The New York herald., 1871-09-15

" hss was tho decision OF His Honor Judge Sut.,er
Or the caseS He dld issue .nat mansamSs.. .''Hn He
held that the fact fac that the account was audited
m Upon 1859 the s psn s cds9 House OeSS
hsy Ssay no rR RSa to s1aDc eaS S
and that they We're bound to provide Tor it and to
pay 1t. SAP, with all respect, thas / differ with
decision; and the iact tnat SO much doubt cxsis a
upon the amount OF responsibility which weighs
upon the diffcront city officials this case should
have SOME ehect when we come to think OF the
past and condemn men warmly SO vindlclively,
as has sometimes been done out OF this Court,
merely in obedience to laws when they ana not
make, and which they believed tney were simply
obeying. We are not makers OF the Jaw. Your
Honor and |. and all OF US are bound to administer
the laws as well as we can. | am not here to defend
any legislation which provides for extravagant ex.
passed by the Legislature OF thas State. But when
we come here wea to apply the laws, not TO make
h thei are pound not TO consider the motives Of
now TIN LEGISLATURE IS TO BE oBEYED;
government of New York Is not ~" vloas,ng the tas
present laws but obeymg them, I ask what possi-
nie claim Tor an Injunction, what possible standing
issuabe to the amount OF O,ooo, 600; and for Inc
oonss ssss'sa are n ssusSs SS g g eyons ns
5000. oe2, II - urged BY the other side, or may
he, .lon have not Issued lie bonds 10 tho amount
consols to the amount OF 81, 10000; ana tho
proceeds OF these consOs instead OF applying TO the
applied to improvements thai are actually gong on
IN the city OF New York, such az are specified in
i0iio "a" Mhat Is the lengtn and breadth OF that
charge? "There are two funds which you have, one
IN each pockets you apply the moneys OF one fund
to the purposes OF the other having under your
control all the time the means OF making repay
ment." II We have applied the So OoO 900 proceeds
OF the consols to the working OF
IMPROVEMENTS IN THE CITY OF NEW YORK.
n nn fhp Ian trnl Do
on the streets, on the various improvements that
are going on, TO help to give the city pure water to
appliances-f we have done that wo always
make repayments by the issue OF these bonds II the
issue ol these bonds is legal 0s hold it to be- But
let me call the attention or Your Honor ana the
learned counsel on the orher sde TO section one of
lively read ITS provisions2j Il shall be lawful Tor
the Comptroller OF the city OF New YORK, and ne
Is hereby authorized and empowered TO create a
pu0lic fund, to be denOmlnaled ''The Consolidated
Stock OF the City of New York." which we COM
moniy call consols, 'and all stock OF the city OF
New York hereafter issued In pursuance OF laws
already passed. Improvement bonds would be
Issued III compliance with the laws already passed,
that Is, sacn Of them as depend upon laws hereto
lore passed "Or which may be hereafter passed au-
tnorzing the ISSUE OF stock or bonds OF tho city Of
New York, shall, unless such laws which may be so
YorE.'' SO that all the stock witch ' is
consolidated Stock and out of that consolaated dated
stock The amount due and owing, or what may
accrue, due and owing to laoorcrs and others, may
be paid Just as we'll as by the issue Of stock TO the
amount OF S5,0oo,050, which Shall be specially en-
titled as for that purpose. But why did the Comp
cial agent apply these s5, oOo 6oo which he TOOK took
from the proceeds OF the cOnsOls to the payment OF
and under the head OF expenses for pubic improve
ments9 This Is the reason: the bonds issued IN
former years which were to be payable out OF the
proceeds OF these consois do not come due until De-
sols is in the city treasury. There is no demand
upon IL Ior the payment OF bonds until
demand om day to day upon The city reasnry ior
pu0lic improvements that are gong on. We 10 nos
want the money to pay OF bonds passed in former
but we O,want to pay Off the debts that
accrue rom day 70 day.. BY applying that money to
tnat purpose we saved the interest. There is one
advantage. Again, 1t is known to everybody con.
nected with finance that II you throw quantity Of
bonds LII what are called ''arge blocksn upon the
Market at the same time bonds OF different dc.
nominations. 1t may Cot De easy to dispose OF the
80 is was Thought pest to present only one class OF
glad OF IT. they took these bonds and they took them
at large premium.
MoNEY WAS SAVED IN THE WAY OF INTEREST
tiate them, and even II we came back to strict law
the proceeds OF these consos may be as well applied
70 y payment for present improvements, under Sec
specially named Improvement bonds What re.
mains mains OF the objecIons Is there any oojectitn
Which warrants the kind of attacks that seem
noatng In the air9 speak not "a to the
ment, None Your Honor suggested that you did
not wish 1t TO DC understood by TINS injunction
ing these laborers or paying any other employees
of the CITY, But Your Honor has effected that result
more bonds shall he issued. Ii no more bonus shall
be Issued for public improvements to replace the
amounts taken from tie proceeds of the coasOls
how is the money to be raised II ii be not legal to
issue bonds FOR public improvements let them not
be issued. But IT. as argue, IL Is perfectly legal,
perfectly obligatory, why, then, stop us from re.
placing the moneys which we have a rIgnt W get
money which we as matter Of expediency, en-
ployed from another funds Your Honor has 6y this
Injunction stopped the payment OF aborers, and
trust that 1t Will be regarded IN that light. Now,
my learned friends say ''But no Appropriation has
prlation has been made for this expense. II Youe
Honor Will look through the atldavit OF Mr.. COrsOn
these expenses. and 1t shows that the amounts ap-
propriated have been In many instances under tue
called for by the various departments and
officials who have these matters In hand. read from
page thirty.four OF the AFFIDAVIT OF Mr.. C0rson, set
ling forth the action OF the Board OF ApportiOnmen
found 1t there resolved ny the Board OF ApportiOn
nent that appropriations shall be made lor ad.
1itional CrOtOn water aqueduct stock: Tor CrotOn
ior again. New York Caart oase saocs
No. s, Department OF Parks Improvement bonds;
city parks, Improvement 1und stock; Museum Of
AT aud Natural History stock; city Improvement
stock, and 1or additional CrotOn water stock
These are the appropriations; the Board OF Appor-
priations. What means the argument that no an.
proprial0ns have been made IN these cases3 Again,
Ill LOOKING through tnlS complaint confess from
lime to time my vision mas been unable TO pierce the
og. IL Is log: Figures are involved; statements
are repeated 1t s one-nalf OF copy OF acts !hat
have been passed at different times; 1t Is mostly
'ecital OF errors that may have occurred IN times
gone by. 1t IS a lengthy document and that is all
hat can be said aboutit u Is a confused document
When say that do not mean Tor q moment to I'M
,ute to my learned friends the other side any defect
n power to have an able and distinct pleading, il
he case is capable OF having an able and distinct
)eading; but confused case always requires con.
used pleading, and this case Is confused. and the
Ike Il Ill m N hn
lrguel, because INV learned friends seem to he
uniting their ground from ime to time, and In such
way that feel like quoting this Old phrase, "QuO
'ntf'ts nnu0ntdn P,0ted tenedm nodO," In what
rip shall we hold this Proteus, oil the time changing
lis lace-can It be argued that there right to
10 work payable by assessment because there no
appropriation from It Why not soS Let me refer
Your Honor to the case OF Lewis, IN which
Judge ln9rahan made the decision. That was an
case. 1he assessment was attempted
o be vacated on the ground that for a local inn
)rovemenJ no appropriation had been made. Tue
Judge says'-"Another objection is, that no appro-
'riation was made Dy law before the contract was
made" Ihat law was the cnarter OF 1851; and the
Two Per Cent Tax bIil Of 1871 Is copy OF the law