The New York herald., 1871-09-16

pe resuaiheu irOm paying any ciaiuls UT uouey al
any case, and especially any debts or bills of the
ew York Transcript Association, the New
York Stationery Company, the New York
Leader. or any of them. Sixth. that the
defendant Connolly be restrained from pay
ing any money on behalf OF the county.
The complainant also charges conspiracy on the
part OF three Of the defendants by c0mpunction col
lusion and fraud to obtain payment OF dishonest
claims on the city and county treasury, and that
they did other acts OF wrong and fraud That ale
CATION Is made on information and belief. The three
defendants deny 1t. The defendant Tweed denies
that there is any truth In the allegation.
The Comptroller denies in the same way.
Mayor Hall denies in language equally strong. The
amount OF belief to be attached TO the statements
as made against the defendant Hall can
be weighed by the statement of counsel for the peo
pie who last addressed the Court, that he did not
believe that defendant was personally interested In
any OF the companies named in the charge against
him. Then comes on the point Of law to be borne
In mind that where an allegation Is made on infor
nation and belief on one side and Is positively de-
MED on the other, 1t is to be taken in favor of the
person denying, unless other circumstances throw
discredt on the man making that positive denial.
TIE three defendants are also charged with having
RUN THE CITY IN DEBT,
and having Incurred vast liabilities, corrupt claims
and demands against them IN excess Of the legal
and proper amounts made by the Legislature. Their
answer to that was that the Two Per Cent law did
not repeal all the laws previously existing for the
purpose of raising revenue in this county, In that
differ from them, that the Two Per Cent act re-
pealed all the laws except the laws that gave those
parties the power to raise bonds. That was given
to the Department Of Docks and the Department Of
Parks. Therefore the expenditures they may have
made will not be taken into the two per cent. If
the expenditures made are over and above the
amount realized therefrom 1t would be proper
case for an Injunction. The Departments Of Docks
and Parks have right to Issue bonds whenever in
their Judgment 1t may be necessary for the purpose
OF carrying on the proper duties entrusted to them
by law. No suspicion OF fraud as far as l can
find out has ever been raised against them, or from
any statement that the Court can take judicial
knowledge OF. There is another allegation in the
complaint that large claims, amounting to several
millions OF dollars, have been paid to
PERSONS WHO HAD NO EXISTENCE,
had no legal demand or claim against the city or
any right to recover. That allegation IN the com.
plant has not been denied, as l understand, by any
one Of the answers
Mr.. BARRErr-Yes. Sir; that Is so.
Mr.. BEACH-I do not wish to be un derstood as as
senting to the answer of the other counsel.
Judge BARNARD-My recollection Of the minutes
is that no such denial was made.
Mr.. BEACH, may be permitted to say to Your
Honor that the knowledge OF the fraudulent cha
racter Of the claims was denied by each and oil the
defendants. In my argument yesterday had the
honor to submit such denial to the Court.
Judge BARNARD-BefOre the preliminary injunc-
ton was granted in this case it became nee essary
to inquire whether under the words Expenses OF
the city and county government 1t was the inten-
uOn TO stop all works on the public parks, the
DOCKS the Streets &C., and said as l now shall
rule to-day, that the parks, docks, charities,
police, CrOton water, gas works, Board or
Education and salaries are not included In this in
junction. The sums to pay the salaries of the
employees OF these departments are supposed to
have been raised BY the Treasury, anu f paid away
they are, as matter Of course, respon.
sble and must see that the proper persons receive
their pay. That brings me to the last allegation. 1t
Is charged against the defendants, the Mayor and
Comptroller, that they paid
DISHONEST CLAIMS,
knowing them to be such. The Comptroller the
ctys financial officer, is entrusted with the audit
ing and paying OF almost all bills, and even
after the rendition of Judgment he still had the
power to appeal to the court of final appeal and has
paramount and supreme power, and 1t is on him
more than all the other officers together that the
people RELY for the prevention OF frauds 1t Is not
possible to perpetrate fraud or take dollar from
re Treasury II he sees the bills coming into his
office are properly audted. II Is no excuse to say
that his sub0rdinates may deceive MIN. 1t is posi-
bic for them to DO so, but 1t is crime II 1t be done.
In paying these various claims-some Of them Of
AN ATRoCIoUs AND OUTRAGEOUS CHARACTER
bearing on the face Of them the appearance Of being
little better than highway robbery, 1t his busi-
ness TO have examined carefully the vouchers and
tic1 nd m manif hat fna oh
the services performed, and if he fails in that he
fails in his duty to himself ahd to the citizens,
md was guilty Of the commission OF
crime or Of q criminal act of negligence.
With regard to the duties Of the Mayor he says his
duties are merely mechanical, and tnat he signs
as presented by the Comptroller, and
although that may have been the practice. and
presume 1t has been for years. to sign checks with
out looking, and l have myself signed checks for
millions without knowing they were correct as
Of the Sinking Fund, relying entirely
upon the statement Of Mr.. Halves that they were
right, yet the community expect or at least hope,
that whenever an act is required to be done by three
or four persons in certifying bills they viii not rely
upon others, but will see to 1t themselves. He states
in MS afldavlt that 1t was impossible for him
to have done that, but that In the vast
MULTIPLICITY OF BUSINESS
he placed reliance entirely upon the Comptroller,
and merely carried out q custom OF fifty years, and
In doing that he did what everybody else had done.
Still, gentlemen, the payment OF these bills by the
Comptroller under the circumstances, or the raising
of bonds by the Board of Apportonment, Will not
Justify me In saying that tile papers will authorize
ne to find that they are enritlel to the confidence
If the Court-a confidence sufficient to justify me in
permitting them to go along spending money be-
ongng to the city government. SO long as the
3oard is constituted as 1t is-now having failed in
Of their
OMISSION IF NOT COMMISSION
o secure its confidence, am compelled to say that
is my duty to that not another dollar is paid
u bond raised until such time as there shall be
ome change In that Board. (ApplauseJ 1t might
said that In consequence Of the granting OF this
,rder the tendency Will TO dsorganize the city
Ind county government. With that nave nothing
o do. have nothing to do with the employment
" men connected with the government or with
heir naymentS. have