New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-09-15
tlrse statues to know what is the duty OF the ivic
oreas Let me tell your HONOR what Orcurrod WITHIN

ihnt
dauus applied for before Justice Sutherland and the
question whether II legally iSsuahe against the Con
tr"Gr or .gnst the nd OF @ 90 thS
Side OF great ability. The phlascolHgy j., !is:
ouC Tie sum Of sooo is Lcrchy authorized TO be ar
propriatcd, TO be expended m'erthe direction and 'rr
visan of the Commissioners appointed under Chapter
held that tie 'uni applicable for tho completion OF
ncIt Of the PAST ~ lch"dncss accrn In 1861 held
TINT c TGrC o So AID dr1eon G" Of tic CDmm
siorcrs they had the right and it their duty TO
mnGcr the Ihrascoory Of the law. tie Controller
COLT not he GO1rSd TO- pay the 9 claim, 9 Of the pln
The Commissioners to pay such claims as in their dsrrc
nh h ia be- nc wa VA. ibe decson Of lis oSor
juice sutherland after most careful anxious ronsd-
Grafton of tie casei iic did issue that mandlmus he
in 1869 Ivy the srporEi,.Gors WIS 0hia,oTy
that they had no rgni 10 examine into the lens, nt2
to PROV for It and to Jay say. With eli rc@ct
that differ with the lea ped Judge hat have appcalcd
ISIS ':lon the amoNnt Of Responsibility which wcsLs
upon the different city officials in this case should have
Eas p"nc% S@ 70 Seen N d"Sc out Of ins Gou
in obediccc to laws Witch they did make, and which
they believed they were SIMPLY obeynT We Ge n Ds
bound to qd"inie II laws as Wen os We can om
i.avIa'nt eSpsnd%ic am SerTy tht guy sn,h eyer
was passed by the Legislature OF this State Eut when
We come here We are 70 apply the laws, not to make
them. We are bound noe to consider the motives
| of Tie Legislature, but merely how the heGis-
TIT the rs rf re SG 0G civ Sa Of ' not
violating the present laws. but obcyinG them, ask what
in cont upon the merits the p9infins have IN this
easel Then, as hold as to cohsos, they are lic 10
hc amount OF S9.CO5C coo, and for tie Improvements l'c-
fled II !oo q "a the complaint bonds are IssGiOe 10
| bel ond S5,0J1.0l0
SOMETHING ABOUT TIE " CONsoLs."
lao, 1..,Tn
not issued the bond, the amount of sjOCo0O and up
ward; hut you have issued cOnsos to the amount OF
7O0CO and the proceeds OF these cOnsOls instead of
applying 10 the payment Of tho bonds coming due in
1871 you lave arpl ITO improvements that are actually
IN folio e." What is The length ard breadth OF dat
charGel There two funds which You have: one in
fUnI 10 tic PURPOSES " Of the otter, having ui:
der your control al The time, the m.2ns OF Of
proceeds Of the consos to the worny of Improvements
in the CITY of New,iork TO the pavmeHt Of the abacr5
proven, ns that are going on 10 hclpto give fire ely
sanitary applianccs-it we hayc done that, We can a.
ways Iasc repayment ny the i.uc Of thee bonds, if tto
But 1t Iuc call the attention of your Honor and the
ainci ccnnecl the Other side to section Of TIE At
called IN CoSolo Act Uid they ever al'chtNcly read
III Shall be- lawful for the Controller of the City Of
10 create public fnd 10 BE dc;"lat"d The Consol
dated H."rh ct tn oy OF NJ G fine y We VI S
YORK hereafter issued in purSnance Of laws already
Iance with the laws aircay Isscd. hat is, such OF
them as depend upon laws heretofore passed
r s ~re Of "y stock DG or Eos 9" IT," c Of
NcwYo'k, shall. uncss such laws which may he - mere
d i I Of G he y df Nt%Yol" 50 tia ali The
eS i sIo sG and GT ont Of 3 IS l% he ' a
tlr anIcuut due and owing Or winch lry lnoinc due
well as by the issue oi stock to hc amount o. >so,oooo
Which sha DC tPec1ir nv, W lh ma Pr u.s.;
%hX o % 1G t ro, sls Of e n% ayrrn
mrnsi Ths i, the rla.Cn: re bonds issued ia former
it c c"neEs 90 rot cClc no Tn' Dcccar ISL The
plocecd, of tie issuing o, con-ols i, in Tie Cy Treasury
on houGs until December, lS11; lul there is general
demand, from day TO day up'A the Cty Tioaslry for
| payiu.nt of public improvement tE.t ar" going on.
We DC no want the meme 10 way on bonds ln'01Hd IN
he pr. ,tltcd Int Go want to pay OF c debts TIA.
ace ae from day to day. BY applying that money to
yalacc. Again, it is Known 10 tvtrybody connected
VII! finance nat yen throw qn"ntity OF bonds in
! >a'le tlmc--bcnds OF dIn,lcat d"nOmin1tions- may
10 be so Uest to o dps Of s s o. was 1a9" 4
called "Consols." The pubic were glad Of it ; they
mimi. honey saved in the way of interest by that
course. 1t was found nor cay to negotiate them aud,
even il we come bach 10 sc law, the proceeds OF these
cOnSos lIay be as well applied TO PAYNE for pres, IL
improvements under Section Of the Confos Act Is il
remains of tie Objection! IL there any objection there
the kind of attacks that seem ootg in the ar1 speak
not &; he past but 10 tie present conduct Vi The Gov
ernn.tnti None.
GIN TIE CITY LAD0REEs BE PtDl
Your Honor suggested that you did wish it to be
unGe stood by this juI ton that the City should he pre-
vented paying these laborcrs or paying any other
employees of the City. But your Honor has Effected that
result by your Injunction. Your injunction is that no
more bonds shall be issued. If bonds shall le
issued for public improvements ~ replace me amounts
taken from The proceeds Of tie conSl' how j. the money
improvements Let them not be >eued. But it, argue,
1t Is perfectly legal perfectly obligatory Why then, stop
E py1d from another fund Your Honor has by tbs III
that it viii be regarded in that light
S Ssn SSs S , enas W no nppTSpTaGn
S G 1Ss been made for tl X yGn Honor T
NEUTRALITY-SUSPICIOUS. have been made for ali these cxe,Ss
and II will show that the amounts appropriated have
tho various departments and officials who have these
matters in hand: read from of the affidavit Of Mr..
onmc md there resolved by the Board Of Appor-
hGnleHt th spprofiaHns shan be made
stock Tor Hid district Court ouse bonds for Nrw-Yolk
Wo sI9eS r ag SeW1STk
City Parks, Improvement fund stock; Museum of Art
for additional Crot6n Wafer stock The are Tic aiTro
priationH the Board OF Aortonment has The authrity
Mcnt that 40 appropriations have been made i'll these
Mr.. o'GoRMAN IN A FOG
Again IN looking through this complaint confess
from time TO time my vision has been unable pierce
the fog. 1t fog Figures are involved, statements
are repeated il onehalf OF it, copy Of that have
been passed different times; it Is mostly recital of
errors that may have occurred years gone by 1t
f. lengthy document. and that il all that be said
about it, 1t is a confused document. WHEN say that
| do mean, for moment, to imputc to
my learned friends the other side any defect
in power TO draw able and distinct pleading II the
is canar" of having an able and distinct ptading
but confused case always requires confused pleading
aud this is confused. and the leading is like it, Can
il argucd-it may not be argued, because learned