The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1871-09-16

slune oil the Bureau of CombustbleS, states
that the license Of Klueber & Goldschmid ex
pired on the II b of last June and it's rene wal
has been repeatedly denied. The Fire Com.
missioners have commenced five suits against
said firm for violating the law foIbl0ding the
storage OF explosive compounds in the city
The law affixes fine not exceeding $4,000 and
imprisonment not exceeding five years for each
offence.
Judge Barnard DEGREES the Injnuction
Perpetual.
At the close OF the arguments in the matter
of the INJUNCTION against Hail. Connolly and
Others, Judge Barnard amid profound silence
delivered his decision, granting the motion 10
lake the INJUNCTION permanent. He said with
regard to the point raised that the two per
cent act was unconstitutional that he would
declare the act to be so unless it was very Gle ar
on the case, and he had no such clearness aud
would not take the responsibility, and would
prefer that 1t should be heard more matuIely
in the general term. The plaintiffs having
clear right to sue, bring an action against four
defendants officers of city government, asking
among other things that the supervisors be en-
joined from raising taxes in 1871, till certain
things have been done.
Second, that the defendants be ordered to
meet as Board of pportlonment and do Ger
tain things.
Third, that the Board Of Supervisors be re.
strained from from paying claims until the
Board OF Audit met aud set them aparts
Fourth, that the mayor aldermen COM
monalty be! restrained from paying airy ex
penses except the Board of Audit set them
apart
Filth, that the Comptroller be restrained
from paying CLAIMS 10 excess OF the amount set
apart by the Board OF Apportionmen AID from
paying any debts insured to the New Yorb
printing Co., N. Y. Transcript and Leader
Associations and Statoners Co. or any OF them
aud that he be restrained from raising on be-
half of the city and county of New York, and
Hoard far n1ly
penses OF the government of the city and coun
~ for 1871, The complainant also charges
conspiracy Oh the part of the defendants by
combinations, collision and fraud, to obtain
the payment of dishonest claims on the city
and county freshly, aud that they did other
acts wrong and fraudulent. That allegation is
made on 'iniot nation aud belief" and that
the three defendants deny it.
Tweed denies that there is any truth in the
allegations The Comptroller denies the same
way, and Mayor Hall denies it 10 language
equally as strong. The amount of beiet to be
attached to the statements as made against the
defendant has been and can be weighe by the
statement 10y the counsel tor the people who
had last addressed the court, that he did be
lieve defendant personally interested in any
OF the companies or ASSOCIATIONS named in the
charges against him. Then comes in pont
of law to be borne in mind. Where an aliega-
ton is made information and bel ewing
Que side, aud positively denied GU the other IL
is to be taken q favor of the person denyln-,
unless other circumstances brow disci edit on
the NAH making the positive denial. They also
charge three of the defendants with having In
CURED vast liabilities and tar 10 excess OF the
appropriations allowed by the lie ,slature.
Their answer is that the two per cent law did
repeal all laws previously executed for raising
revenue in this CITY and county. L dfer from
them l think the two per cent. act repealed
all laws except those giving power to the issue
of bonds for The Departments OF Docks and
Parks, and, therefore,, those expenditures will
be taken INTO the two per cent act.
Departments OF Docks and Parks have the
right TO issue bonds whenever necessary to
carry the duties entrusted to them by them
No suspicious or allegation OF frau has been
charged against them as tar as can lad from
any paper here or any statement made. There
is another allegation or complaint that large
claims amounting to seveia al million dollars
have been paid out TO persons having noa eXis-
tence, no legal demand or claim or right To re-
cover, and the allegations have not been derry
ed as | understand by the defendants in their
answer.
Mr.. Beehive deny any knowledge of a
fraud ulent character of the claims.
Judge Barnard.-BefoIe the preliminary in
junction was grated in this case ii became nee
essary TO enquire whether uGder the words
Expenses OF the City and connIy government
| il was the int ntOn to stop all works on pub
lie parks, docks, streets, etc. and the counsel
| agreed with me that 1t was not the intention,
| aud l said as | now shall rule today, that
| parks, docks, charities, police, erotou water,
| gas wo ks, he Board OF Education and salaries
| are not included IN this il JUNCTION. Sums to
| pay the salaries OF employees OF these depart
ments are supposed to have been raised by the
| treasury aud paid away wrongully; they, as "A
| matter of course, are responsible and must
| see that proper persons receive the money.
| (Applause) 1t is charged agsinsttwO OF tue
| defendants, the Mayor and comptroller, witt
having paid dishonest claims, knowing them
| to be such. The comptroller IS the clty's tinan
| cial officers, entrusted with auuitlng aud pay
ing almost all bills, and even alter the rendi
| tiou o Judgment he still has power to appeal
| and has paramount and supreme power, and
| it is on him than all the other officers TO
| getber that the people rely for the prevention
| oil trsuds.t 1t sis not spossibleE TO perpetrate
| or take dollar from the treasury If he sees
| bills coming into his office properly audited.
| 1t is DO excuse to say that his subordinates
| may deceive him.
| In reply to Mr. O'Gorman Judge Barnard
| said he did not include the ISSUE OF assessment
bonds payable by property owners Tor loca
| imprisOEments. 1t Is possible for them to d,
| SO, but it is crime ii ii be done. On paying
| these various CLAIMS of outrageous character
| aud bearing on the tace of them the appearances
of being better than higu-hand rooblng, il
was his business to have examined carefully
the vouchers and satisfied himsslt that tn,
charges were correct and the services perform
ed, and il he failed in that he failed in his dut,
to himself and to the citizens and was gull
OF criminal negligence With regard to tn,
duties of the mayor he says his duties ar,
merely mechanical, and that he signs warrant
| as presented oy The comptroller and although
that may have been his practice and presum
it has been Tor years, to sign checks withou
looking, and l have myself as commissioner
signed checks Tor millions without KNOWN.
| that they were correct, yet the community ex
pect, or at least hope that whenever al act i
| required to be done by three or four persons II
recuiyingla bill they will not rely upon 9th
ers but will see to IL themselves. l am no
| lusuhed under the circumstances In sayln;
the payment of those bills by the comptrolle
and raising of bonds by the Board of Appor
tlonmeni authorizing me toasayttbat they ar
entitled to the confidence of t. e court SO as U
permit them to GO on and spend more money
Having failed iii oonst quepce OF omission au
= not o. commission it is my painful duty not
allow another dollar to be paid from the treas
ury or another bond to be issued until sue
time as there shall Je some alteration IN tina
board. (Applause.) 1t may be said that 1
consequence OF granting the order the city an
county government will be dsorganized.
have nothing to do with that. have pial
duty to peiform; not pleasant one, but on
which l cannot avoid. Whenever propee
case is presented tor injunction it is my dut
| to grant it. 1t is said that there is remeo
for the purpose of trying charges against u
| comptroller. L know OF no such legal remeo!
(, and wherever there is no remedy against ro'
! ! bling the community it is the duty o. a beoc
r | OF equity to insert remedy, and II none eA's
| ed the court would be justified in resortlnS
any meas in its power to prevent the cout; II
. auce Of that state of Thugs. tits discredit
BILE to the city. We have the credit OF the GU
a at heart whel her aged men wishing to gN
their ofipring an inheritance or middle age
men wiling to provide for their children,
the little infant in the cradle We are all II
teTested in it and looking for relief to preve1
the cohtisnation of other property the lnIun
tiOn is grained. (Erantic apDlause.)