New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-08-18
THE COURTS.
TIE NEW couRr-HousE bnLs

Az
CopvrIt,s SUITS FOR A MANDAmUs-h,h.,-
CUtENrs BY MESSRs. MCNEIL oDV"'
AND NEUTRALITY-SUSPICIOUS. REsEkV1''
The argument on the motion IN tne "a
The People ex rel John b. Cornell agt H. D. a,hors
controller; Thc Same agt Michael Norton rp same
Commissioners of the New Courtliouso' - o,co,,nan
eet fae Same was resumed yesterday -, como nav.
for the Controller said that the ehaft's mot ho made
,,o,,. Of te Controllcr were illegal eho"" - ,oroos
houVS vi '"o - arron,ed them. The eha'sos
ul'l' '' or,, ON INCARNATION and bolef anu '"Uu'u
y, ~ ,or,oincd by the Courts ana even u - -
hd rotbipp 10 do with the OF the law
considerable 9Th that n3SI n nssioners had power
:: ISL tn9 c $40 Goo to past de6ts tb oycd IN
i'm he wording Ike the so yment Of all past claims. The
sepa,ste os Tor the comp'eton 4 com
wording va, "A The payment Of that lhoeOeuhooS 0'
Plele the Cmope for the Commissioners ars feo m
by the az 0 S over this building, and the Mayor was
rsPbori5ed to appoint ComInssloeps , OF 5000 GOO
House and for that purpose te sum VI tSc CD
Court Ipratod, and was 70 he psld out ~ tne M t
,iSr lpon the vouchers OF teSG S, t hers
could not pay one cent WlChoI' .i seCS 200 s
ConuS a. regards the Commissioners, the S6OOO Was
bopery question here Inc SC5 p fne tn
ease Int there Is authority TO make any aets
done by them binding upon Ine t h @ hind
S"cheT me- dc prior 10 their appointment Das any pihu
inc edect upon them. The act OF 1871 shows TINS. -
the $4,000 was appropriated Tor Ine purpose 3a com mn
he Controller. The act says that said Controller shsl,
q
Court House pay TO their credit such sum or SUMS
as from time TO time they may deem necessary lor Ts
work of the reatUr was done long before the Commits
srers came into Office, and If they hold that the D WAS
audited aud the Commissioners succeed the Supervisory
they have their remedy against Others tha INC t m
sOnors but say this bill mover was presenter 20 US
for auditing and not called upon 70 pay u UNI IL
has been audited. The Commissioners were appointed
a. Cusodans OF certain fund, ana arc MOI e9uuu w
acts Of the old Board OF Supervisors. MI hoheu taSn
called the attention OF the S0ut 70 tS ~ conrsct
bin which ne said had nothing 10 do Win Le Az
In question but maintained that even tney udu INC
Commits toners were not bound 10 pay 'n 'uo siou
Mr. Lawrence on behalf OF the rolator. said that she
Controller admitted i'm his affidavit OF Aug a. that theIe
are funds remaining in the treasury 'g.ly hp'"ole ~
the payment Of this D ana read INC "u"NA' i S"IP'
MT 0'Gorman made some remark in reply, and Mr..
times mast; he knew Mr. Connolly very wen aud knew
how 10 synpatlhze with the position OF Mr.. OGOrman
dueed financial statement issued by the Finance De-
partncnt of the City and County Of Hew-fork, nom
account OF The New CoUnty House to the Comnls
soueTs their roquStiOn. This he continued Is the
sum we have speaking Of Is 10 he supposed that
there is any difficulty in dispOSng OF TINS C0uGthouo
stock or any valid legal excuse for the Controllers
to raise it, the simple fact that he has not exercised
THIS power answer to this application TO compel him
which he following is a summary:
q The rehor mandGnus TO compel the Controller 10
pay his bill provided he has funds applicable 10 e rani thereof
maintained sgsst the eoulty to recover
having aud Ted the M te hudfor having
Ind allowed sme the Controller having approved ly paying
portion thereof he Is bound 10 The balance
audited sOs TO take
or eject the right Of the reaoT T. msndamus .
1.-THE whole exhausted pGvnert ~ t
uti Iad said frnd Of 1853 tbe or 10 still emitted 70
.uspi on the et dsclosed b the rsacfs shiayi
he Commissioners substituted for the Board OF Supervisor
ami therefore boand hy the COL cations
oi the Court House in The acts Of
authorized the pa for work already done as the
could q complete Or
avoid their liability tie esor ont OF
Ne sppoPnalon SGo slow thai The fund has Teen
kgiimately exhausted
6l570 49,. .
reoPs bin Ghond he paid ont Of the 500 900 obtained by
Ne Comm 1s0lrrs. Tequis tou from the Controller
a. If shall be shown that ills S2 has been expended IN pay
et Of other bills legally entitled be paid FROM The fund provided by
Of entitled OF
a 20
for
nandamus notice directing the Commissioners 10
There technical dihouy this because the re-
tOT ec5cy demanded from the Commissioners uh they dIAw
heiT rq1isihon, snj also that leg pay this bin
Large suns paid subsequent 10 the
Htng this bill snd prior the act Of 1910 sad Gsveys claims
Che Controllers tau@s
fraud the Or whose work had been previously per
bnncd nj,
IS in tbis vel he 'eohsied
utI@s remedy.
Decision reserved.