApplause2
Judge BARNARD-lf that is repeated, gentlemen,
you will oil walk out In the rain.
Mr.. STRAHAN resumed-Mayor lal seemed some'
what doubtful as 70 the extent OF hls present con-
the fact that during portion Of the time ourlng
which the claims accrued they had such interests,
was reason enough for retaining this Injunction SO lar
as the claims for $300o0 900 from these sources were
concerned. Others followed Mr. Tweed's example.
In 1865 there was aulh9rlzeS for repairs to county
dure was sI27.2s5 10 for 1858, ,si,475.7oa 81 for
1852 The law forbade The spending OF more than
Div said that they had no hand in it. SOMEBODY
| must have had hand in IT, be could not accep
their mere bare statements that this was done with
out the cOnnivance OF some one Or more OF them. II
| was charged that the other twenty millions o
claims beyond the amounts auNAorlzed by law
been paid, and tnat this was admitted by the Comp
troller, VINO informed them. that some nameless
OF some nameless committee had signed ana ap-
proved these warrants, and that some counsel
could 1t be he counsel VINO now ynst cans t himself e
bills must be paid. So this eighteen millions In cx-
cess Of appropriations, without color OF law, was
paid They charged that these vouchers were lraudu
lent on their face In face OF this charge, 80 posi-.
lively, so directly made, but one answer could
sc Wee 9' the time
they were called for when they should be produced
they have disappeared IL was not M Tor % MIN & TO- dx
evIdentn some one felt necessity Tor their dlSap-
the responsibility for this disappearance but It was
MIR. strahan quoted the complaint showing that
Garvey's bills were fraudulent. That was allowed
to 60 pro confsSso. 1t was not denied. Coming
to the o he should PrCssef 70
and that in place Of improvement matters were
tending to the worse. The law OF 1870 provided
ordered by the Common Council or not, unless an
appropriation had been previously made. Yet the
proceed forthwith at the expense Of the city
on account Of the parties who were to be
assessed, and Mr.. Tweed raises this money and
VOWS he will continue to raise money on the
bonds OF the city, TO carry out the work ordered by
The p Sgh % & d
! that he intended to issue such bonds on his de
msnds;
Cent act. The Court would notice that the Board o
! Supervisors could not raise the money until TIE
Board OF Apportonment had acted Messrs. Hal
ana Tweed state that the Board OF AppOrtionmen
have met and appropriated moneys for the State tax
aud for the interest and matured debt falling due this
says they have not met for that purpose and in this
Mr. Connolly tells the truth. He says not only that
they have not provided for this accrulng deot, but
that IL would have been improper FOR them TO do so.
The authority pleaded 10y Mr.. Connolly for the issue
OF bonds for maturing debt Is contained In clause
inserted In the Consolidated Debt acts. And these
acts not repealed by the two acts In these acts
authority Is given to raise this amount by consoli
dated debt Stock but In the Two Per Cent act POSI-
tive command was inserted that out OF the taxes
suiicient should be set apart 10 pay these debts,
amounting 10 about nine million dollars.
Mr.. Strahan concluded, contending That he had
submitted statement OF facts which entitled HIM
TO ask from his Honor a permanent injunction IN
the case.
MR.. o'GoRMAS's ADDRESS.
Mr.. OGoRMAN then rose and, addressing the
Court said-May II please your Honor, appear on
behalf OF the Board OF supervisors OF this city, OF the
Commonalty, and also on behalf Of The Chief Execu.
tive Of this city and on behalf of the President OF the
Department OF Public Parks, TO show cause
why the Injunction granted by your Honor
on Thursday last should be discontinued and set
aside. In doing SO desire to be understood that
neither consider 1t my duty nor Is II my wish that
any proper investigation in this suit should be
evaded, or that any proper information due TO the
paintns IN this suit should De kept back II Is,
| your Honor, my duty TO aid IN the elucdatiOn OF