New-York tribune., 1871-09-14

u0nD, anu OD0y tno laws 20 f0r - Lee In tneH Po"o
VICIOUS FINANCIAL srsTEN TO BIZ CHANGED.
This system, which has been going on daily Of the
Common Council ordering Largo expenses for pa
tented pavement and 20 on, and the Con-
troer raising money from bonds ct seven per
cent interest to pay for them is all changed by
the Legisature The Legislature says you must begin
sna
alton Is made your hands tied and you have no right
the questions which We present upon face Of
complaint We ask In the first place, that the
to be raised BY The Board Of Apportonnent The Board
endsnt Hail they aSm. that x they are bound to act to
terms OF TINS request They say they had no intention TO
which has gone up aud which stopped the to
o s bVH %ss 80 S the at OF s
the 6th Of September. That certificate appcr
o1 one cent In the terms Of the third section Pf the
raised by taxation makes no provision, contend
or the OF our quota OF the state tax and OF e
debt 80 that they may declare what is the aggregate
be act down make provision for the purposes
upon the papers wo show the necessity for having the
Injunction fcsTred out Mr strahan now read the
already % S puCIi.6ed 6HsP'''0n'H' "n" D'a'0 ''' '
4 your Honor viii rssolleet .ctsrrsd to the
claims % against the County In 1860 ,d;n, and 1870
committee had certified to biii~a nameless German
he advised that law he hound to provide the
have laid before Your Honor we are clearly entitled to
the third demand the Board OF Supervisors be re-
apart by the Board Of fApporonmentNn the Board Of
supervisors coneede that we are 80 entitled Then wo
the defendant Connolly Your Honor viii notice that tho
amount which be lawfully raised by tax this year
Is raising by revenue bonds. in anticipation OF that
revenue s 1890 upon City bonds aud so9, 300 upon
upon consolidated stock which he has used for the
poses OF the CITY and County Government although the
total OF sOoCOOCO though the amount that can lawfully
he raised o He has artady taSl rec reeeysa Go s
restrained from raising further sums by bonds
The only question which remains ,n Is Whether he the
upon the complaint at the instance OF the present plain
tin lie states that he is resident Of & the city. ana
this would not give him title in law TO mantain tlis
complaint under the authorities Of our Court OF Appeals
and question Of title depends entirely, but thiik
sufficiently upon the PROFESSIONS of the statute of leC
1S sEcaGsr %oted The ag "a ana sa aro unar e
control OF the Board OF Supcrv In so far as they
Hy MSS the 'G"Hy 4fiS tho S G
funds whatever for county purposes can be taken out OF
ordered ord TO be- pd by them II they would refuse to pay
q Just claim, your Honor would grant IA man!anus to
s@o M to entire 60 as ro sS
and mana cement. The Controller is their aSon and II
his duly. the Common Council have right to
call hm to account, sc,od Ihf 70 PIprry pn y S sacS ify
i
for the payment OF the cnrc sum raised by taxation
Under ,ltsc clrcnrlstnrcs, need NOT, thnk arsuo
trol OF the Common Council and they have right to sec
that he applies t.r funds the law directs. Now. II
Supervisors l. concerned then you have jurisdiction in
so far the Beard Aport ionmcut concerned, be-
duties by tho Board Of Supervisors.
MR.. O'GORMAN'S ADDRESS.
II the Court please. obedience TO my official duty
Counsel for the Corporation Of the City of NcwYork
appear here behalf Of the Mayor Aldermen and Com
monaty behalf Of the Board Of Supervisors OF the
County, also behalf Of tho chief Executive officer
OF this City, the Mayor and behalf OF the President Of
the Department OF Parks to show why the ninnc
discontinued and aside. In doing desire it to he
understood that it Is neither my duty nor my wish that
suit Sh"ud lie kept lacl Dnt is my duty I'D in ne
clu Iation any charge Which, if true, would nprIl
in ony way the credit OF this CITY in any way innr''
ass Tt 10 o"S rspsen as "" nnr d
nachn" 80 to sprak as al lnnirpl governments are
this machine isout Of and that he Is threatened
he ont Of and where. and how much. and asks
that effort is concerned, the ofa gal representa-
tive OF the city AMI your Honor. the judge of tho SUI
accord But your Honor las been assed 10 aid in
"xtrcang any c.Iic difficulty, but yOn have been asked
! chine. Uuintcn;ionaily 20 think, with the ciee
no, properly presented to your Homer YOU have done
III" legitimate actc; OF tits great in,ltpal Govern.
| mcn. Yon have prevented the payment Of money due
wai their moioy, and have thereby allowed an arculnl-
a,ion of incrcS' against the city, These difficulties
which the paintih in this has certainly shown
any interest enttng him 90 in6ct upon the citizcus of
| Ncw-York. AR Foley states that he IS citizen and
udicatc lie they much or be they little. IA perhaps Of
le consequence but whcn you consider tho omallncss
of the interest That he y any means can have, speak
OF prculIaLy interests, bedaiSe II i only pccihary
Interests that are 10 be- considered in This case
| aud Nc tnIt tp fhp nn-
snny " ntrpst. that he % asks to have projected @
far for HAT purpose that I'll the Wheels Of tie City GOV,
should be arrested II the Court please. know
recognize fcit any papers unless such appear in
these papers in this suit know Of no outside influences
his own Interests IN tii5 other and ii is with
his Interests that mean to ca. BY learned friend
lhr other side in one his observations the early part
the discussion said that somebody suggesting
lives. suggest none.
MR.. FoIEY's STANDING IN cOrET.
Whether MI Folry's motives he good or bad-whcthrr
he here to represent his pecuniary interests,
desiring that they projected in this suit or that it be
sham suit and he T. the agent OF Others having ultcrior
motives perhaps is of sort Of consequence In this
case. II he has any right Ia come here nobody has any
Uv rsh ss 70 c"mn hTr WI Has he anV pS IN mas mi, ns
court at ALL That IL the first question which II IA my
rrnScntins it have no design rhat any invrstignon
called this motion should in any way be cyadc
usual in this kni-without any remission Of per-
Il lhl, aid win that sort o industry which desires
TO BRO licp rltWe have net the allie cations in the
conn aint with counter allegations the part of the
We have made statement oi facts, and when
now argue thai the complainant haS In law standing
in this court 10 IL because believe it is the manifest
duty ~ the counsel to do and not because desire
withhold any proper information from the NV
learned llcnd the other side, whcse ocnns o. this
case WAS ditajo performance, himself suggested
doubts and dic dict Oh that part vi the Let
in few wor,;, remove the doubt and make The difcuty
IN imlossbl:y Ii is admitted ON the other side that
up to the car leGi no private individual, either q
cIzcn, taxpayer, 81 bordhodrr, had legal right to
stop civic corporation by Cl il proceeding: from vast
ing the properly in its chTge. need only cite hy way
e prcccdrnt of Roosevelt against Draper end
Doolitc against the Supervisors OF Broome County.
In. fhn A.rn lIlnI