The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1871-09-16
N < w Y 0 R K
The Injunction Case.
Judge Barnard's Decision
The Injunction Case.
New YORK, September Is.

SAID he thought he would be perfectly
safe in not arguing the case at all on
the part OF his client, as the accusation
OF the plaintiffs had been made with
afiidavits distinctly defining under oath
all the allegations made in the COM
plants. His argument was a general
denial Of all the charges made against
Tweed. Judge Barnard, counsel for
the prosecution, in closing the case, said
that he intended to confine himself
strictly to the legal aspect Of the case.
The true facts are these: II the two per
cent. act means what it says, the oppo-
sttion has no defense except that the
defendants think they have right to
expend what is meant by carried in
the act and as much more as they
choose. The act means what it says or
nothing, ard under that act the ue-
PENDANTS have been guilty Of gross NAL.
administration in office.
The Board of Supervisors admit all
the averments of the complaint, except
the fact that they were about to issue
further bonds. The Mayor and Com
monalty also admit the same facts in
the case, and the frauds practiced. The
Mayor, in hisanswer, does not deny the
allegations of fraud, but shields himself
under advice Of counsel, that the charges
are irrevclant and that the account
omits TO answer them, and thereby ad-
mits the frauds.
Richard OGorman said the Mayor
did not admit anything Of the kind, but
omits to reply on the ground that the
charges OF exorbitancy in 1869 had
nothing to do do with the issues OF this
action.
After some sparring between counsel,
Mr.. Barrett resumed his address, and
concluded by asking the court not to
send the public, who came for justice,
away from the tribunal without receiv-
ing it.
Decision Of Judge Barnard.
Amid the most profound silence,
Judge Barnard proceeded to render his
decision. After reviewing the charge
brought by the plaintiff and the an
swers made to them by the defendant,
the Judge said: Before the preliminary
Injunction was granted in this case, it
became necessary to inquire whether,
under the words Expenses of the city
and county government" it was the
intention to stop all works on the public
parks, docks, streets, &c, and said, as
[ now shall rule to-day, that the parks.
docks, charities, police, croton water,
gas works, Board Of Education
and salaries are not included in
this Injunction. The sums TO pay
the salaries of the employees of these
departments are supposed to have been
raised by the Treasury, and if paid
away wrongfully they are, as matter
of course, responsible, and must see
that the proper persons received their
nav. This brings me to the last allie
cation. 1t is charged against the de-
fendent, the Mayor and Comptroller,
that they paid dishonest claims, know
ING them to be such. The Comptroller,
the CITY financial officer, is en-
trusted with the auditing and paying
of almost all bills, and even after
the rendition of the judgement he still
has the power to appeal to the Court OF
Final Appeals, and has preferment and
supreme power, and it is on him, more
than all the other officers together, that
the people rely for the prevention OF
frauds. 1t is not possible to perpetrate
frauds or take dollar from the treasury
if he sees that the bills coming into his
office are properly audited. 1t is no
excuse to say that his subordlnates may
deceive him. 1t is possible for them to
do so, but it is a crime if it be done In
having these various claims Of an out
raseons character, bearing on the face
of them the appearance OF being little
better than highway robbery. 1t was
his business to have examined carefully
the vouchers, and satisfied himself that
the charges were correct and the
services performed, and if he fails in
that he fails in his duty to himself and
to the citizens, and was guilty OF Grim
ipal neglect. With regard to the duties
Of the Mayor, he says: His duties are
merely mechanical, and that he signs
warrants as presented by the Comptrol-
ler and although that may have been
the practice, and l presume it has been
for wears, to sign checks without look
inc and / have myself signed checks
for millions without knowing they were
correct as Commissioner Of the Sinking
Fund, vet the community expect,
or at least hope, that when
ever an act is required to
he done bv two or three persons in GER
tifyirg to bills they will not rely upon
others, but will zee to it themselves.
He speaks Of not having time to do so,
his duties so occupy his time; but that
;s not a sufficient excuse. l am not
justified, under the circumstances In
saving that the payment of those bills 6y
the Com ptroller, and the issuing OF BONDS
by the Board Of Apportionment author
ized me to say they are entirely IN the
confidence of the court, so as to permit
them to 90 on and spend more money
Having failed, in consequence OF TINS
omission, it is my duty, and q painful
one not to allow another dollar TO DC
uaid from the Treasury, or another bond
:" p ba ;ssued until such time as there
sbsll be some alteration in the Board. L
NAV be said that, in consequence OF th'
arant;no of this order, the city anc
County Government will be disorganized
have Dothing to do with that. l hav,
a plain duty to perform, not a pleasanI'
one, but one which l canno. eoa avo,d
nroner case is presented