New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-09-15

condemned. ~
vndcad shall the asqai;ta Of ALL ALL I s .S e.;
for ny client than the answer and the AFFIDAVIT Of Mayos
@ GPo9 this record be has spread complete
and noy IN 1ssaq t T. the ssns
& % t6e Office of CaSrcor ASuga n!
eusodign, q tn. public treaSgry, {. he any morn
specific answer and affidavit OF Mayor Hall shows tSss
wherever bonds have been Issued stock created it wa
Torment over Which bis Honor the Mayor prcsdes s
claim for my lent the benefits Of ibis assertion
Of iIayor HALL claim tho benefit q his advice ssa
lawyc, and superior olrI'I for my client and hen my
nai cpntIon, we c~im that Mayor HIl. clothed in the
brightly in To rolrs those intellectual acqureincnt,
ana IL, INSPECTED character, stand between my cuent
and his pers rcUt0is
TIE ZEAL QUESTION At ISSUE.
The following Subdivisions q and 100 Of the complaint
arc bat Supplementary tOtLc graph believe which
have already con, dcrcd and now. Sir come 10 tbs
only real question In this case, and my iricnd admits 10
to be- so, and it IL continued in the nth subdivision Of
this compah; because my friend lawyer vio has
m!niIs .did hi. ability upon s occasion: he knows tho
l!incl,ics Of law to which have alluded; lac knows
THAI ts compliant world not be siis aimed upon the
lre'einS elirS "hs C9Hl"i,c,l II me tcn h"t para
graphs OF this compiling and he admits IN his argu
mcnt bu' he uses word which Is to lie exhibit Of
ms soliegn,ciolsneos upon mat subject: why
he conceded that these avtlincnts were NOT
made rluch to cstahi1i l. al liability "a Against
trse dclcdants and geld they veto presented sort
OF Justification OF his client Why at s'lHjustit
cable Justify himself that he should spread upon the
enduring records VI this Court inInacria and caum.
IL IN vhGr the authority OF law, obedicnce to tieii
contest before this high Court Yet that IL tic position
he occupies BY the confess 3n o. , learned rpgcscnta
cNnnsc on he d.er lde c rot Of G s ins
CATION or ayerment in the eoMp!.!nt which dcmandi
an fn3% Sn w S s hT r fS e oo % lis DE-
mgnG5. Af,r all s Sir, 1T III, lat" tour, We come to
the consideration OF the real and the only -nc presented
/ an one.
aid did rot ~ nix thar might possibly in the awyery
Gttno which my friend occupies. say something Which
might throw particle of lght upon this subject, not
with ludir. h3 satisfactory AID abie o%no4tion If the
aditiora word II presents this question and the Court
viii scothc CAVITY vi it, relation to the Interests OF the
CIV whtcr under the Two Per Cent Tax law the reve-
me raj ,ci from tie imposition of that taxation upon the
r:al and rcrsona! estate OF the tiig and nd, cYuntys
ai Of which tho immense transactions o: thi,
city are to be conducted, Tho argument Of my
ftnd i founded upon tw1 clauses of the statute. Tho
first l. found in the laws CT 1870, page 2i section iol in
which is said that no EXPENSES shall be incurred oy any
tie expenditure shall have been ordered by the Common
Council not unless an appropriation shall have been
provision of the Per Cent act 237 o. the laws OF
ISL which cnacs that from TIE ;nis so raiseI IN eacn
and County Government for all their dcparmens ana
purposes Tor each Of the said years NoT , te
mnn,ipal government may issue bonds for the
purpose Of paving Streets building sewers and all other
work done by contract under or by virtue of ordinances
passed by te Mayor Ald"rncn ana Cnm"n r quo ~.
SEGMENT unon property be benefited Ivy such woIks
and now the question aiisos, which has aiGo'y pem
W. repealed an otsr acts Isstp Now TO tine s2% be
subject passed between r fnssg pSr mp are not
R90red in tSeIaw had prepared for reference sir
"ase has SdvrrteJ the Of showing that
i ire hv hi aef operacs also as pGpe
OF 81 AK y, works t' f
which Thea Oil foot and are stl. wi,hlu tie City,
MIR. coSSoLLYs DILEMMA.
pass TO- Sir also tie question OF fact presented by my
learned friend, and that Is that appropriations
made for fills object, aud that also the law not vo
lated For the little have say this subject
perfectly willing to admit that bonds have been issued
for The purpose of Improvements and
Mr. Comedy e intends to Issue bonds for that pur
pose in tlC unrr uui IS obitodby the Court de shows
yGu iE9 II tint power does rot exist mat II r anonne
icGrn for II" purpose of these improvements 10 be
deducted from HE result OF the two per cent taxation In
addition t" the o"l claims me TWO pSr Cent law re-
qIcs these bonds 10 I've repaid from that aggregate,
ny as my lent ha %fown y% tGae % oS Ioh Rn
mona cnital construction OF the rhia.e"loSy OF this
grant rpres by implication, the principles aud
can"ns e:,ao,ed by ihe usage ana q, ss
To Per Cut ret las the REPRESENTATION to th1
elias Of "yrcnnitrc+ What arc those canons famllas
should ASCERTAIN In, legislative intent; second. that you
@ eEnGT ne ta' Ea,scd . sGp% the same sas
consistent, and give force and effect to every pro-
Vii eve ' @n to 'r satn that which If viii
lead to an ABSURD or Impossible result. These are
the prcc hraseo!ogi OF this provision say that It
erpif1 OILY t. t!,r ordinary an; common expenses Of
an acc:lmul ion Of the delft against the city 1t is but
nn advance demanded by the necessity OF the case toward
tn" ocniion Of these WORKS until thr extent OF ths
eXucno be asce. tanned ami the character OF
Ing at lie restriction and the signilcation of tho
word "exEenses," it is clear, submit, irrespeet-
i've Of the would Sd result H ro the GcHsrn
ton THAI that word expenses" is limited by the signia
"mo W. c s l BOrd Of sps S %UM anybody
Gle make an anropTiiGn for these ~
II" opruc req Tres an cXcavaton-who shall tell the
chaactcr oi that sNc9yaion and what VIII he ne exte
e Sr" Of tie WORK is found and until the work =
officer c"ud meet this requirement ot the law, suc2
the argument, Il submit, is with refer.
cE,e TO the subject matter Of the proviaoa
and the surrounding circumstances showing the utter
EMBELLISHMENTS o. sustaining The operations CT The Gov
erIrncnt unGcr such restriction as friends claim
shall that subject, aud beg p.fion 81 my
learned friend (Mr Oorman) for attempting to 90 any
TINS r. SoS[d 1Ss t eoran down
TO the 18th but recital OF the various laws &
upon this subject reproduction or the averInehSs Io
tanned in section H. and REQUIRE no iurher os asss
haze mi-cn their import Ihe lIn seo''Gh nsss
Which shall command them 10 perform their dulles.
the language OF my learned assocate on NY nSus
remedy which can only he reached by mandamus NOW
il has been oloquently said that an Injunction 0ny ~ IT,
effects that il never affects the past III seeks no
fnr thc mast: il asks only indemnity for the fuuTc N
political jan Sor and vet my friend. ask tha tnas eS
shp grant an Injunction which shall coinpei the Do1ns1
of Apporoinnent do certain things Now tlt tsnos
is neS or granted by way of injunction know soine"
I'm iuinuc;iOn operates to compel the Pes
sornapse OF an act il Is only when II restrahs sns
uer0rmancc OF a hostile act. But, waving tat, w.
Ibis answer Tia allegations in this paragraph ar e!ney
de. led II, friend crcisCS c:c answers am ne
discrimination between the fullncss OF inc au", w
nr,s ntei on the part OF MIR. Conn0ly anu tost VI
behalf the Mayor and Mr.. Twc" doh th n
criticisms are Important enough TO demand terss
would NOT he surprising, from the fact that w "e,os.
NJ uns nrpuarPa In slISI"