New-York tribune., 1871-10-13
appeared for :ho Department Of Forks, and Harrington
and Hoe respectively.
Mr. O'GOrman said:

Dock bonds as in the anidavit FORTH directed hy
the Commissioners Of the sinking Fund, and to sell SAID
bonds provided by law, and dc post the money r.
ceved from the sale in the City Treasury of orh
to be drawn out and paid on thr reQd,iiion OF tr h
Of Commissioners of Docks councriGn,d by the CnnnN
sioners Of the Sinking Fund The Application Is n i""
on the affidavit OF Mr. VIM Wood one OF thS '"o,i ',,-
siOners governing the Department Of Docks HV,In-
forth the provisions OF the law {" oi lSo c" nv Comnns
siOneTs of the Siukiuc Fund 10 require the Con,ro
issue 81 ,OOOO0 deck bonds; that IN accordance t 'oh
trolier issued dock bonds for $450GO III June; N " M
subsequently another $250OO, which were eNVrtvu On
soners now Iay Tor the issne OF hc other portion of
the said <lOO0o0, and the Controller TinStS ~ lS"
Mr.. stralan then read the following affidavit OF
Deputy Controller Green to the effect chat he Is advised
that by chapter $50 of the amended Law OF Apr l' iS
for in the manner therein specified and that inc rca'orS
have Iht to ask or dcpOnrnt I" Issue uocA 40
required III lol and 1874
MR. oGoRMAS's ARGUMENT.
Mr. O'Gorman-NOw, II the Court please appear I'D
this case on behalf the Department of Docks, ana
against the Deputy of the city of Ncw-Nork'
and time that have been placed IN the po
son of appearing even formally in Any case against the
head Of Department Of the City G"vcrnmrut lndong
So, is proper To say that hc mnSs ~ ~ We lursn
before yout Honor Is in t drcOFGdHCe run me NtSteS
Of ne DeDltig Controller hunS'VL ,
fonUG he Irovision ON which tie Docl Commission
depend IN tn. cmcnt. That act. III which that sec
cominoIr ClIrG tie charter In are ST forth du-
ties a., yJri"uS Dcparmrnsof the City Government,
poses thai are hc carried out by ihcm and the means
c BY which IetGr I f 6 G Of
Dock, hr, passed IN what i called The charter ot
49, 1 @ a oa 1%snafd eRsaS Of ana s "W the he
Will of the l." -ltGrc, expressed on the letn O APRIL
Tgi'Liiv, ill., tlcrt can be io doubt iat these BONDS
now prayed or >n9ud he issued ana that we are M en-
titled 10 ir mandate OF thus Court. directed 10 the
head ot th- Department that they should hr issued
The Jur I Co.. ,hcu Is Has thr Legislature in any way
rcpca,td i.,; act! And now com" II the act winch
act IA , o M 18Th Of April one day after The passage
-
which l.Nr lcllr,d. This Is an act " To make po\lS,
ION for the cov' ut Of the city and County OF
which provides that the sums raised lander tne
AID County Government for all their appointments ana ana
Interest o. Dts dllnS duc. dd ne Imhty SAiiI b ~
cured iur iuI o>r, either Uf >"d years. dlh3int
add"I> ,.o, dcd Sow # tut section stoot by r>ci
there ilr doubt ON H. qu stun lhd section
In due section ..noUntS to be pad ~
taxation that year Your Honor Nj, Md S,Gtton 10
giving tore" the provisions commonly called the Con
so which provides That bonds COMING III
1,r 5 arbc r. ! cd All % cosos; ~ 50 that ne Ics>Hrc
itself points that does mean to he governed by
the mere letter of that provision Provision IL also maoe
shall be- the late Sheriff Of the City OF New
for the completion of the NewIork County Court House
that the LEGISLATURE III That act clea! was not 9i the
opinion that a the expenses of the cliy-glNhg TO me
word "cXprIsCS lis large intcrlIcta on-must be pdd
out OF the taxation OF that year Therefore submit
that the word "cNcs"s' must be gwen such nltTpr-
taton 20 make the clause consistent Win the
i and IN t6n word =. rypcIscs" We must
give the meaning of such outlay as is ordinary as may
be called EXPENSES and S Is Aot provided for
other than hv taxation. NoW Ills qltst"h cam up
Dcio5G re- rs d0ior Su'EG i ~ t ia Tt E o. ] Un
expressly dccdcd that the injunction not intended
the issue bonds required 10y the Dock Depart
Inent He said: The Department OF Docks and the
Department Of PARKS had night to issue bonds when:
i'll their judgment j. necessary for the purpose OF
CARRYING on the proper duties ntrused to them by Law
Si Judge lu1' was lH'''"A' .4l'n -D'' 'I' ,1"''
junction order subsequently settled hold that, far
the opinion and order OF Judge Barnard can be In
terpreted the meaning Is that the Dock Department,
being free from all suspicion its duties hein honOraoy
performed by the admission OF al men, tiat hollinC
necessary for jhcr That can only lc raised by
bonds. tfthe interpretation given to that section hv
iurists is to he adopted, it is clear that there
is nor LEFT for the nses Of me llty G"Icnnct sum
sufficient to enable the DOCK department TO carry Out or
to begin the duties imposed upon them 1t is urged
any purp0Sc What does scctionl say Ihat no bonds or
stocks OF the City and County OF New York. except those
Sinking Fund and bonds to be hereafter is
sued" II the meaning Of section was that no bonds
10 be issued what is the meaning OF section when
16e TI1Iiissonrr of the Sinking Fnpdl What bonds
city has issued them before to the amount of S00
have appropriated 100000 purposes
Of the Department Of Docks that the balance $4,000
executed and TO be carried out must fail and suits
will be brought against the city Tor thelr nOhpclOrh-
ARGUMENT FOR THE CONTROLLER
Mr. strahan, in reply, said:
The question which raise and submit to your Hon
or Judgment upon the provisions Of the Two Per Cent
act are simply these That statute provides sccton
20 the entire Of money which is TO be raised for
the purpose Of City and County Government during the
wears 1871 and 1872 and limits the amount in each
to two per upon the valuation made by the Commits
of Taxes and Assessments and TO meet any ex
during the present year. allows that sum TO he
added in addition the two per hut makes this
Proviso that the aggregate amount raised, including
the State taxes, shall not exceed the amount
Of t25.OOOOOO in either OF the said years.
raised for the purpose OF carrying on the City and
County during each OF the years 1871 and
1872 Scctlun provides that from the raised in
each of shall he paid all the expenses OF the
and purposes for each Of the said years ana further on
It provides that liability shall he incurred for any pnr
poses either Of said years which shall make the aggre
gate expenses Of the City and County Government for
each OF said amount TO more than Two per cent
upon the valuation aforesaid, with the addition thereto
Now. your Honor will notice that under the section
applicable 10 the Department OF Docks. II Is provided
that the money be raised by BOND LOT thT purposes Oh
that Department Under section Of the Two Per Cent
sc it provides that al the expenses OF al the @ art
ments Of this city and county must be pld OUT OF tne
amount which that statute authorized TO be raised NOT
exceeding In the aggregate $4,000 E", t 9, ~ u he nE9 n
ANY imputed 10 him that there are no Iunds 1of
carrying on the Department OF Docks: -, w.
MIR. OGOrman-NOr do we charge IT upon the Deputy
Mr. strahan-The Two Per Cent act provides, after de-
carng amount which shall be raised after declaring
that from the entire expenses shall bc paid
provides that there shall be Board Of APp0rtiGnment
consstpg Of the Mayor, the President OF the Depart
nent Of Parks and the Controller of the City. The De-
partments which have too little must accommodate
themselves TO the circumstances in which they md
themselves placed they must not sttempt to
break the law, or do anything inconsisen en-
in the exercise OF their discretion not given them T1i-
cient the purposes OF government and II VIII not
this work and that work must De stopped, because
purpose Of enabling carryiit on. Why, SIR the
"A