New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-09-15

amounts which have been expended in 1869 and In 1870
the complaint proceeds to allege while the sums paid
and Claimed for adyersing, &c. during said years pn
the plaintiff is informed ana believes, equal the sum OF
s7,Oioooc. and the amount of claims not paid ex
this allegation IL unansvcred; that While the
opproprntont T'To but fsoDo ne suns paid ana
sem ID Of sOClOo III regard TO tli7 avcrmcnt II Is s
of, and rrInircs no answ.r Again, IT is sufficient 70
say sccon that has - sort Of rel, rancy to The qcs
general pntatiGn upon thc character ard integrity OF
these dctcniants wDs Nciy hauy :! sec, by the very
SIDE tn notwithstanding tni' complaints spr tlri I'll
over with the gro,cst imprn3ns hci"'L me %iyG;
" ahoyn It's Spirit, ana rrfrancd flon rcpcating
it, We next r"%e' the N cnnty ' bu fS In
REGARD 10 tn" specifications touching tl' oXlrnditnr
they llo PERFECTLY immatcrla in l'rll point of view,
Of tncsc dcjcndants; ard ;nISnch they do So each
Of lcm felt it an hupcratlyc ,uty whcic q n.te
shnnld hr maze; and have, therefore, the iacc 81
these answers p. tsentcd our Sl aton II i probable
lion made Of Il at Payment, the surrcptons procure
meat Of the vouche on with fncae InJmrniS wEre
nation nc exists at this hour on mated Ny Dc avh
ref rrct TO s"oon4 "I t." law We o. , pax ., III. nr
OF Audit Specially created for Inc piIpo, "a pay 'h t.c
outstanding liabilities agS, c. i"o T Ty W arr VIZ" ts
been done. tine appropriations made hha Oe,n
EXHAUSTED; thr.a claims were rr,"'"''" "
TIE DEBT EXCUSED.
AsIlovc stated before the cd regime was to die and
f.. now ,ovc nu"ni was to hc inlugir1iti AMI th Is
t., mart OF the ~ rogatcd Gcht with winch the gentle
lncn on the face Ct their complaint swell INC charges
AGAINST these Gc:eHGants Tie "iatdrc says 10 these
three officials, al !lc existing liabilities Of the cry sa
b. c,rtihe aI =? BY Lon fIl hey en- reg rn tiG
Gi-c,Iar @ Of "a duty. Wha happnSf These DIS az
hIn aid.vitN sho". "a" lrt>t h''a 20 t,3 Aot ~
Of AGd', and upon cach OI H. m N'' ne , ~,
tic 81, Inan Oi ti' aupr0pi1tc connll'cr oil 'he on
Loarl OF Auditors, authentic 'u tr a. era ms ''i't.
the riiy. Your Honor NO y Tat IN M 'op'i
,nir. there cX. (. Lett note lrt ! Oh 'f '"it II
utor. 1i"y ~" referred 70 thH AUDITOR ar? th
b. the AUiilnr. and IN taf coHh'Ioh OF tnip@S my
cola" bruogc this Eoali % Auit un, or tiH
T. r:i n ;2 &c 1 t"t NV were not in lie
ar?i?gc Of the art liabilities, brcau'c they were created
in ayncc III" teen existing provisions OF TIE saw,
unl that :cn f)ao they eoaid Eot De ecu iiilii,n'
Int yon~ uo, IN CostcriaG and applying III" hialur,
onr f ,hc first oanoAs Of c4urtinn Is to look AT inc
eoHdica Of, Of 'nG fGo' S o rS t fT" Sxi,cI
We know TIA! they werc clIms a9sinSt Tie ny; We
h ;nTc '" ai we zee hat the Leltgrc required Lat
tiry Should he auturd and raiL E"", Is u no a
yCry singular argument to say that notwillstamd ana
ing that these claims existed and were pre-
s"ntcd to tie Lcgi:hlturc-ao,withstan that The
TI.o.c VIZ cxhau, ted. rs ne complaint shows. yet
ra the TX iie sloI! ss an act cF - t - tEa
for thr puior 81 paying thcm leaving II Open 10 me
cxcfp ion llat t'y were created contrary to law Ihe
ans y + to il Is, That act OF the legislature IL legs
tIye recognition OF these claims, and an exemption Of
these claims from the prey os IlWS any su"h rAStcu
Bat learned 1HiCfU', t1eNc ci't.nlS 'l'
Ips tnny are wicked and taGiiors you o,l:ht NOT to
1--we aiitol and paid them it VIZ Eolr dirty to Gxam
shown" about the naiticrIicy end pres .: h"sin'S
about lie li>abic ii?iIy and iHi;hniG"'No OF Sur
%g sisa ' obic I to the the Terfoco Of h@
dn;y. yon ,lo'l have cNainn"d th,m; ard ron if
shond Lave rpniiaod and ro, rTor'e of 'n EmGit
lad no rowcr TO do it in the condition in which the
ci"ns da;a@ Gcorc IT, T.ir duy D YG. "a, S SmPGI
vn,r non 4 II IT Las been l,,ci,d in this STATE thai,
IN he arwarrc Of claims, lhe action OF ne 3ard o,
lj ,'T i ton ben r:;erri-eh oh,"ss. l. y
nj roy"Ma!he; 1t Is a'."inr ~ 1t- i'', " ; ','i
modes of ro'c''irc
1ur BOARD OF AUDIT II. rErDIc AMEHT.
Il happened. lg zine that WAS en-aGe1 m
u c.sr wl.rc tins question T.;S Cai.h"' aht II your
Honor should lind occasion to look over The
opiuion of Justice Potter that Gcc"sian. yoa
will ind most full and elaborate dsGu,itioa
Of oil the authorities this subject. Among then i an
:tric ~ opinion delivered ~ t!t y"hc -atei ana
sx,iaGt: "rge t:xins OF bill of COSTS" the Court
sdd. is 'Gitid act c,mcn-'" mon "A rlr:'e" u"!h
son 'ys. THIS is principle" in" lent to The highest
an 10 the huu'''t officer in ne St"r' ara the
exercise Of judicial powers r. r"t EtiHi"ir exc pi iron
allnal" II II Ttic O'hrTri5 We ~ MA Ia nU hl.
a,.l.c, I, Brarj' OF s"trni "oIs Wa "G!rrtnHtie
c''r..h il TINT case 20 oc"N r"t9n moi lay3rtI ty
tic action of the Board of supervisors, has been orl-
esd b. suho-qtcAt decisions, IN 1OA Nov DIX "y
lie over Oh er'eequ"nt Boar! Of Supervisors
10 ri :, thr ld'ci' actin -! prcrdn Board. there
nriror,h; Il ToulG he onrei, lco.sIs;ent Win TIE
vvality si?rn to jmlri1l iccisiona TIL" Judgment Of
nav .cy uuon any shirct IN the exercise OF Judicial
d.rc:iu where h, c:ilicl ungn for rolr drco.cH.
i, conc iusirc cxcrn. np"n app Il IN the madr te lazy
superior tribunal, exert in accord nee vi m rms
Of law; can ti,y diS5r+aEi It, .r KY, what , e3n-
the Gonirolsr, the Mayor, AID Mr.. F.tl. At the
time that th sc bills were presented Grant lhe
A :
pr"cat, the wroh;-'br Gue-toH lr1dllY present. =,
nmtit and payl Where WIS d. ,r"tian exercised, ava
crp; tie mere MINI, .al an lorna ac under tle JUDI,
tI 0f Ia. l., ai stre t TIE claim, then cGiNt' ana
10 wh.rl rhis sGctou Intended to rrply, eHs,ing
ami liked liabilities against Tie civ Which Justice and
honor rcuur d tncm 10 ray: Now am AWAKE Lh' u,
"a, In snbmit to ypnr that the orrc Of the
word audit does not destroy the int.i1l, f9h oil '.ie
stluc an the force OF Tie principle to "hch have al
TIE RING ErLoGNED.
knoG, thot the tenn arp:it may imply IN
yc tiga Ou examinations bat applied in these special
nets | Insist that it simply means that formal act
OF certfcaton which was required OF these officers tor
the purpose OF authorizing tie distributing offer 10
make payment. BIT M friend says We do not produce
the vouchers. Chi BONO -why should We produce
thema You charge lis with auditing these claims; We
.ar we dd and present you facts and circumstances
under oath which Justify us in making the payment
TO be reversed in this cast! Whose duty is it to make
ont the caSepOn whom rests the Onus of proof Is
il 20 be tolerated that private citizen or high unc
t;ona.y Of TIE city can be brought into count upon
cl.nrgts OF this character and hcn he meets them with
proiip and sufficient exclamation, With a fll prosecute
ton legal right and Justification OF his act can he
be compelled to pour upon this Court all the vouchers IN
his OnlCe and is it ground OF inputaon upon Ills fair
md integrity that he fas No all that these Off
GERS had to do to the allegations Of the
plant, and when the issue comes before tie Court then
the vouchers and the evidence IN support OF that denial
will be presented, and not until then. however public
clamols may and threats and Intimidation may sur
round these officers. We shall comply with the law We
shall meet in the forms o. law. we shall
meet them with this imncner"blc defense with which
we are hclgrd about Another feature with regard TO
these claims, which should be PROPERLY considete Il,
Iii, ROanl OF AMdlll A. the hell VI u sl0OI