New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-08-23
THE COURTS.
APP NEW COURTHOUSE BILLS.

vii f,lTT~-TuE BILL Is JUST, bII ~
sUNIt\Y Ir2-A MANDAMUs SHALL
BUT AGAINST WHOMF 1,dge
In the Supreme Court, Chambers % ,nrco
sutber ndcrcd his decision, yesterday - the
.o,i.n. .e in the suits Of j. B. Cornen "r' Court.
no'o"' ~, enc commissioners Of the New Co" ~
10, Tn, cpuior-after rectnS the l". ~ dofond-
st m brought by the plaintiff agains, ,' w 90, work
ct r.eo,ar a balance OF bill OF Wv ~ nations
done ON the New Courthouse ana 'ir enc controller
were made first for mandamus 10 Commissioners to
10 nay the same: second to compeI 'u rs IN issue a
nav: and third to compel the ~ necessary funds
roci,on ON tne Controller in case '", &c on hotb
are not IN their Mnds-reol''
sides very fully aud then says -, -.,ors NJ, both
huyS '''' bcase made by the papers on "H,n
sides and me only papers pe~U Uc been heard together
dhs tLre, Ie will briefly stat NY T;gJ and
FIRST: Tn, b OF lnS ,ndent of the CourtHo and
verified py ,n05tsd aud allowed by the bOaru o SUP
na,Ius rr,td by The MAYOR &C. ~ and the
the Auditor Sg positively that all items in 1t are cor
IT, n5 were actually FURNISHED anu d KAY Me- rriccs
Ic'!, anu cr9ouce with The CONTRACT anu MAJ 'G ii,
ana IN be prices to he paid therefor 10y the con
trac do not hnk ia' Inc oSe , Of Mr. CONAN one
IC'|''gs nopIens aud one Of the Comm >sloheIs mat
fbc bl 3, grossly Moua 1I7 ~ fGo me :" and
uor,ec' aud that the balance due on It, with IN
tcrc on ssch ha't' from me ,me on 'e Pay en I
sccount thereof hy tie Controller, ought TO DC pau Dy
enc one or tl.u. s..I, source. .
SeSoud Considering that the very general allegations
of he 4tr il his aihldv 20 tie effect that naymeutS
S Ic uv le co tr0lcr ont OF the 5000 GOO raised
undcr the a. of Arrl &C. 1870, without proper vouchers
ncns had becn made ~ Garvey ont of said $CooooO and
out OF previous appropriations, largely IN excess o Nhat
10 Garycy were maGc without the proper vouchers a
in violation OF law are made ON Information az" O'hi,
merely: and considering that the Controller ~ Ms
amdavit, pmpIuug to have been yellhcn on vi
the Iuh Of August, 1871, sweaIs posImI,'SS ,pii
the effect that hc has no im's e2a!g SKIN
cable 10 tlr payment of the relaoi SaIin
and that II u" money when haI 9 41 bJ Leen OK
raised fOr the New County Courthouse nae Inrin
pended Iu accordance with the statutes maui
save only funds r'ina mig III 'nJ ~, tT disIaTr
of iS7 ami that ono payments for or on ace Ount OF
said Cour.-,iou>r had been made oE nm t.rS j." ~
cordaIcc With lass as lie Is advised 90 nor ulHh VA.
can or ouc'' % issue mGHddmrS commanding the
theory that hr hs funds apple Die TO me laNICt Ui
the REALTORS c.auI raised under or appropriated ny any
act OF act. Tie legislature passed prior TO the "'t Oh
F.rl 40 view Of The positive affidavit Of the re-
sr,r,if l.. Commissioner lug,r>O to the elect that
all Of o.. ,-ohgl"i"ce odd lit "lhid'll Oh tLc i'.1
have paid TO tle 'uuUSsloncrs OF passed 10 ier
credit uy Oh, tUItIH -r, bad been expended &c thk
conn s-.ou. U.s. commanding them TO pay the realtors
JDtIt,. The ~ u I, stidayit says on information
and o. .f tt IUc 10000" di tCcd 60 uc raised Tor the
Court lluu>. Ut c"c ISL Aad n'cn para ny lie 1o,
admits ny bis did sic tu he Commissioners have re-
ceiycd t e. Hu5 ION ga. CONTROLLED anu sals IN one
OF his aH.t'I,, uue N-O ."a' nc H%a HoS lStu'1
authUIIl.d to bo sued 10y the act OF ISL
lie ores not deny that he has rali 10
OF place. 90 the credit col the Commissioners the $20OOO
must u srEe that t.c tUutr Ter advanced from some
fund from some source, $4,000 ia anticipation or the
issuc Of SOCK urd,ru AL oi 1871. BY the eth section
OF hc act of Io,>JDO s authorized to he Appropriated
10 he cAIcudcO uuocr ihc direction ana SUPERVISION OF
the Conn rs for tine completion of the Courthouse
AMI the section directs the Controller ON IeqWsiuOn
OF Comm oueIsto" ay over 10 lhyr crell such SUN
or sums they may nom inc to time deem necessary for
said purpose aud by TIE same section the Controller :
authorized and directed 20 raise said amount H5UVW
on the su,k OF the County OF NeWNOrk 20 be OF the
usual form AND payable within % years from its issue
In view uy conclusions ON other point, made ny the
papcIs Ga, B remaining question Is: Ought the Court
by mGidDUS 10 Gre,t Toe Controller TO raise the $780,
90 winch Ic il authorized and directed to raise ny the
seventh section Of Act of 1871 sufficient OF that
SUN amount IL pay the REALTORS claim, ana when
raised eL,r to nay tc clam himself or TO pay over to
t Comm s-ouers tier Iequisiton to he applied TO
the p ncut Of the claim ny item, an amount sufficient
u pay III and ou-t he Solnh sioheis by the baTaa
mus 10 be dr cCd TO make their QUESTION on me Con
uye 20 pay tie claim or ior the Conttoer 10 pay over
10 Them an amount sufficient 10 SATISFY IN, ahe
elsimi | have carefully considered inc eiaD-
mainly on tus point really think 1t may be c9nsldefsd
as really che only question IN the case nade ny lne
paperl and without ihat dhe 9neScUm IL EN-
,y from doubt. yet have come 10 tne IN
til. duty OF Il Court, on the case node dg INC
P S rco ciin on, of the $4,000 authorized
directed 10 be raised by t1e seventh IL Sect ttI
meni Of The order for mand0muS for such
purp0,e ard ~ the form Of the writ, the order ana
VIII should %, so ed as TO be most likely ana proper
q secure such a result. l think that SO much OF te
FIco shall have been used III paying the felaoUr
IAN sdIu 10 nave bcth III "a
completion ot the Courthouse. | cannot believe tnat
the legislature intended that building for the admin
ista on OF > should be completed, OF considered as
complete uu the honest and just debts incurred IN s
cOmpet On mad been paid or provided Tor WITHOUT
even adNtrtiug TO many OF the considerations Whlch
have led me uGer circumstances OF the case 10 put
construction on tie eth section Of the Act OF l8ll
which Will permit manddmus 10 issue IN the pCsI ioI
10 secure tc ulycnt Of the REALTORS claim OUT OF the
s-.O 40 al and directed TO be raised by the Con-
rucr by that section, viii say that the controlling con-
ION has been that cannot see any grounds iOT
Admitting thai the claim Is honest just, aud correct ana
at c8nu,t that the relatOr has any remedy ny ac
ton again the Board of Supervisors, OF City Corpora
lion OF Commissioners or any body or person or per
sons sr 40 way ~ which the relatOr can enforce pay
nieut EXCEPT uy mandamus from out Of the $5O,OO
authorized aud directed 10 be raised by the seventh sec
lin OF tie Act OF 1871. TIE bill OF the relatOr having
beeu audit ii aud allowed by the Board OF SUPERVISORS
approved lbs The MAY audited and pronounced correct
by the Auditor and paid in part by the Controller
do not think the reator was called on OF bound to
pr,snt H. uI the balance due on IT, to the Commission
efs for re-IiuutIng 10y tuem
Let the oru o. the order and OF the mandamus to be
de- and according to this opinion be drawn by
t cYuse The Ir.at.r, or one OF theln and settled
Oh motion ui Robinson AM Lawrence for the relat0r