The New York herald., 1871-09-15

OF the argument upon which the payment OF th0a
Counsel called attention to section :, Laws 0
1870 page a5I. which set forth that all liabilities
vIous to the passage OF that act should b
audited by the Mayor, COMPTROLLER and Presiden
due should he provided for by bonds. &C. Tha
Board OF Audit was specially created Tor the pur
OUTSTANDING LIABILITIES
Inc complaint showed that those liabilities were
outstanding. The wcrk had been done: me ap
We're presented 10 the Legislature OF the state 0l
New York. The Legislature created the Board and
autnorlZed The gentlemen composing II TO pay exist.
ing liabilities. The bills presented to the Board
andth auditors authenticated them claims against
and In pursuance OF the Legislative mandate they
were paid. Twas contendcd on the other side THAT
ec o e ee %sS
| lhe old regime having died out, and they could
not be legal liabilities. But In constituting and
applying statute, 1t was necessary TO look at the
| condition OF the subject matter ana the clrcum-
stances surrounding the legislation II was sing9-
ing these Claims existed " ana NV" were ''i% pre-
sented 10 the Legislature notwithstanding
purpose had been exhausted and applied as the
complaint shows, vet that the Legislature should
pass ass act creating board for Of pay
Now, the answer TO that was that the act OF the
Legislature was legislative recognition Of those
claims. '.
ACCORDING TO THE ACT ITSELF
the duty OF the Board In reference 10 those claims
Counsel then cited cases showing that
Ia the allowance OF claims the action OF
this Go ana could be- only s By the
organized modes OF procedure. (Brunson-Super-
ylsors OF Onondaga vs.. Brlggs) II was contended
that the vouchers were not produced. Why should
they be produced9 II was charged that tho claims
were audited and paid. so they were, ana the facts
justified the defendants in making the payment.
What more could be demandedY Was the relation
OF parties to be reversedY Whose duty was IL to
onus to prove? Was It to- be tolerated
could be brought Into Court upon charges and when
he met them with prompt and sufficient eXpana.
ton, wtla fnll statement OF his legal Right IN )us
hcation OF mis- act--could he be compelled to pour
upon the Court all the vouchers and documents Of
his Office, and was 1t
A GROUND OF IMpurArIoN
certainly NOT. All he had to DO Was to answer tho
came before . Jury, tuen the vouchers ana
evidence IN support OF that denial would be
popular clamor. rage hate or Indignation. or how. @
ever much officials were threatened. Counsel,
aiter stating ing that M tue defendants would comply with
Is another view In regard to these claims, and 1t
should -, be considered ana here cSnsdered who
the Mayor of TINS, clty-an able, an ey-
geris,ncea ana a1 expert lawyer somewnat al:
by any means wanting in self-assertlon.
lie approved them, undcr THIS law, under these do
early professional eiucation had taught him.
Standing in one sense as the professional adviser al
well as the superior head OF that Board he audited
approved aud certified them. Aud who was the
friend, wam NJ iweed one OF the most Sa. sagacious.
this city with incisveness and decision OF character
remarkable-One OF those men whose large sagacty
connects them with the thriving enterprises oi tho
day,
PRACTICAL MIND AND DOMINANT SPIRIT;
nay, more, SIR q generous and noble.hearted cit.
zen. a man who to-day practses tiiat philanthropy
republic, and which connects Itself and its lndl-
ydual prosperity with the public enterprises Of the
anu activity OF Mr.. Tweed are exhibited but every.
where that enterprise demands asslstance-wher.
ever his great executive ability and magnanimity
can be made applicable advantageously to himself
and the :, world over-tnere the activities Of
porous application. 1t may be as well
stated here as elsewhere however he may DO denied
demned. that he Is one Of your nobest fellow cit.
zens, and the tme will come, predict, that be Will
emerge from
THE cLAMoR AND ABUSE
and detraction which at this time calumniate hts
fame. These were the men with whom my anable
and courteous client was associated, ana ne IS Sc
lccted to-day as the special victim OF DEATH whlle
Others would stand stlll In their nigh Official posi-
tion. Aud why. sirP Where is the man that, even
II wrong was DONE could nave resisted tae over
pOwerng influences OF these two sagacl0us and
commanding mlnds-One an accomplished and ex-
perienced lawyer, the other proud, unninchlng
and defiant officer, both advising and both concur
ring IN the act Now, sir, am not blind to the TACT
i
popular feeling Is Interested IN the charac-
ter and payment OF these CLAIMS and while know
that his TWO associates Concufred and approx ell
them, know sacrifice Is demanded. He il the
ALTAR OF POPULAR VENGEANCE
as q peace ollering And repeat, sir, why And
tell all those associated In this demand tna guilty
or innocent, this lrlumvirate must stand or iail
together. Ii one IL condemned, then comes the
DEPLORABLE AND DEEP DAMNArION
OF all; and II one Is vndicated It snail be the
acquittal OF all Sir, they are united upon these
papers. l nceu not offer any other vndlcatiOn Tor
my client than the answer In the anday OF Mayor
Hail. Upon this record he has spread complete
and joint vindication, and he has done it
well, truthlully and nobly And In regard
hose asMe Xog my cnt occes he
office OF Comptroller and Is the custodian OF the
public treasury IS ne any more Responsible than !ne
shows that whatever bond has been issued or stock
created 1t was done by the unanimous action OF the
my client the benefit OF this association. claim
this protection, the acknowed ,ed high charac.
Of MS saSSe lawyer sam and 0 supsaor
olcial Tor my client, who Is bounded by calumnles
sss TIE Mayor Clothed in the nigh robes Of his s mags
teral position, and clothed more brightly in
TIE ROBES OF HIS INTELLECTUAL Aceu REMENrs,
upon other portions Of the complaint, COM
the revenue raised from the imposition Of
the two per cent tax upon the real ana per-
resource open by wGicn the immense transac.
tons oil the city were to be conducted, and argued
that the statutes properly construed showed that
other legislative provisions l0r appropriations had
been made Tor special purposes III order TO prevent
an
ACCUMULATION OF THE CITY DEBT.
The rest OF the SECTIONS down TO the seventeenth
required no answer. That section assaed
the Board Of AppOrtionment ana asked that
an injunction issue 10 them command
ing them to o dnty. An injunction was a
repressve measure, looking to indemnity for
the future. An Injunction cannot give the relief
asked. An injunction does sometimes compel the
doing OF an act but only where 1t IL the result OF
preventing the doing OF some act which enjone 1.
1t was said tnat there was discrepancy between
the aifidavts of Mr. Connolly and OF the other de-
fendants; That one says the nine millions has been
provided Tor out OF tue consOis, wnile Messrs.
Tweed and Hall say IL has been app0ri0ned
out or The tax Why they might as well
say the statute were Inconsistent; one
required the apporionment OF this money; the
other authorized the issue of c0ns0ls for the same
Debt. The TWO were CONSISTENT ana 10 be used In
the alternative. III the defendants were right In
the view they entertained the idea OF in njuLctlon
In this case would mpoversh the city treasury and