The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-08-17
THE new COURT HOUSE.
Bill for Iron Work and Legal
Squabble Over It's Payment.
Three Mandamases TO Compel Payment SOuslt
for in the Supreme Court.
Argument Before Judge Su4h-
~ erland.

Judge Susnerion0 OF the supreme O0ur6, had his
iron constitution put to pretty test yester.
DAY IN listening 70 the argument, which lasted all
day, and then was not completed, Of iron -tongued
lawyers upon the subject Of the Messrs. Cornels bill
or Iron work, ppt into the new Court House. The
amount claimed Is $34 72b 4s-haf OF the last bill pre-
scented. After patiently waiting two years. and
living In hopes and promises OF payment, Mr. J. B.
Cornell. the surviving partner Of the original 1rm
had to take recourse to the law to get
his money. With this view application was recently
made rather three separate motions, for peremp-
tory mandamuses against, first, the Court House
Commissioners, directing them to pay the bill;
second. against the Commissioners, directing them
to make a requishon on The Comptroller for the
amount; and third against the Comptroller directly,
nstrnctng him to settle the Indebtedness. There
was considerable preliminary sparring as to the
order IN which the motions should be taken up 1t
was finally determined TO hear first the
COURT HOUSE COMMISSIONERS SIDE OF THE STORY.
Mr. Mcneil, the legal representative Of the Com
missioners, went at the subject IN nedtas res. He
led on with reading two afidavits respectively OF
Commissioners Conan and Ingersoll. Mr.. Conan
sets forth that Mr.. Cornell presented his bill
70 them to audit and thai the same had never been
approved or audited py them. He then gives 1t as
his opinion. on information and belief that the bill
is grossly extravagant both to the amount OF the
prices charged, and further ayers that 1t Is very
important that the bill should be presented to them
to audit before being paid. Mr. Ingerson limits
himself mainly to the statement that the $500, 900
paid to the Commissioners by the Comptroller out
OF $4,000 directed BY the last Legislature to be used
toward the completion OF the Court House had all
been expended. and thus conveying the idea that
as they had no money in hand 1t was useless to at
te mpt to get any money out Of them. There was no
but, meagre as the affdavits were, they furnished
material for lengthy arg ument by Mr.. Moneli IN
the bill in question When be had nnished, Mr.
Robinson-in which ne was occasionally assisted by
THE CUDGELs FOR Mr.. CORNELL.
method. he told now the Hessrs. Cornell came to
ma y es
act that the Si duly vered with the ce s
Of the Superintendent Of the Court House as to its
N the Board Of Supervisors in July, 1859;
mat the same was approved BY the Mayor;
BY the County Auditor and found to be correct; that
on December o 1858, the Comptroller PAID half the
S sn 20 a scs e s e. so %
then recited the various appropriations that had
been made towards the erection Of the Court House.
Commissioner have in their hands or under their
control funds applicable to the construction or COM
and that If it could be shown that the original
pratidns OF 1870 and 1871 were applicable TO the pay
=, ment OF the DIl: He Insisted Sd,. finally that
the Commissioner have enough of the special Court
House appropriations IN their hands to pay the
81 ne S 70 issue = to
sno aS ss IN ~ aanss 20 Das
pei MIN y aa' re S2S g.aso n.
to s issa and . me me
COMPTROLLER 70 pay on rsoslng sucn Iequ ~ n,E
even If 1t IS claimed that the appropriations have
al been exhausted, unless 1t appears 10 the salts
exhausted, aud that unless relief can pe given in
one Of the modes suggested the reator is entirely
loss Of q just debt. In the course Of The argument
Mr.. Robinson animadverted severely upon the man
down to the regime Of the present Commissioners.
He urged tnat no joobery could be charged upon
his client and that he was only seeking the honest
payment OF an honest debt.
WHAT THE COMPTROLLER SAYS.
pearcS for the compsToer he snpmisea two
afdavts OF the Comptroller In the first the Comp
troler sets forth that ne has no funds legally appl
cable to the payment OF the claim; that all the
moneys authorized BY the Legislature to be raised
from time to time for the purpose OF the new Court
statues made thereon and that no payments have
been made by him on account of the new Court
House only In accordance with law or as
second alidavit that the last Legislature
authorized him to issue stock OF the value OF
has not Issued this stock and that all previous ap
preparations had been expended. Mr. OGorman
said he was not there to defeat Just claim He
account, the Comptroller had funds to pay the
bill In questions that such mandamus would be
simply attempting legal impossibIlity. He pointed
out other ways OF getting the money, anu defended
the Comptroller from any design Of accomplishing
by the city reputation OF Its just DEBTS
At half-past three O'Clock the Court adjourned till
this morning, when the ar gulnent Will De resumed.