The New York herald., 1871-09-15
Another Field Day and Lts
Results.
Conclusion of MIR. o'Gorman's
Address.
Able Argument Of Judge Beach in Behalf
Of the Comptroller.

been troublesome had there not been present large
pumber Of the officers Of the Court.
COHCLusION OF MR.. O'GORMAN'S ARGUMENT.
The first business In order was the resumption Of
Mr. O'G0rman's address on behalf Of the defendants
He said:-
II the Court please on yesterday had the honor
OF presenting 10 the Court these poin sFrst, that
the plaintiR had no legal capacity TO sue, because
the section OF the act OF 1884, under which he claims
to have that capacity, was unconstitutional. next
presented TO the Court the proposition that to all
past transactions afecting the conduct OF the city
government before 1871 Inc remedy by injunction
was wholly inapplicaDle; that an injunction Is not
retroactive; that 1T looks 10 the future, and not to
the past I then took up
TEE PRESENT CONDUCT OF THE CITY GOVERNMENT
and examined the question as to whether 1t was re-
CURED oy % ine,iWo Per Cent Tax OH and any other
against the city and county government In the year
1871 should be pad out oisae ayals Of taxation IL
IS 10 the amount OF $9,oOo0oo, being the amount
OF bonds Of d., former years falling due due % N this
/. securities called ''ccnsols." And before i 60
misapprehension into which think my friends OF
the nmble pen IN their report Of what said yestsr;
day were led. BY "Iny trends oil the nimble penn
beg 1t 10 be understood that do not TO the PLAIN
tau IN this action or to ms pens. lLaughter) am
the necessity imposed upon men hoidIng the first
POSITIONS Of responsibility Ill great public lnstltu.
that they should be entirely guided by the
confidence they place in the assistants when only
sneh g sSeqs Ia my Sc meant nsa a. s aS
was that from mere necessity, from the pressure
and turmoil and multiplicity OF business they are often
obliged, III important occasions, to depend upon the
trust they naturally place IN their subordinates in
the inferior officers, who, from their POSITIONS may
90 expected to know more accurately and more
completely the subject In hand, and who may be
naturally supposed to be more specially responsible
FOR that knowledge. Passing from that l now pro-
coed to consider the ether questions forth In the
complaint; that, Is as to revenue bonds.
AS 10 ASSESSMENT BONDS
Anu as TO bonus issued for what NAV be called
''local improvements" however, refer to those
plaint. AS to revenue bonds there, 1t Is scarcely
necessary to say to Your Honor they are lssuable in
Da S are @ paa OF Sus % @
should never exceed the amount properly raised BY
S IN any n one year ss n e p1esen
"revenue bonds.'' as stated in the COMPLAINT, Is
$237os,!oo. Your Honor sees that the amount le-
gay to be raised Dy taxation Is 81, 0O so that
instead Of revenue bonds being ISSUED in excess Of
the legal and proper amount, they have not been
by the sum Of $500, 300 AS tar Us that matter Is
concerned submit 70 the Court that the civic gov.
yet exhausted its powers. AS to assessment ponds.
they are issued III advance of amounts not collected
who are supposed to be benefited by Internal i'm.
prOvements. For instance, when 1t Is ordered
paved ss ssWer sas Ss aa whe s
tue work Is going on 1t is obligatory by
Deiieve, OF tho cost is to De paid from time to time
20 n the contractor: NO assessment can be laid or
cOLleCtou untu Lne WORK IL entlreiy done. and
order to meet this present diiculty-a pressure Tor
funds--assessment bonds are ordinarily issued in
advance Of the amount whlch, when tie work Is
completed, viii be collected from the citizens who
s are
PROPERLY AssEssADLE FOR THE LOCAL IMPROVE
MENT
Az far as that Is concerned there cannot be sug-
gestion OF Improperly on the part OF the present
civic governments. Assessment DOuds are issued by
laws running back TO 1852. The necessity for them
s obvious the security Tor their repayment Is per-
lect; and II the real object OF this suit is to prevent
improper expenditure or the public funds l can
only gay that In TINS instance there Is no expendi
ture of public funds. These amounts are not liable
BY taxation against the people generally not from
what Is understood as ''taXatlOn,' but raised by
assessment upon the persons benefited, and paya-
70 the question as to whether It IS legal TO issue
ccnoS lor the ,ve Impa0veme9ds sPecie% In ioIS
s5,2s 7se In the aIldavs of Mr. stOrrs, which is in
Se Se Ms O1 the sse %
are issuable It should be remarked that In this law
ISL called the TWO ,S,s FER Gent Gen act which my
these bonds, are various letters recurring the issue
Of bonds for these purposes For instance, altera-
be issued for tnat by section 23O OF the Laws OF 1S
passed few days before the Two Per Cent act; as
~ the Croton Water Improvement, bonds are lssua-
bic for that under chapter $50, Laws OF 1870 and
chapter 2l3, Laws OF 1871, and chapter So Laws OF
AS TO IMPROVEMENT OF CITY PARKS |
ponds are d,rected 70 be issued for tnat purpose
provemens bonds directed to be issued Tor that
oy Chapter 697 Laws ol 1867 and chapter sos, Laws
VI 1907 Improvement OF uOckS-a most important
necessity, whicn, If properly carried out, win add
immensely to the importance and commercial ad-
vyancement and convenience OF the future city Of
New York-for that bonds are issuabe by chapter
l31 Laws OF 1870 amended by chapter 574 OF Laws Of
1871 passed one day before the date OF the passage Of
what Is called the Two Per Cent law. Is 1t possl-
bic that the Legislature could have changed Its
mind that in one day II directs bonds to be issued
bonds snail be issued for that purpose lt SAYS
not distinctly, not in terms, but by vague. misty Inn
plication, dismiss that question: For the fire tele
graph improvements BONDS are required to be
issued by chapter 46t, again the Laws OF 1871. l
slated to Your Honor yesterday tnat the Legislature
Of Great Britain never supposes that repeal, by
fmplication shall be effected by an act passed BY
one legislature, In one session, when tie act sought
TO be repealed by implicaron has been passed In
the same session; because 1t VIII never DO
assumed that any Legislature is so 1cklc so change
able, al TO say thing one instant ana leave 1t by
Implcation unsaid IN the next. Apply tnat rule In
cation here as anywhere else. II does not depend
on peculiar laws or customs OF one place, but on
10 legislative bodies Apply that rule % and that great
question IL settled. But we are not left to depend
Of Two Per Cent m s ao.
vision Is made for the issuing OF ponds meet GER
Tam expenses For tue completion of the New York
County Court House bonds are to be issued.
Mr.. BARRETT Sr.-l don't object to that
Mr. O'GoRMAN-You don't obiecs to IT. 1t is
there. Here Is another. Let me see II you object TO
It. By section "the Counsel to the CORPORATION OF
the city OF New YORK Is authorized and directed 10
VI the city ana county, against the county OF New
York. which may be presented TO him by leaving
Snc SAINT ~ ulS OuCc Witniu ten udyS dlter tue
passage OF this act' In that amount II 1t had been
certified by the Corporation Counsel bonds also
were issuablc under this very act OF 1871, which
my learned friend cortland opposes, and prevents
the issuing OF bonds or the raising OF funds by any
to meet the expenses OF the city, unless bv
the avas Of the two per cent taxation. There are
difficulties IN applying these statutes and u-
derstandng them than my learned friends, perhaps,
have considered. 1t Is somewhat dicult from these
statutes TO know what Is the duty or the civic ON
cials. Let me tell Your Honor wnat occurred within
any cOgni2ance only few days ago, aproD0s OF
of The clauses Of the county Court House. Mr. Cor
neil having supplied iron work for the County Court
Housc out OF his blll-a large bill, some ST. 400, ,000
belIcvc--l0und that q balance OF $4,000 renamed
unpaid. A mandamus was applied for before JUS
hce sutherland and the question whether 1t was
legally issuable against the Comptroller or against
tho commissioners OF the County Court House was
argued by myself aud counsel on the other side OF
great ability. The pbraseoogy Is this-"F0r the
completion Of the New York County Court House
the sum OF t750OO0 s hereby authorized TO be ap-
prOpriated, 10 be expended under the direction
and supervision Of the Commissioners appointed