Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1871-09-27
THE SUIT AGAINST TAMMANY.

Decision Of Judge Barnard Granting
an injunction Restraining Further
Disbursements of Monies.
The case of the taX-pavers of New
York city against the city officers, pray
ing for an in junction to restrain the Of
| fclals from further disbursements of
the city funds, was concluded on Friday
afternoon, before Judge Barnard. The
injunction was granted The telegraph
furnishes the following synopsis of the
decision:
Judge Barnard said, with regard to
the point raised, that the two per cent.
act was unconstitutional. He would
II OF declare the act so unless very clear
on the case, and he had no such clear
ness, and would not take the response
bility, and would prefer that it should
he heard more maturely at the general
tenn. The plaintiff, having i clear
right to sue, brings an action against
the four defendants, officers OF the city
government, asking, among other
things, that the supervisors be en-
joined from raising taxes III 1871, until
certain things shall have been done
second, that the defendants be ordered
to meet as Board of Apportionment
and do certain things third, that the
Board of Supervisors be restrained
from paying claims till the Board of
Auditors meet and set them apart;
fourth, that the Mayor, Aldermen and
Connolly be restrained from paying any
expenses except the Board audit and
set them apart; fifth, that the Comp.
troller be restrained from paying claims
in excess of those set apart by the
Board of Apportionment, and from pay
ing any debts incurred to theNew York
Printing Company, New York Trans
cript and Leader associations, or Sta
TONERS Company, or any Of them, and
that he be restrained from raising, on
behalf Of the city and county of New
York, and the Supervisors from paying
any expense for the Government Of the
city and county for 1871.
The complainant also charges o con-
piracy on the part of the co-defend-
ants by combination, collision and
fraud, to obtain the payment of dis
honest claims on the city and county
treasurer, and they did other acts of
wrong and fraud that the allegation
is made on information and belief. The
three defendants deny it. The defend
ant Tweed denies that there is any
truth in the allegations. The Comp
troller denies in the same way. Hall
denies it in language equally strong.
The amount of belief to be attached to
the statements as made against the de-
fendant Hall can be weighed by the
statement of the counsel for the people
who last addressed the court, that he
did not believe the defendant was per-
sonally interested IN any of the corpo-
rations or associations named IN the
charges against him. Then comes one
Of the points in law to be borne in mind;
that if all allegation is made oninforna-
zion and belief on one side, and positive
ly denieu on the other, it is to be taken in
favor of - person denying, unless
other circumstances throw discredit on
the man making the positive denial.
They also charge the three defendants
with having run the city into debt, and
have incurred vast liabilities, far in ex
cess of the appropriations allowed by
the Legislature. Their answer is, that
the two per cent. law did not repeal all
laws previously in existence for raising
revenues in the city and county. [ diff
fer with them. [ think the two per
cent. act repealed all laws except those
giving power to issue bonds for the de,
partment Of docks land parks, and,
therefore, those expenditures will not
be taken into the two per cent. act.
The department of docks and parks
have a right to issue bonds when nee
essary to carry on the duties entrusted
to them by law Now no suspicion or
allegation of fraud has been charged
against them, so far SIS I can find, from
any paper here, or any statement made.
There is another allegation in the
complaint, that large claims, amount
ing to several millions of dollars, have
been paid out to persons having no
existence, no legal demand, claim or
right to recover. That allegation has
not been denied, as l understand, by
any of the defendants in their answer.
MI. Beach-We deny any knowledge
of the fraudulent character of these
claims.
Judge Barnard-Befora the prelimi
nary injunction was granted in this
case, it became necessary to inquire
whether under the words expressed in
the complaint against the city and
county governments, it was the inten-
ton to stop all works on the public
parks, docks, streets, etc, and the
counsel agree with me that it was not the
intention; and | said, as I now shall
rule to-day, that the parks, docks, char
tiles, police, Croton water and gas
works, Board of Education, ETC., are
not included in this injunction. The
sums to pay the salaries of the en-
ployes in these departments have been
raised by the treasury, and, if paid
away wrongfully, they are, as a matter
of course, responsible, and must see
that the proper persons receive them.
Applause.
That brings me to the last allegation.
It is charged against the two defend
ants, the Mayor and Cornptroller of
having paid dishonest claims, knowing
. them to be such. The Comptroller,
the city financial officer, is entrusted
with auditing and paying most all of
the bills, and even of the rendition OF
Judgment. He still has power to ap-
peal to the court of final appeals, and
has paramount and supreme power, and
t is on him more than all the other
officers together that the people rely
for preventing frauds. It is not possible
to perpetrate or take dollar from the
treasury if he sees the bills coming into
his office properly audited. It is not
wise to say that his subordinates may
deceive him; it is possible for them to
DO so, but it is a crime if it be done in
/ paying these various claims of an out
rageous character, having on the face
of them the appearance of being little
better than highway robbery. 1t was
his business to have examined carefully
the vouchers, and satisfied himself that
the charges we're correct and the ser
vices performed, and, if he failed n
that, he failed in his duty to himself,
and to the citizens, and was guilty OF
an act of criminal negligence.
With regard to the duties OF the
Mayor he says that his duties are mere
ly mechanical, and that he signs war
rants as presented by the Comptroller