The New York herald., 1871-10-13

II possible. Tas section does not stand by
se asns ht ous sec,.on as 1n',n' 70 the same
act provision Il maze giving force TO TWO acts
called Consos astsnat Is proyidng ior % tme opsys psy
raised that year. but by cOnsols. legislative inter-
preation should not be governed by the mere ieter
llllbera interpretations sacri1ce the spirit 70 the
letter. which Your Honor, am happy to say, never
has dono and am sure never Will do fne oD ect ls
to get the viii OF the Legslatureat the spirit OF
Inc act In this very act was provision SUSTAINING
tie Consols act and for the payment by the issue OF
Court House, showing that the Legislature did not
intend to use the word "expense' IN the broad
sense Of all payments: but IN n the more RE- narrow re
ton up before Mr.. Barnard In the Foley case,
and he decided that the Departments OF Docks and
Parks had tue power TO issue stocks anu bonds LOT
their purposes.
Mr.. sTRAHAN-You don't mean 10 say that that Is
Mr.. WGoRNAN suggested IL was better not in such
Wholesale way 70 condemn the action Of . learned
Judge ne did think tins particular par. correct Is
Orders and he thought not In ali respects carefully
done. IL must be interpreted by the opinion gwen,
and this opinion was that these boards. having
great worK TO DO aud being above suspicion by the
acknowledgment Of all men, should be allowed 70
supposed that the Legislature would, on the 18TH,
direct great work, with long. far-seeing Object
away the means, while leaving the dutyl Tney
asked that the commissioners Of the Sinking Fund
nsS RI sa. ssS S~
ceive the other $600000 II they did not then
the contracts entered into on the faith and asted
fail. ana suits be raised disastrous to the city. II
the law did not authorize the issue His Honor would
one time entertained such doubt but the arguments
he had submitted had persuaded himself.
STRAHAN'S ARGUAENT
Mr.. SrRAHAN made q lengthy rejonder on behalf
OF the deputy Comptroller. lie nrst read the fol-
lowing aiIldavtt:-
TAs hseps &c H. ,eA1 ~: As'e q. o., Rishara w B.
s.,r s"nn1y M To,v s ~ 1ssn heinz
duly and says h. S ns
cy New under and sS.D.sI
j! ssssPss.
ss.p. n' tho ssD.n:s
Of Ss city ne H sns 4. ane
poses thereof, only iawfuy provided during
he Fight
81 ss s :ns and Rs ons
Of ns c'y for the ,psSnsa ~ ae adsv Of the
upon
Sworn before me this 18th day Of October, lsl-c W.
He went on to say that he dld not desire to utter
a single word against the Departments OF Docks
ana Parks All the Deputy Comptroller desired was
that in the very delicate position in which he was
placed toward the heads Of other departments he
should have the direction OF the Court. Now there
were some PROVISIONS passed the 18th which were
by general confession, repealed by the Two Per Cent
the PROVISION for the apportionmento Of moneys the
argument from inconsistency, could hardly then be
Ts Two per ce@t s aI % the the
same for 1872. 1t expressly limits the expenses OF
all departments OF the city to that The act or
the Department OF Docks. This act fixes the total
amount and provides Tor Board OF Apportion.
that all the money lawfully appropriated TO any de.
partment was exhausted. He could not go beyond
sa s an p A
portion to any one department. 1t was said that
under the fourth section provision made for the
yCStr nj fhor1Ad hnfl 4 Wnn ha mi
applied TO the bonds authorized by the Consolidation
act which was expressly saved by the last section
Court House bonds, included IN the Two Per Cent
act differed entirely from the other purposes OF the
opinion, II was as he understood It, that the Boards
Of Parks ana Docks were not restrained Dy the Two
Per Cent act from such Ionds they were
that they had no need OF coming to this Court The
Deputy Comptroller had no favOrs TO bestow. lie
act entirely on his own judgment, and wished HIS
Honor to interpret the statutes affecting hlm In an
tation was he would shape his line Of duty.
MR. O'GoRMANs REILLY.
to say against the Deputy comptroer ' I'is he has
taken the fa,rcst way to find his legal duty by sub
TACT that inc work on the JOCKS must Stop IN case SC
the bonds were not issued. II the law were so 1t
ha IN n nae
law. lie had used it merely as an argument OF
what the Lssa'qre WAS y to have ave
Legislature to repeal on one day the act
OF the previous day In this il was their clear
duty to consider what was the manifest intention
OF the Legislature.
After hearing the argument the Cour. took the
papers and reserved Its decision.
DEPARTMENT Os PUBLIC PARKS
No sooner had the papers In the above case been
passed up TO the Judge than the motion On benaf or
the Department Of Public Parks followed its order
Mr. vanderpoe took up the forensic cudges for the
latter department. He commenced with reading the
following statements, purporting to show the dc.
fcf a
statement OF written acquisitions made for money
by the department upon the Comptroller in accord
ance with resolutions OF the department. the dates
when such requlsiti0ns were made and the amounts
due thereon
Ias q Aecoua,