The New York herald., 1871-09-08
ONSLAUGHT on the Heads of
20. saa !, Departments. -
4 TEMPORARY INJUNCTION GRANTED.
Current Expenses of the Government
o ~ Not Interfered With.
AOtlon to Shcw Cause Why the Injunction
Should Not Be- Made Perpetual TO BE-
salt Heard on Monday Next
SCENE In SUPREME COURT, CHAMBERS.

SCENE IN SUPREME COURT, CHAMBERS.
motion was made before Judge Barnard, in su.
preme Court, Chambers, yesterday morning, by ex-
Judge Barrett on the part OF the Citizens East side
Association, for Injunction to restrain the Mayor
Comptroller and Board OF Aldermen from Issuing
any bonds or paying any moneys Oh account OF the
city government. The Court was crowded TO ex.
cess with politicians OF every color and class Judge
Barrett Ia his speech, animadyerted severely on the
conduct OF these officials saa every citizen had a
right to call them TO account, ana wound up by a
strong appeal to Judge Barnard to issue the lnunc
tion. 9f5 lsN Asl 'tt sD
74rf nl6iiy THE ARGUMENT 40 ~ sf5
ExJudge Barrett. addressing the Court said:--
Your Honor, have been instructed to make an up.
piication Tor an injunction in action IN which the
papers are before you. This Is an action brought
by John Foley, citizen and taxpayer and resi-
dent Of this city. against the Board OF Supervsos
,SsS Mayer and Commonalty, A. Oakley Hall, Richard
II Connolly W,nan,, a.. Tweed aud Peter B. Sweeny
As the payers are somewhat vounl ""s ana nave
been drafted with great care, and have given the
matter some reflection, 1t may be better that
should state briefly the facts aycrred IN the bill OF
complaint and set forth the particulars OF the relief
asked for The bIl, Your Honor, after settling out
the usual formal ayerments with respect to tie
character OF tle deendents and the position o.
plaintiff, and after Setting cut u variety Of facts
which II VIII not be necessary for me to call atten.
ti0n TO at the present m0nent-such as the cOndI-
ton Of things which lei to the passage OF the act Of
this Legislature OF 1871, under which act we bring
the suit-and without reverling to the various mat
iers Of public notorietl OF which every citizen Ia
already advlscd-sucn as the condition OF
Our public affairs, the city debt and its
increase during the last two or three years.
or a arOp nf
ing, the payment Of large sums Of money without
due appropriations having been made therefor and
che payments Of money In excess OF appr0pria-
ticns and the payment OF fictitious claimsal these
things are ayerred in support of the bin. l viii
come to
THE ACTUAL FACTS IN TIE CASE.
They are these Your Honor. An act was Passed at
the hast Legislature known the Two Per Cent act.
II IS specifically set forth IN the bill OF complaint
that under that act the Legislature provided that
sum OF money not to exceed s2 FOR the years
1871 anu 1872 should bc raised by taxation tor the
purposes, FIRST, for paying the ct;y's quota or
The state taxation, and second, for pay-
Ing the interest on the public debt ma
tured during the past year, and also for
the payment OF the principal and interest Of the
Debt maturing during the present year. ana that the
surplus which should remain after the payment OF
these several Sums should be applied 10 the govern.
meut OF the city aud county OF New YORK, and that
the Board of Apportionment referred to In the Dill OF
complaint should meet aud appropriate such sums
for the different departments Of the county and city
government as might be found necessary Tor tho
proper carrying or the city government 10 was also
provided by the act that no more money should be
expended for the purposes OF the ciIy and county
governments than what might remain after the pay
OF The quota OF the State tax and the payment
VI the principal interest OF the public debt ma
Aurt IA dtirin IN no nj That specific
provision OF the att. 1t was also provided that no
appropriation should be made for any purpose
which could not be met or paid out OF such balance
OF remainder OF moneys thus appropriated. l-,
Now, then. your Honor we apply TO You under
these circumstances practically to keep the officials
of the county and city government within the act,
which, l, may say, without travelling out of the
eord, is an act OF their own creation We ask that
shat act Of theirs be enforced that hey be Kept to
snat act and they be not allowed to go beyond t
10 permitted to place any burden upon the citizens
beyond Inc amount they are authorized 10 impose
by that act. We WIN show Your HonOr that this act
las been violated this year. Our bill sets 0rth that
the amount taxation under the act Will amount 10
SCI 700; that Is two per cent as fixed by the
Board oil ApportiOnmcnt II shows, further, that
this sum shall be divided as authorized BY law for
the payment Of the cty's quota OF the state tax
and for the payment OF the principal and interest OF
year and the present year. The excess against
the present year has been ooo That sum,
a. Will be observed, by the act Ia authorized to be
raised in addition 10 the two per cent the amount
OF taxable property IN the county showing an
aggregate sum OF s23.32o 900 10 be raised. To the
same is to be added 81 100 c0o rs the occeds OF
all otner general funds coming into tho &c neral
treasury Of tue city, so that then We see that the
toai legal income Of the present year cannon cx
~. - st.f. - - -. -.
quota Of the state tax, the principal ana interest OF
ihs city and 60Lh'y debts falling within the year.
and the remainder to be apportioned by the Board
OF Apportionment for the several departments 2l
inc government, and such remainder IL all The cry
T,rposes OF such government. Instead OF this We
chow that the Board Of Apportionnent have not as
requrec Dy their own ae,, set apart rom % sad eaas
sary FOR the payment OF the Interest
sna psnspn to RsOS %e show thsi ns saa
sua should Come out OF tho s2e0ol, 900 10 be rasei
on The totsl income OF the present year. And we
pose OF the defendants not only not TO appropriate
ihat OF 10000 90 ont oi the tney are
payment Of liat sJoOO,coo. ana 10 make these bonds
u permanent oDll cation anu perpetual burden on
"s o py pn1s Ss S en sum Of seq
tne use and purposes oi the city government IN
open violation OF The act
That IL our ti N.. &.
FIRST CAUSE OF COMPLAINT. &c..
Ihat IN place or imposing this burden oil S'ouo,vuv
IN perpetual op,lgSIon on the taypVers IN VIOLA
ton or the law they should have appropriated that
sum out ol the income dercable from taxation-the
sum vi $40, 00O,Qp0 already referred 10. " ri.
THE NEXT CAUSE OF COMPLAINT
Is that the de endans baye already issued bonds IN
nncipation OF Tie entire sum TO oe raised oy taxa-
ton du ing the present year. They have ssned bonds
upon the county ana raised money. accoruing 10
tncr own iepurt given 10 the pubic for these very
Se.Oo COO. And mus IL IL seen tnat tney nave
nready raised m anticipation ol tnc payment OF TIE
nx' ny the Issue OF bcutis not authorized by law,
tuc tIltfc sum authorized he raised bV tlxdlIoN
curing we present year. In addition ~ this they
us,sed contrary TO the PROVISIONS Or the Con.
,,V son oI sto act, the SUM OF 81 200, aud Dy
similar high handed proceeLirg gs they have raised
ra,scd Nv ~ Tonn Sc e0unrY sssoeso mai ng
!aised w Them under Inc Consoidt t,on stock act
Iney nave applied. not "a lnnnireI hv the nf To The