The New York herald., 1871-10-22
Argument Upon the Application for
It's Modification.
The Court Explains What He Meant to
Do and Still Means 10 Do.
A Raid OH Municipal Extrava-
gancc and Sinecures.

Inc supreme court, CnamDers. There was large
crowd In attendance, Its component parts present.
Ing the same motley variety Of politicians ONCE
holders and ioungers about the Court House as on
rhe lawyers-the same as have been employe all
he way through-were promptly on hand. Mr.. Bart
lett commenced with
THE OPENING ARGUMENT.
M. BARrLErT-Your Honor, In the case OF Foley
vs. tho Supervisors and Others am here on behalf
Of The Department Of Public Works IN support OF an
for modification OF the Injunction here
ioforc granted by You IN this action. The modinca-
ton we ask for Is one which was ordered by Your
Honor on the Injunction as it stands. but by some
act OF omission was left out, not BY Inc, for was
not then counsel for the department.. 1t is
. modification In the precise words well
selected by Your Honor, as applied to the other
deDartmcnts which are excepted from the effects Of
the Injunction; II is merely that the Department OF
Pubic Works may do that which II IS required by
law to do:' that the funds may be provided for it
which are authorized and required by law to be
provided l conceive that to be modification
eminentiy ft for the Court to make OF its own
mouon: we nave. however, prepared some very
rest
Judge BARNAeD-There Is no necessity. They are
served on the other side, and have read them.
Ar. LAWRENCE, who opposed the appcatlon then
read the following aldavlt as q reply TO the a6davlt
oPPosiSa AFFIDAVIT
s"s S r Z. ,sa hsns
until s;0 DeR:I 2.s
ls%., WIN J. he HsSsasss iseIaa:
S "s had ss
81 sna q n. U H.
estimates which carried out; that the
ssass s he .9 Of s M
%ss nea Ses @
ought sss I1s not
ss
Der IS hat the natural lakes IN he Saey oc,o o1
=: ss, crsSn sou.b River TssI5sa a
permanent storage reservoirs quite available
volume prevent sudden great and that
Th IN unable 70 ay III,
continued the present time than has been
opinion here present that portion Of oi
ss % I. e of 6 the a. Of
ah r...a . G from M to
has Of year. pas. The defect. in
Ss The waer @ Ts.sred S 70 In n, the said aa,
wsnsol esaaecons xsn se necessity any
Which for .s1 .as
sOd neccssy Which there no
and that no more DANCER or inconvenience Tue
a: winter than has been experienced for
with ~ epas
ss asasdsei ss;xssa Nlnssyhlrd ard is!a VIII
he city or to renovs any danger arising from that cAu,e
by the embankmen which the aaue luct s CARED;
That the prosecut this work Is likely to make
the work than increase II and not In called for
sarng tins iproyemest was passed in oppossisn to he
' - '''''' '''N''' 4. W. CRAVEN.
THE ABOVE AFFIDAVIT AS A TEST
Mr. LAwRENcE-It seems 10 me that the applica-
ZION, II granted. Is virtually dissolution of the
junction: and IL the injunction which Your Honor
alter very careful argument before YOU month so
ago and ter The mature consideration yon gave the
subject 10 be cut away pecemeal he might as well
make one job OF and dissolve The Injunction entire
70 IN Mr. 1racy's affidavit as conierring authority
the Department OF Pubic Works for doing the work
me mentioned it @ 10 .r the adayit was , passed before
Df 80 mucn discussion. take the position that IN
Your ionor,s opinion the acts referred TO by Mr..
Tracy have been repealed by the Two Per Cent act,
OF IL not there can be limitation TO The depart
ment 10 carry on any schemes or eXpend any
amount OF money they may deem III. Tracy's ami
davit refers TO four kinds OF werKs. FIRST, the
storage reservoir on the west bank or the CrOton
river. Ine authority for raising money for the res
srvoir, he says, IS contained IN the act passed on
the 27th OF February, 1871 and amended
an expeniture Of million dollars aDa aIepate submit
unless some controlling necessity exists for that
vast sum OF money nj this particular Tune on this
particular work Your Honor ought not 10 grant the
application. Now, We have the affidavit OF one OF
he most competent engineers IN this city country,
who shows that as TO that particular KIND OF work,
in hts opinion as an engineer ana according to the
custom and practice Of the Croton Aqueduct De- |
me prosecution Of that work alter the
cold weather sets IN. Therefore it seems |
% % me tnsre can ne no no @ controlling necessity
shc money 10 be spent, even assuming that IL Is
legally IN the power OF the Department 10 call on
the Comptroller that IL may be expended. Now,
understood that your Honor intervened In this
case for tue reason that you supposed from the facts
squandered, and that, Sitting as Court OF Equity,
you deemed 1t your duty TO intervene, until some
legislative remedy was provided. Therefore, your
Honor will not undo what you have done without a
grea. controlling necessity, which does not exist
as TO this first kind OF works.
JUDGE BARsARD EXPLAINS THE INJUNCTION ORDER.
Judge BARsAED-1 cannot tell what the necessity
may be until ! come 10 examine the TWO am
1avits and the law, but as you were not present
when made the order, and may not have under
stood s effect. though 1t was very fully reported In
fhe papers Will simply state the object ol the in
junction was, IN the first instance, TO
SAVE THE PEOPLES MONEY
and 10 prevent the public Treasury from being
robDe1 in the present or The future by directing at
ieItion 10 the necessity for change In the Board OF
Apportionrnent Ds the accession Of some gentleman
m whom the pubic have confidence, which, ia NY /
0pin.oo- has been accomplished. IL was "
sTOF sIS2CUEE SALARIES,
70 the amount Of probably two ml!iIon dollarS a
year. 70 men VINO never came near the Court |
House except when th.y can around every month
70 receife Their salaries and 70 stop pay yInent on
bogus la5znents snd Tor advertising aud printing
bils cSaiyacfed 10 the ano1nt Of several hundred \
Court House unll tue Community was sstisaed Il !
would uc done with economy aod honesty ard |
70, 70 preven' ,, 19nd, from a., Icing ls.aed WIN,
cause hard-sorkIng laborers and mea depending
on tnelr salaries 10 be put Gu, u employ Lnent IN
consequence or any irregu ar1ty committed By pub
lie ofcers- Whether tins mobilization prayed for IL
necessary or not am not ale 10 answer at present.
II pubic necessity does not demand a continuation
OF the works. II the works may be completed a.
well or better some other time. shan not give the
modification; but II II be shown that 70 refuse 1t
would prevent the necessary completion OF water
works for pubic supply prevent the Board Of
Health from carrying out sanitary precautions, or
prevent the Gas Board from procuring The light
which is the best remedy, as we know, against tue
CHIMES COMMITTED IN DARKnEss,
I shall modify II 10 that extent but not for the
sake Of keeping gang Of men employed without
necessity. But II ] be satisfied there is necessity
shall give them permission as long as 1 am sats-
ned tney are doing their duty to the public.
Nh LAWRENCE CONTINUES The ARGUMENT
Mr. LAwHEScE-No necessity exists now more
than for the last ten years with regard TO these
water mains or the removal OF the old aqueduct;
the latter win not increase tue supply, but diminish