The New York herald., 1871-09-12

pe9ses per- OF me government TO 30 raised By TAX and
tho plantlns complaint expressly shows that all the
PONDS authorized BY. the Legislature OF 1871 to be
Issued are additional principal amounts to that
plaln calls the Two Per Cent law the interest OF the
issue OF the bonds being for the current year COM
Board OF Apportionment. for economical purposes.
Sl.nougn section OF the Consolidated DEBT Fund
act provides that the interest Of conso
supervisors in addition to the general tax levy
ordered by the Boards Of Apportionment and Super
And this defendant further AYERS that having
Deen early informed, and indeed threatened that q
cOnspacy mond De formed aiming to cripple and
% Hmy inistake M or error IL might commit In pro-
ceaqIe ne mas IN connection with mis- associates in
lowed with the utmost technically and particularly
the procedure under the said Two Per Cent law,
pOrtionment Board (which Is the writ successor of
all the numerous boards OF estimate and appor-
monment I'M tnereoi existing with unlimited and not,
all the proceedings and acts OF this defendant as
member have been full, accurate regular and In
the action contemplated by the exception In sub.
division one Of the plaintirs demand Tor Judgment
commenced, taken by said Board of ApportionmenT
IN the very manner prayed for in the complaint and
that all the matters asked for to be commanded by
this defendant lat folio 70 and ~, have been Iuly
fairly and technically already complied with.
whatever were the acts alleged to have been com.
mitted In folio 81 OF complaint by this defendant,
they were done and committed not by William NJ
Tweed as Commissioner OF the Board OF Public
works. or as an oficer OF the city government, nor
by Richard b. Connolly, as Comptroller OF tho city
nor by this defendant, as Mayor or member or the
city government but as ministerial agents and
carry into effect certain requirements of law specially
committed TO their hands; and this defendant AYERS
that since his term Of oce began on the lst dav Of
January, 1871, or since the month OF April, 1870
when lie appointed heads OF departments Of the city
government, there has not been. TO his KnOwledge
cxtortiOnate or eXtravagant claim or debt or de.
mand against the clty government paid from the
by ns
cess OF law. And this defendant further AYERS that
for causes not now pertinent to state as he is ad
vtsed Nv COUNSEL necessity for large expenditures
OF money for improvements has been by the extra.
ordinary developments of the prosperity of tho city
the comprehension Of one year, and Impossible 70
be made rs gradual as expenditures for improve
mcnts have been made IN the past history Of thls
Ana this defendant, denying any connection with
any conspiracy or combination. as charged upon
Instead OF such combination the plalntlr has mali.
ciously consplred with many other persons to seize
upon this critical year In the development OF the
city's prosperity and of the extraordinary demand
upon It's ananccs to bring this action, and apply for
the remedy therein demanded, In order to embar-
rass the city government In Its operations and the
development Of It's credit.
Wherefore, this defendant demands judgment
and for dismissal OF the COMPLAINT In respect to
cause OF actlon aiso' and ior all general and equ.
sworn to before me this llth day OF September.
AID. 1871 CHARLES w. LAWRENCE, Notary Public.
AFFIDAVIT OF THE COMPTROLLER.
CITY AND COUNTY OF NEW YORK, ss.:-
nSd saSs ssns Sa
tIOn and ut tho time stated in the complaint In this
action was and stu is Comptroller OF the city and
And this deponent at the outset denies each and
every allegation OF fraui, conspiracy and malieas.
either by direct charge or by inuendo, intlmat ion
inslnuation or otherwise.
And deponent further says that he is not now, nor
has he at any time been directly Indirectly any
connected with or interested in the New York
Transcript Association, the New York Printing Com
with any or either or them or with any parties con-
nected with any or either OF them that he has not
6een nor sma1e Is ne interested in any manner;
them; that nc has not now, nor has he had any
interest, pecuniary or otherwise, in the New YORK
published IN the city OF New York, designated and
known the New York Leader; that he has pot, by
Ss 10 ao New YORK rns
caused IT to have monopoly OF the printing Of the
CITY aia co%1,y governments nor mas ae a Manuiac
aid or connlvance on his part, monopoly Of all the
stationery supplied to the city ana county onces.
Nor has this dep0nent, In defiance or any prOyi-
sion OF law, acting under cover of the names Of
other persons, or any other manner, directly or
Indirectly connected himself with any association
Win any object or design OF securing any sum or
sums from the treasury OF the city and county OF
New York, nor for any other purpose, nor has he
obtained through any such means any SUN from
either OF said treasures
And deponent furth says that he has not at any
time openly or secretly associated himself with any
other Official or officials or with any other persons
to set the laws mentioned In the complaintor or any
other laws at defiance, In order TO large pc.
cuniary benefits or any other benefits at The public
expense; nor has he either by or through himself
or In connection or association with other onlcals
any Otner person or persons. destroyed or re-
moved any BARR er, check or safeguard which had
at any Time been erected by the Legislature In order
To protect the treasury; nor has he at any time,
either by or through himself or in connection with
other olilcals or any Oiher person or persons, IN
manner, set &C defiance the Law or laws mentioned
in the complaint herein. or any other law; but lie
according to the pest of his ability to carry ont e2.
ecute aud perform ea0h, every ana all the laws
lating to the discharge OF his olicial duties ana
which are Substantially mentioned and set out Ia
the complaint OF tho plalntin herein.
Ana this deponent further says that It is true that
he has lately, IN connection with tho Mayor OF the
city, designated the New York DaHv Transcript
and tile New York Leader oIrclal journals or the
CITY and county Of New YORK. In connection with
TINS depOnent had not then, has he now any IN
formation or knowledge other than Is contained in
any other city Or county Ofilcal was Interested In
the business or profits OF either OF said newspapers
UT udu any pcCuultiJ lutoIcbto tHeTciIi.
And this deponent, IN relation to the statements
and ave:ments contained In foos 80 TO 39 inclusive
In the complaint herein, AYERS and states as fol.
lows:-That the claims therein mentioned, accruing
In 1859 and 1870, accrued prior 10 the passage OF
the acts making provision Tor the government OF tho
city and county or New York, and constituting
chapters 3S2 ana 3s3 Of the Laws OF 180 that sub
Quent To the passage or these acts sucn claims, SO
far as they puiporied to he against tho county Of
New York. were presented to the deponent In con-
nection WIN the officers mentioned In section 4
OF said cnapter 3S2, as liabilities against the
said county OF New York. incurred prior to the
passage Of that act; that prior TO the passage
OF said last named act said claims had been ccrti-
ned Oy the chairman OF the proper committee OF the
Board oil supervisors or said county, liabilities
against such county; that said claims fvr the
balance remaining due thereupon alter the appca-
ton thereto OF the sums heretofore appropriated by
the Legislature for the purposes 10 which said claims
rciated that the same having beeu so as aforesaid
certified became. as this depOneut was then ad .iscd
ana beleved, and now believes, liked liabilities
against the said county, and lt thereupon became
the duty OF this deponent and said other officers TO
audit and pay the said claims: that The said claims,
so far as applicable the city OF Now York. Ind.