New-York tribune., 1871-09-08

this case IN dcfaHlt of any other defense, and or
der deprive them q any sacn ~ sse Ss
signed, special clause covering tbas po'u@
HOW MR.. swKTNY GLANDS.
:" It 10 true, % you say that We have not brought
tho Same charges against Mr.. Sweeny % against
the other defendants Ii this case. The reason Ior
that is simple. would not 60 into Court ano'
shielded by my position as counsel, make alegauons
OF fraud against any man, unless / was pertectV
satisfied beforehand that such allegations could be
sG9tdtant1sted; SUP was urged to include Mr. sweney
by the peoulation charged upon these Others de-
clined TO stigmatze him a. thief unless the proofs
life poor man, and that he has to-day very large
fortune, made by shrewd speculaons In real estate
based on bis knowledge Of Legislative acts about to
nS ssa' h' tSa
fortune has been accumulated thereby. do
s Rs0 DssY Ss Brains hs' S G .S dGSS sns s that hs hs
the legislation which gave It its power. regard
him as very dangerous man as party leader. but
that hs ever to the sSs On
1utely wanting, and he has the reputation among
those who know him well Of being above such
tions mentioned In the complaint, and therefore
struck his name from IL in that connection.
In conclusion. I weuld say. that think asI hope,
were but az united and as honest in their action as
the people now are, should have no doubt Of It.
But the danger is that the people win not be able TO
maintain themselves In the face OF press actueteo
by Jealous rivalries"
The following are the legal documents In the case
including Mr.. Foley's complaint and affidavit, and
the Injunction order of Judge Barnard:
THE COMPLAINT.
SUPREME COURT, CITY AND COUNTY OF NEW
YoRxJohn Foley against tho Board Of Supervisors OF
the County Of New-York the Mayor. Aldermen, and
Commonalty Of the City Of New-York A. Oakley Hail.
Richard B. Connolly, and william NJ Tweed.-Compaint.
The plaintiff complains and alleges
First. That he resides in the City of NewYork, and Is
seoSd hat on the is day Of January 1862 the de-
oice at the election held In the month Of December
preceding, and from and since the ls gay OF
1885, tho said defendant has been and stu B mayor VI
Tiird The city charter of 1851 sec. g. made It the
over the conduct and acts Of all subordinate officers and
TO receive and examine into all such complaints as mgn
Ss Sntg and GENERALLY to perform ali such duties might
be prescribed for him By the charter and city
the new city charter Of 1870 decares that Il shall
be duty Of the Mayor to be vgant and sstSe IN
% bs eSxecated sas and Enforced and for that
him a to call n s0s city
required by said charter o I'm sq ~ ey or
names and the laws Is held responsible for the good
order and efficient government Of the said city,
% The laws Of S2Sf h Is EeaS HE
and active In causing to be enforced 80 as to secure the
ecent government Of said city provide, among other
a. Laws VS. Of isas, chap ST. sec 1t shall not be law
ful for member Of the Common Council OF any CITY IN
this State or Trustee Of any village, or the supervisor
Of any town. to become contractor under any contract
auhcrzed by the Common Council Board OF Trustees or
in any manner interested directly Indirectly either as
o. IN Dsse % City ona
section IS: No member Of the Common Council Meaa Si
SePPe or any other cer Of the corporation shall
directly indirectly interested IN any contract r' wSrH'
OF consideration Of which Is paid from the City Treasury
or by any assessment levied by any act or OF
Which shall be sod assessments or BY virtue
Ct suit Of the IS The Te
ter p ssf renacts By Sec IFS the h section Of the
sHss % pss
l3) Laws Of 1885, chap s6s SEQ and chap sSt Sec 4;
anss 1sse e.
@ Of the
SewYOrK SHAH e Applied only to the objects and Rur;
o the and
Board or
nSI aag Sa' shall hS incur Con
St a% cs Se or in
trre or expenditures, for any Of the. objects and
purposes specified, the aggregate OF Whlcn e1-
pendres and Of the liabilities under sueh contracts
shall exceed the appropriated for such purpose Or
for any other purpose or object than those spectsd
The new city charter chapter S7 Laws or 1870 contains
specal provision section 20 that nothing therein con-
shall be construed to abrogate or repeal any
same statute section 9s the Mayor has the power Of i'm
peachng all heads Of Departments, and the Court Ior
the trial mpeachments is declared to be the fu court
of Common Pleas Of the City and County OF NeT
while section 100 provides that any oicer OF the Sl
Government person employed In Its service VINO Snail
wfuly violate evade any Of the provisions OF sald
act or commit any fraud upon the CITY, or convert any
of the public property to his own use or knowingly per-
init any other person to convert It, snail De deemed
guilty misdemeanor and In addition TO the penal
cluded after from receiving OF holding any once
under the city.
INCREASE OF THE CITY DEBT.
Fih According to the official report OF the defendant
Richard B. Connolly Controller of the City and County
OF NewYork for the year ending slst Of December 1885,
the funded and bonded debt Of the city the date upon
which said defendant Hall entered upon his duties
S a0 ,bs SpIed and bodsd debt Of .he county
dencd the Official report amounted to' lesz 80 90
The Last ociai report Of said Controller was made up
to the day Of july 1871 and by this report II Is
shown that upon the date the funded ana Dosed de5s
AND AND SnSd and bonded debt Of said county amounted
S''lso w
Making together total $ll36S72 2a2 81
From this deduct the amount Of the debt Of said city
and county when the defendant Hail. became Mayor as
shown above, $50 80.
The difference is the increase In the funded and bonded
debt Of the city and county during the two and half
years Of the present Mayoralty, soS, tT Il.