New-York tribune., 1871-09-08
.JUDGE BARNARDs INJUNCTION.

JUDGE BARNARDS INJUNCTION
It has been thought that Judge Barnard
could do nothing to injure his reputation, and
would do nothing to mend it. If therefore
his action in Mr. Foley's injunction suit has
been viewed with uneasiness,-n it has been
supposed that his purpose was to draw the
adversaries of the Ring into his Court only
that ne might throw them out again, disabled
and disarmed,-he has nobody to thank for
this injurious suspicion but himself, and Col.
James Fisk, jr. For our part we prefer not to
believe it. Judge Barnards conduct can be
accounted for on other theories To say moth
ing of the possibility that he is both upright
and unprejudiced, there are obvious reasons
why he may think it time to put off from
the sinking ship, and shift as well as
he can for himself. 1t has been clear for some
days that Tammany is more dangerous as
friend than as an enemy, and the cry of its
old supporters is getting to be, Stand from
under" Especially is it clear that whoever
attempts to save it by a strained interpreta-
ton of the law will only involve himself in
it's ruin. The action of Judge Barnard, indeed,
in granting the preliminary injunction against
Controller Connolly wasInot wholly unexpected.
Judge Pierrepont assured us at the meeting last
Monday evening that, to his own knowledge, the
judiciary of this city would be swift to aid in
the recovery by legal process of the money
fraudulently drawn from the City Treasury,
and assurances to the same effect have been
privately made in other quarters. But the ra-
pidity with which proceedings have been en-
tered has taken the public by surprise. About
two weeks ago we suggested that the validity
o1Ix,,e ypaa n
grave question, and urged the necessity of
resorting at once to the law to prevent him
from borrowing another dollar. Sooner than
we expected, or even dared to hope, the case
is to be tested.
The complaint of Mr.. Foley recites that
plain provision of the law forbids the Con-
troller to make any expenditures whatever ex-
cept to cover appropriations previously voted
by the Board of Apportionment, in the man
ner prescribed by statute. 1t accuses Mr..
Connolly of habitually dsregarding this pro-
hibtion, and especially of paying within the
past year more than $5,0O000O of unauthor-
lied claims. The order of the court, based
upon this complaint, temporarily enjoins the
Mayor, Controller, and others from raising
by taxation, or paying out OF the treasury,
or becoming liable for. any sums
which shall not have been first fixed and ap-
propriated by the Board of Apportionment,
from auditing any claims in excess of the
amounts 80 appropriated; or (and here comes
highly suggestive clause of the order) from
paying any claims or bills of The Transcript
Association, the New-York Printing Company,
the Manufacturing Stationers' Company or
The Ne,o- York Leader Association. Such an
nrda or fba
may-if only it is to be allowed to stand.
But the most important portions of Mr.
Foley's complaint refer to . the matter
of the alleged Illegal issue of bonds,
and the relief asked for is prohibi-
ton of the raising of any more money by
Accumulated and Consolidated" Debt
Bonds, and bonds in anticipation of the years
revenue. If, after argument next week, Judge
Barnard should decide to make the injunction
perpetual, the consequences to the Tammany
Ring will be of the most serious character.
The citizens will have gained signal victory,
whose results will probably reach much fur
ther than anybody now suspects, and the Ring,
cut off from its source of supplies, will have
no choice but to dissolve The statute of 1871,
known as the Two Per Cent Act provided
that the annual revenue to be raised by taxa
ton in 1871 and 1872 should net exceed per
cent Oh the existing valuation of 1,075 900 00O-
that is to say, s21, 100000; and out of this
sum, increased to $26,O0O,O00 by the proceeds
from certain other specified sources, must
be paid the quota of State tax, the
principal of the city and county debt falling
due in those years, the interest of the debt,
and all the expenses of the city and county
government Now, Mr.. Foley's complaint
shows that while the entire expenditure for
the year 1871 cannot legally exceed $26, 900 900,
Mr. Connolly has spent in the first six months
of the year no less than $4,000, 900; that he
has made no provision for paying the debt
that falls due this year. Amounting to S9,00O,-
900; and that he proposes to issue about
$10,000,000 of bonds to cover the current ex-
penditures of the government, which ought
by law to be betrayed from the reve-
nue. from taxation. To sum up the whole,
Mr.. Connolly is forbidden by law to incur any
expense except to meet regular appropriations,
or in any case to spend more than $98 100000,
year. He disregards both these restrictions,
and gets all the money he wants by manufac
tp.ing Revenue Bonds, Accumulated Debt
Doud5. aud Consolidated STOCK. Tue Couit 10