The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-08-08
THE NEW COURT EOU5E JOB
Who Furnished the IrOn and Who Failed
to Pay Half tie Bill.
Application for Three Mandamuses to
Compel Residue Of Payment
The Proceedings In Court.

With all the millions appropriated for building the
new City Hall some OF the Contractors 1t appears.
do not find 1t so easy TO get their "eee" bills paid.
sample case of this character was brought to light
yesterday In some proceedings before Judge Suths
erand, OF the Supreme Court. The present difficulty
seems to be about
PAY FOR TIE IRON WORK.
IL Is very brief story, this part OF 10, at Least
though the getting OF the contract and getting tins
case through the Courts and then getting The money
might compel II all the facts could he told Ions
narrative. Messrs Cornell & Co. were contractors
Tor furnishing the Iron work In Juy 1862 they sens
their bill amounting TO sos 500 49, 10 the Board OF
Supervisors Tie Board passed the bill the County
Auditor gave it his approving sanction, and the
same was duly presented to the Comptroller On
the plea Of lack OF funds the Comptroller
PAID ONLY HALF THE BILL
This was In December, 1885, The other half stin
remains unpaid, and accordingly suit was instituted
to compel It's iull payment 10 make sure OF No
possible evasion OF settling this resduum OF lndebs
edness the Messrs Cornell make three separate ap-
plicatlOns' for o mandamus-one that the Comp
troller pay, the second that the Commissioners Df
the New Court House square the account, and the
third that the Comptroller make reQusltiOn On
the chamberlain for the required money. IL Is IN.
necessary to 60 over oil the appropriations leS
building the new Court House. even allowing tn
extended catalogue. The present sultors base thes
hope manly on the appropriation In 1871 OF $3.50 000
which sum 1t Will be remembered, the Comptrol(er
was directed TO hold, subject To the orders OF the
Commissioners OF the county Court House. These
Commissioners, II was alleged had drawn from tnis
sum S2)OO0O leaving S550,O0J still subject To tnetr
rcquisiton. AL! three suits rest on the same gene
raj facts, and were all OH tho calendar together.
PROCEEDINGS IN COURT
Mr.. OGorman. Counsel to the Corporation. asked
for an adjournment, urging that he was not fully
prepared argue the case as referring to Mr. Con.
", COmDtrOllcr.
counsel for the Court house commissioners.
tn a f a saeu sa a s e ase s re-
garded his clients, might 20 over 10 the next term
He read an affidavit That Mr. Norton, the President
OF the commissioners was absent III Europe, ana
That without his presence IL would be Impossible to
state the appropriations which had absorbed thetr
money, preventing payment OF the present bill.
Mr. Robinson, who appeared for the Messrs. Cor.
nell, slrenuously opposed any adjournment. ne
the approval OF the BIN. anG that since then some
two millions had been appropriated for the new
BIZ. There was no guarantee that ali OF the present
money would not IN the same way he expended be.
fore this claim was paid. He was interrupted by
JUDICIAL INTERRoG AroRY.
.Is mandamus," asked Judge Sutherland. the
only way to procure the payment o. TINS money!"
"The only way" echoed Mr.. Abraham r. Law
renee, also counsel for the Msssrs Cornell.
Mr. Lawrence was not satisfied, however, with being
an echo. he urged at considerable length iinNe-
diate proceeding with the case. 1t was, he Insisted.
entirely question OF law and 1t mattercd very little
whether MIR. Norton was mere in Europe. Ths
other Commissioners continued to draw money In
his absence TO go on with the completion Of the
Court House, and 1t would be curious IT. when they
had gone on since his absence In May last SO
smoothly. they coult not tell what money they h&d
received ana expended.
Judge Sutherland said he did not suppose that the
balance remaining In the hands of the Commission
ers would be expended during the present month.
Mr.. Lawrence said that no one had supposed That
the new Court house would cost nine millions OF
money. lie wished 1t understood that the present.
was
NO BOGUS CLAIM,
and that no one had ever charged that 1t was noe
money fairly earned and justly due.
The Judge said that he would not adjourn till Mr..
Nort0n's return, but as Mr.. O'Gorman was not pre-
pared then 10 go on with the argument he would
ADJOURN the case till next week "wednesday and
thus the case stands at present.