The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1871-09-18


New York, Sept. 15.--Ex-Judgc Bartlett,
Twecd'S counsel, said
II am here to show cause why this in
jucion should not he continued. | would
be safe in submitting the case In atlilavits
without argument, but the answer Is not
put in vet; but We have met all the points
generally by separate afiidavits.
Your honor enjoins my client to perform
certain duties. He answers he has faith
fully and fully performed them, and IS cor
roborated under oath by the Mayor of this
city. The law says IN injunction against u
corporation shall not be granted except on
eight days notice, Here is an injunction
granted, &C parte, without notice, and
therefore void as regards Superrisors-a
fatal fiiculty for the plaintiffs. Under the
decisions Of your Honor the plaintiff has no
legal standing here az against the corpora
tion of New York, or Mayor Hall rs an in.
dividual. 1t is an action of nobody to com.
pei lis to do what We are doing"
Counsel threatened to hold the plaintiffs
responsible for bringing false charge
against his client, and denounced the per-
sons who prompted the injunction suit rs
4 baud Of Cataline conspirators without q
Catalina, and that they have sworn to IL
belS.
He said tho injunction should he imme-
diatcly dissolved SO far rs his client was
concerned. The very form of government
under which the acts charged in the COM
plaintS were donc had passed away, and
the Legislature had ordered payment Of the
claim.
M-. Barrett, for the prosecution, argued
that the officials had no right to raise and
cXpcnd money outside off The two per cent
act. The first ten sections of the COM
plaint show the mischief to be remedied-
the payment of fraudulent claims against
the city-and were, therefore, relevant
The two per cent. act comes in to prevent
the expenditure of one dollar outside it.
There is not one word denied of the acts OF
fraud charged in the first ten sections
Why does the mayor ask Il different reliet
from that asked by the supervisors? The
mayor and commonalty admit the allega-
tlunS by their demurrer, but the individual
defendants seek to deny them. ..s
Mr.. Barrett continued, reviewing the
ac;s OF Mavor Hall, charging him with
making paltry excuses. He then proceeded
10 the case of Connolly, whose affidavit, he
said, WAS the boldcst aud least tricky docul.
| ment before the court, and which proves
| the lal>ity Of Halls answer. He argued that
| Iwccd's and Connoliy's answers contra
dcted each other.
Mr.. Beach Gntrrrupting) charged Mr.
| Barrett with grossly sarbling Connolly'S nj;
| iidayit.
After brief but sharp controversy be
tween counsel about the manner of con
| ductng the case, the court took II recess.
After recess, Mr.. Barrett resumed his ar.
| gument. He quoted the atfilavits of Tweed
and Connolly to show the discrepancies
and declared the atiidavits cunning devices
TO mi>lcad; that they were contradieted by
portions Of Twccds and Connolly's own
minutes. He argued that the supervisors
| by coming into court and praying for iudg
ment on thc plcadiugs, were estopped from
| making the objection That The ptIlnt;tlS had
| no standing i'll court.
| AT the conclusion of Mr.. BarrctGs ar.,l
ment Judge Barnard rendered Il decision
making The Injunction sued for permanent
| The announcement of the decision was re-
| ccivcd with frantic applause. The decision
declares the plaintiffs right to sue under
| the two pcr cent. act. This net, however,
does not apply to expenditures Of the de-
partmcnt of docks and parks. or for OK.
penscS for work on streets, &c. 20 it is
ruled that the parks, docks, charities, po.
lice, Cro,on water, gasworks, board Of edu.
cation, and salaries of employees are not
to be included in the injunction. Having
reviewed the various charges made by plain.
comes to the final and most important allie.
CATION against the mayor and comptroller
of having signed dishonest claims, knowing
them to be such, and of having paid dis.
honest claims, knowing them to be such
He then said:
"Thc comptroller, the city's financial
u1liccr, is entrusted with the auditing and
paving Of almost AL bills, and it is on him
more than all other officers that the people
rely for the prevention Of frauds. 1t is not
| possible TO pcrpetrate fraud or take u dollar
| from the Treasury if he sees bills coming
10 his otli:c properly audited. 1t is no eX-
clise to say that his suburdinates may de-
ccivc him.
1T is possible for them to do SO, but il is
a crime if it be done. In paying these va
rious claims of IN outrageous character,
bearing on the face of them the appearance
OF being little better than highway rob.
berry, 1t was his business to have examined
carefully the vouchers, and have satisfied
b nl>elf that the charges were correct and
The services performed and if he failed in
that, he failed in his duty to himself and the
citizens, and was guilty of an act of crimi-
nal negligence. ~ &c.
.sAs for the mayors duties, Mayor Hall
claims they are merely mechanical, and that
he signs warrants rs presented by the
comptroller. Although that may have been
the practice for years to sign checks with.
out looking, yet this community expect, or
at least hope, that whenever an act Is re-
ouired to be done by three or four persons
in certifying bills, they will not rely upon
others, but see to it.themselyes.
81 am not justified under the circum-
stances, in saying the payment of those
bills by the comptroller and raising OF
bonds by the board of apportIonment au-
thorizc Inc to declare they are entitled TO
the confidence of the court, SO rs to permit
them to 80 Oh and spend more money. IL
is my dulv, aud it is Il painful duty, not to
allow an6thcr dollar to be paid from the
treasury or another bond to be issued until
such time as there shall be some alteration
III that board. [Applause.]
- 1t may be said that in consequence of
granting this order the city and county
governments will be disorganized. l have
nothing to do with that. l have n plain
duty TO perform-one which l cannot
avoid. Whenever q proper case is pre-
scnted for IN injunction, it is my duty to
grant it. IL is said there is a aremedy-viz.,
the trying Of the charges against the comp
troller.
q know of no such legal remedy, and
where there no remedy against robbery
of the community, it is the duty of q bench
oi equity TO Ilfeut leLneuy !, anu u houc
existed, the court would be justified in re-
sorting to any means in its power to pre-.
vent the continuance of a state of things so
to the city. We all have the
credit of the city at heart-all men wishing
to give their offspring good inheritance.
We are all interested in it, and in looking
for relief. to prevent the contiscaLion Of
their property, the injunction is granted"
Frantic applause.l - Ii
In reply TO Mr. O'Gorman, his Honor
said he did not include the issue of assess
ment bonds, payable by property owners
for local improvements. -. ---.s:e.s., s:.s-s,-