New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-08-17
THE COURTS.
THE NEW COURTHOUSE BILLS.


OF THE MONTGOMERY OF THE CON-
TR0LLER.
The suits of the People ex rel. John b. Cor
nell against Richard b. Connolly, Controller the same
against Michael Norton, Thomas Conan James Ii. Inger-
soil and John j. Walsh Commissioners of the New Court
House, and the same against the same occupied the al
tenton OF Judge Sutherland in the Chambers branch OF
the Supreme Court all day yesterday Messrs Robinson
and Lawrence, r appeared for the relatOr A. f. hone
for the Commissioners, and Richard OGorman for the
Controller. Mr.. Cornell brings action 70
recover sS4.I25 i5 due on a. bill for iron
work put into the New CourtHouse by
the firm OF ]. b. Il W. W. Cornell, Of which he IS
the surviving member during the years Of 1868 and 1862
Three motions made, each for perempory manda-
mus The first is against the Commissioners to compel
them to issue requisiton upon the Controller iof INC
payment by the Controller OF the amount que on tno
bill. The second is to compel the Commissioners py
mandamus themselves to pay to the relator the
due on the bill out of of money paid over 10 the'r
credit by the Controller upon their requston under
the provisions of the act of April 49, 1871 The third is 10
compel the Controller by mandamus TO pay the reiator
the amount due upon the BILL In the manner ana iorul
as he IL by law required TO do.
The affidavit upon which these motions are maze ls
that of John b. Cornell the reaor 1t recites that by
an act OF the Legislature OF the State OF duly
passed on the 10th April 1861 the Board Of Supervisors
of the County of authorized to take lands
In the City and County Of NewYorK for the purpose Of
building Court House thereon, and were vested with
the power duty OF directing and experimenting the
construction Of said Court House. and OF making and
terng into all contracts necessary and proper for its
strucon that the Board of Supervisors in pursuance of
their authority, entered into agreement with his frm
whereby they TO furnish certain amount Of labor
and materials; that for all work done prior to
July 7, 1868, their bills were audited by the
Board and paid by the Controller From July T. 1863 up
TO May 1862 the firm continued TO perform work the
Courthouse. The b which amounted to $65599 49, was
audited and allowed by the Board Of Supervisors, July
s. 1862 and their action approved by Mayor Hail.
Upon demand of payment upon the Controller he paid on
the 9th of December 1869, 100 80 account Of
the bill. The remainder amounting with interest to
sS4,725 49, has been paid, although frequent de-
mands for payment have been made. The affidavit con-
nues that by acts of the Legislature OF this STATE duly
passed in the years 1862, 1884, 1865, 1885, OF
money amounting in the aggregate to more than
s., 100000, were directed to be raised by the
Board OF Supervisors by TAX, loan or by
the issue of stock, and said sums Of
money were directed to be applied to the erection and
construction of said Courthouse, and the money
was directed be paid by the Controller bids for
work and materials furnished to said Courthouse,
au lifted and allowed by the Supervisors; that the said
of money actually raised and received by the
said Controller for the purpose provided In said acts
that the Legislature, the 25h Of April, 1867, directed
the Board Supervisors to raise, by tax, the further
Of ssOOO for the completion OF said Courthouse
that said further actually raised by tax and
ceved by the sand Controller; that by act of June 1861
the Controller directed 10 raise further sum OF
100000 paid by the Controller for the completion
Of the new Courthouse, which sum raised and re-
ceived by the Controller.
That by passed May 49, 1862 the Controller was
directed to raise on County stock the further Of
nd no IN
same way and that he actually did raise and receive the
said ssoOOOo that at the auditing and allow
ance of Mr. Curnes bill, and Mt the time OF demand
the aefs was SAID
toned appropriations some OF them appcape 10 he
eent 10 Of paw s the said biz in full that peonsr called
upon Controller after the partial payment OF mis- Dill
the mS"u legislature g authorized the Mayor to APP
R ISta5a iG snd Complete said CourHouse for
sum not exceeding 100000, which amount the Controller
Mayor appointed Thomas Conan Michael Norton, James
H. Ingerso and John ~ walsh tr sre
of the Board Of Supervisors that said soo
was received by the Controller and that aerward the
petitioner called upon the Controller and the Controller
stated TO petitioner that said balance should be PAID out
% d a S as' a ~ az M watson the Chief Clerk
said Controller got TO town. which would be IN aDont Ten
DAYS, the balance due upon said DILL would DC PAID "
said depOnent, either with bonds or in cash"
is further alleged that the Controller paid out OF this
\ ST OI
$780, but subsequent to the auditing Of deponents bill
and that these payments, or some of them were made
without proper vouchers and in violation OF law The a
davit contains exhibit Of work done by Andrew
J. Garvey the payments for which, 1t is alleged were
Mr. Cornell fnrtner claims that he entitled TO be
paid before Garvey and sets out that 5O0O0 author
lied by the Legislature April 49, 1871, TO be raised
under the direction of the COMMISSIONER that the
troler has raised the money and ne believes has only
expended 100000 and of that 100000 the Commission
ers have expended but little.
Mr.. Mcneil on behalf of the Commissioners stated
missioners saying that since the appointment Of the
four Commissioners OF the Courthouse, Mr. Cornell had
the Commissioners themselves for audit and has
been approved by them that deponent is informed and
believes that the bill OF the reatOr Ia grossly exrava
CANT both amount OF materials and prices charged
therefor; that in deponents Judgment the BIZ should
fore being paid The bill audited by the old Board
of Supervisors presented 10 the Commission
Judge SUBSTANTIALLY idea about the application IL
that sincerely imprompu and arises from the language
OF that act The question is whether the act provided
that the 100000 independent Of what had taken place
before should be expended by them
Mr. MOnell-There are two applications against the
Commissioners one OF which is that the plaintiff paid
the s600 He also seeks to be PAID ont Of the
II we show we have had none of this then we are to
make requiston upon the Controller for money out
of this $4,000 The first application for the mandamns
will be passed upon, that brings the whole
question about compelling US to issue our requsition
Judge Shtherand-You don't deny that you have the
Mr., MoneIl-we don't deny it yet.
Judge Sutherland-Ah, well You must settle that Ques
ton first. What is the of issuing mandanusi II it
goes "a the Controller must compel him 10 pay out Of
the money his hands Independent Of the question
misconduct. You are seeking money appropriated by
the legislative acthe peoples money in point Of fact
10 pay the peoples debt and the Controller stole IT,
cannot compel him by mandamus 70 refund IT, IT ap-
pears that had better conne yourself to this
one point-whether the Commissioners to pay tins
money out of the 100000.
Mr. O'Gorman (for the Charlottesville Controllers
affidavit is TO the effect that all the past appropriations
have been legally expended and when To the appro-
nriation of 1871 he has complied with the law by paying
over $4,000 a requisiton and he cannot pay cent
any other way He denies the legality Of this payment
Mr. Robns0n-I am prepared to argue that ii is no
answer 10 show "A mere exhaustion OF the fund.
Jndge sutherland-Where is the money come from :
Mr. Robnson-Where a fund has been exhausted by
shnnest payments IL answer. don't wish YOU 10