The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-09-28
DEPARTMENT OF FINANCE,
COxPTRoLLER's OFFICE.
NEW YORK, Sept. 20, 1871.

NEW YORK, Sept. 20. 1871.
10 THE DEPARTMENT OF PAKxs;1
received from the Department OF Parks informing
this department that the Parks Department "lf
lures" aud that the 'iab0rers' payroll payable to
morrow for the labor performed during the two
Sll3 OO0n aad requesting to be informed what you
may expect from This Department" IN regard 10
the payroll OF the lab0rers due morrow
Tnis communication is accompanied by a state.
ment OF req1lsiuons, made by your department.
amounting from June last period OF about three
was at the time Of its receipt, and sun am, ear.
nes,lY engaged IN making arrangements for the
while not unmiadf1l OF their needs for The prompt
duty OF public officials see before they cnIer upon
undertakings involving vast expenditures, that the
Lawful authority to employ and 70 pay Is 50 complete
are matter or right and not OF favor. when DUE
The Departments OF Finance and OF Parks arc both
restrained BY the supreme Court the one from con-
excess 81 the authorization Of The board Of Appor.
over to the Department OF PARIS such moneys only
except perhaps the ayaiis OF assessment tonds as
OF which board your President Is mena6er.
All the moneys that It is authorized to expend In
the care OF the parks Tor the year ending December
81 next have long since been furnished by this de-
partment to you; and an amount equal TO the
amount Of all the bonds aud stocks authorized by
partment OF Parks has also been paid over.
From your communication perceive that you are
II not to he supposed that the Court intended to
leave the department OF Parks free to contract
aeofS 20 n anu 0,aSrs and az the same tune
ments are alike enJotned-you from contracting and
we from paying. Even II the injunction order Of
the Court which now Restraints this departm ent
were 10 be removed. 1t would appear from the opin
ion OF Judge Barnard In the Foley case, that 'the
Issue of bonds except the laws which give to these
departments Departments Of Parks and Docks, as
SUCH power 10 raise money by bonds"
1t seems, then, that this department has now no
power to issue bonds under these laws.
observe, however, , from The language OF the
partment and the Department OF DOCKS shave q
right to issue bonds whenever, In their Judgment,
the Proper duties entrusted 70 them by law 1 ~
II does not appear, however. that the very com.
unent to the case above referred to. nor that, II
they mad been presented TO the Court, this would
have been IT'S final Judgment.
In brief, then. 1t seems
F;rstThai department already paid over to tho
Department of Parks ell the moneys authorized 70 raise
par.men OF Parks enei eIpend for these purposes
y til. Court
raising money any bonds assessment other and from
and the Department Of Parks from mourning any further
Enclosed are extracts from the injunction order,
decision and law above referred to, and also state
nna nn Xar 1as s TO o. mas See -
Parks from January up to August %, ISL Very
respectfully,
ANDREW a. GREEN, Deputy Comptroller
The Judge expressed great surprise at the Ian.
guage OF this letter, and was at loss to know why
1t had been sent at all after the modification had
been announced to the Finance Department. He felt
that Mr.. Green mudded at his responsibilities,
and said that he mad been informed by men In Wall
street that Mr.. Green was seeking the money on hts
personal responsibilities, and that they did not think
1t good paper money. He deprecated the
ground taken oy, MI; Green IN his letter,
could be done further, even 70 the laying
OF Croton. water pipe or q sewer. 1t would leave
the parks without labor force, police gardeners
horses; they would even he Obliged 10 apply TO Mr.
Bergh some other phllanthIopis to feed the wild
beasts and sustain tnchOme for vagrant monkeys al
Central Park. He denounced the idea that the Two
Per Cent law annulled the special acts for the Park
and museum STOCK as an error which no lawyer
could make. Late In the afternoon the following
further letter was received from Mr. Green
CITY OF NEW YORK, DEPARTMENT FINANCE,
CONTROLLERS OFFICE, Sept ~, 1871. Z
To THE DEPARTMENT OF PUBLIo PAIKs:-
copy order OF the Supreme relative TO the njunc-
ton in the Foley has been received
and will receive ear attention.
ANDREW II. GREEN, Deputy Comptroller.
THIS leaves tho validity OF the opinion in his first
letter on open question for day or two-let 1t be
hoped no longer.