The New York herald., 1871-09-08
.son 4 N . y. ssscoo.oeo to which l have referred.

present
have raised over s3o.ooo Ooothatis by anticipating
the public revenue derived from taxation, they nave
raised IN cash over $3ooo0o while In ms public
what remains OF ~. That DESPITE of the
cannot legally exceed 5000 l,O0O-they show
by their own reports that during tho
FIRST months OF the present year they have raised
additional 10 that sum over four nhons which
they Could not legally raise These facts deriv Cd
from ns M rep9 M ,Ss Of Se me
menis OF the city, which makes the whole matter
simple matter Of confession on The part OF the delen
dants. In addition 10 the facts tnat nave related
and which are more fully and clearly forth In Ihe
bill OF complaints we will also show that he defen.
without the slightest reference TO the prov.s OF
the Two per Cent act to make Improvements ana TO
expenl money for which there Is no authority or
law whatever, and for which Comptroller Connolly
Ia nis icport aimiIs tnat no appropriations have
necn made or I'M m'eded 70 be made ahey are spsc
tiona alterations 10 the LroiOn .Aqueduct, OIL ao-
count OF Croton Water fund additiofai supply OF
CrOton Water, Tor city park improvements. Tor
Central Park improvements, for docks, ior fire
iecgrapns, on account Of Assossnlent fund.
on account OF street improvement mud on account
OF work on Boulevard ana roads anu avenues under
tue dnecti0n ol the Department 0f i'ublc Works.
The these worKs amounts to over Ave millions
OF dollars anu that five millions 4 without reference
10 anything they properly mad control of. Bu! more
extraordinary still, IN tiomptroner Connoiy's own
last nc states MS intention 70 issue bonds OF
the city for the payment ol these s5OOo.0o0 and
the plaintiff believes, has done since the date Of
the amount referred TO- OF fve luililoDs Is for
portion OF the ordinary expenses Of the city IN
certain departments ana for certain Of Its purposes;
and these expenses according to law can only be
raised py virtue OF the Two Per Cent ac SO that they
IN fact have repudiated altogether the provisions or
the Two per Cent act lar as tue public deDt ID con-
cerned. lDcy Take, IN fact. the whole sum to be
raised by tax.ton or tho PURPOSES Of the o,ty gov
ernnient irrespective OF the law ana In nat violation
OF the iaw and go Cn TO spend III the snort course
Of 1nr SIX monns over Ave mlions Of doars-a sum
tons OF Tho Two per Cent act without VOCATION OF
Inc law and issue bonds for that sum, leaving
$2o,0o0,6oO to be raised by taxation and other
sources, and for other purposes and other depart-
nicnts OF the government, although the law says
OF the city % government ne bill Il further states
that no regard IS paid by those officials OF the city
s q sa sS
millions OF bonds and It Ia nenaed TO provide Tor
the alleged expenses Of the Department. OF Public
for the departments OIL Docks and Parks that such
issue OF bonds for he purpose Of raising money ID
so1 e nsl Of Of ne county o. s
al variance VIVID tho provsIo,s; .! the statutes
WAT RHttkg DO WE Ne" Ask =, ~, lsg
held 10 oDseTTaice Of the provisions OF the law
or tler Swn creation I'VE ask that they be en-
iniEed, restrained and prevented from aDproprlat-
Ing the pubic mOness by the issue Oi any further
bonds, Tie prOceeds or when are to lie use for the
ordinary cnrrent expenses Of the governments We
asa that they DC enOned aud restrained In apply.
ing any portion Of the moneys to be raised by tax
alton ior any other purposes taan those spec,ncay
se be- to SI sts aG the aso o
be raised by taxation for the current year as pro-
vided, namely, to wit:-Tnat they apoortion so
much to the paying Of the quota OF the State tax to
apportlo1 so much a. Is necessary 10 pay the prn.
cipal ana interest OF the pubic debt falling due;
tue ordinary paposes OF the city and county gov.
ernnient ana that they expend no more money and
appropriate the remainder OF ,he money. there
may be after the payment OF tue quota OF the cty
In nm faI fiuQ with h0
year TO the proper carrying on OF the governments.
We ask and demand that The law he enforced. We
nave SHOWN that the law has been violated by these
defendants In n most riagrant manner We have
SHOWN this unmlsakeably by tneir Owu opcn con-
be reDuked and the law vindicated. One word AS 70
the status OF the plaintifls and defendants IN the
Mayor ana Commonaity OF the CITY ana County OF
New York. These officials are declared by the law
trustees Of tho properly. tae funds, assets and
tivelv. Each taxpayer Is declared to be cestI, que
TSI be i so s say via
gard to inc properly, assets and etecs oi the citi
zens at large TO all the rights ana remedies pro-
vldcd by law. egT.slt Aply AIT r0gi ~
cse ~ such trustee. aud ia regard to such pro.
pdby law OF any co.rs.cc or "a trus. 10 pros cuts
and e ss .sTen' n & e sn 1I s
hereby made ssejss to al duties and Inn
es may DO enforced by any oorusee or esis trust
nave one word more to say with regard TO this
act-lnat IL has been expressly ana In direct terms
reaiiirmed aud re-enacted IN the Dresent charter
not aJrogated, but remaining Ia full torcc aud
effect rais former act relerrel TO was the tax levy
OF 1864, and this act stands today not only as the
act OF 1864, but OF 1870 and 1871. And we, there
lore Yuur Honor further ask TO restrain rom bur-
denng the people OF this city with tho waste of the
Under THIS act, and which we claim are being wasted.
destroyed and irlltered away by thein. And we
nave IN TINS oecI Vs we ,o ao o ws ~
not catn 10 have II under the decision or the Court
of Appeals in 1854 We ask another tbing-tbat no
which no S proper w appropratons nave been made
and for the payment OF which there is not proper
cpa and interest," S est Il Inc public debt And W. we
iartier, tnat certain OF inc aeIeadsnts, VINO aIs
Interested parties IN violation OF the law they benS
members OF certain corporations and Associations
wno nave contracts with and claims against the
Guy and In defiance OF = speciac provIsloa Of the
certain OF the cnief. oflicers OF both Tue
Say mmacf cover Se a1ss o osss
have formed themselves Into associations for the
blna tons large sums yearly from the treasury. OF
these associations M The MIST prominent arc OK knSwn
siasioners' Company. The cf,ciais q as city and
county principally Interested A. % these ga associations
President Of the Board or supervisors OF the county
and assistant 10, tho Street Commsstoner Of the
CITY and now Commissioner OF ruU1Ic Works OF
said city and a. the plainti Is informed ana bc.
lieyes. the defendant Richard, b. Connolly. Comp
OaKey Hall, MayorsOf said city. The New York
Transcript ASSOCIATION publishes 2 small daily
newspaper known as the New iork Daay 1'a,.:s
which IS about five h,indrei copies. The DC. (
Jendants iiall ana Connolly, IN tho full knowledge
teresied In the publication and business 0f the SAID
newspaper. lntoly, ny certificate 10 wriung flied
pnci journal Of tic saiti ctS and county, in-whci
the law requires shall pc published all matters re-
Qured to be published the city Charter 81 well
local Which may be required BY law 0f ordinance
10 be pu uklis,ed in Que Oh inoro newspapers In the
sad s!sy aud eQaQly selg asleqaG|s hpys also
CITY by tic New York Lender Association, and
known as he New York Leader, as one OF the weekly
newspapers IN which all such matter and adyertise.
meats must I've puellshe,. In ths latter newspaper
the Mayor himself and other OF the city and county