The New York herald., 1871-09-16

II was done weeks before this action was COM
menced He says tnat the action contemplated
already and weeks before the cause commenced,
done according to law Here Is the afadavt OF Con-
this has been done two days before the granting Of
which one member Of that Board attempted to stop
resolution was offered BY the President Of the De-
partment Of Parks in reference to the issue OF six
was made to levy tax OF three per cent upon
| TIE TwENTY-THREE MILLIONS
consideration. The question was laid before the
When that matter came before the Board lind that
poration Counsel the President Of the Department
OF Parks desired that the question of right should
into effect, and we find tnat $4,000 was saved to
the people by that act. When the Board again con-
gested that grave doubts existed to the authority
OF the Board 70 carry out , the proposed object
given my own opinion ! suggested tnat as the
matter was very grave the opinion Of additional
Mr.. BARRETT-I am sure / am very glad to hear 1t,
and do not say that in any satirical sense what
Injunction was granted, the Board met again and
| the question OF issuing $3.50, 600 additional bonds
resolution offered 6y the Presiaent Of the Depart.
ment OF Parks that the whole matter be laid upon
ee Ts & sec Ss
given to the action of the Board OF Apportlonment
feI scun wers er e ne
Of Apportlonment, and SO much for the
Before IS to the
attack made on the pleading in behalf OF the plain:
TN the pleading alleged that an enormous % amount noun,
VT referred to that as misapprehenson. but do
Seeye that It.. our facts ana figures were coTo6o
| In place OF answering them we have had the COM
gard to the Views OF counsel to the personal theO
RES the grammatical Ideas, the educational notions,
| the historical "reminiscences OF learned counsel but
and Hgures The Counsel s7 Tor Mr. Connolly says
p y asa STt s me for spa
Ing tns MIS-, enormous and superb DEBT.
OF has
not called our attention TO the gorgeous private
tn ewey are
magnificent debt. We are told tins Is
a1or as aTD R a e onv
public oilicer with whose course he Is dissatisfied.
n' Of oS % S ns ne q s s ns se 3
single dead % of They
mos adav,t says For causes NOT now
pertinent to state, necessity for large expen-
ditureS Tor improvements mas, by the extraordinary
development Of the city for It's FUTURE
dered 1t necessary to make vast expenditures within
know what this means9 There is not single state
menS in our complaint as confused as this statement
in Halls answer. Now let me examine the answer
or the defendant Tweed.
Mr.. BARTLETT-Mr. Tweed has no answer; only
| Ex-Judge BARRETT-In his AFFIDAVIT Tweed denies
no charge OF individual impropriety. His denial Is
| gestions OF confederation. He denies all sugges.
tons Of ring. But that any one or these defend.
Laughter, The facts which ouTnt to have been
| denied are not denied.
Mr. BEACH, call upon the counsel to cite single
| case OF the kind.
Mr.. BARTLErT-I repeat the invitation on behalf
| Ex-Judge BARRETT-I claim that they have not
denied what they consider to be impertinent and
irrelevant under advice OF counsel; They have only
| denied what they considered to be pertinent and
relevant @ AMI 20 the ease; case An M atlldaylt cannot be
| that he read on behalf or the Mayor, while Mr..
Tweed's counsel declared that he would not read 1t
behalf behalf Of Mr. will refer to the statute
namely, THAT an Injunction to suspend the
DAYS to the proper officers OF the Corporation"
Your Honor h has IS granted no Injunction to suspend
public, ls part Of the business Of the Corporation.
business is stopped by this injunction, and for the
reasons have LAID before the Court
| EX-Julge BARRErT-They claim that It has
| stopped the payment Of fraudulent claims and the
issuing of bonds In violation of law unless they
fraudulently and In violation OF law is part OF the
general business of the Corporation. Then this
! MI: QGoRMAN-we deny that it is in any way
'llegal iuooo n. n, oomno 70 =, ~ rr, t,o
Court shall determine that am wrong, and when
we find what Is at the bottom of the case 1t is quite
must apparent that the ordinary | business @
| Is not stopped Their objection cones too late.
was no Jurisdiction. IL seems monstrous proposi.
ti9n that the defendants would not subject them
that he Board of p
ing themselves to the jurisdiction OF this Court and
IN praying the CouIt to grant u.s. II we deserve IT,
the protection we desire, acknowledge right 10
bring this suit. And If we rect,ts in c,trd with
regard to the Board Of Supervisors we are recus IN
Mr. BEACH, deny the servitude.
Ex-Judge BARNETT shall prove that the rule OF
equity stares them in the face and implledly draws
into the jurisdiction every person necessary to
afford the relief that is desired 1t is too old and
oil the persons relating to the relief you grant ANY
resident taxpayer Is considered co-trustee by law
zen, as ceSttt Qut trust, can bring suit against
these trustees. SAY the cest,n Qut trust acquires
| ated apart from the persons who constitute the
trust and the cesu Qul trust has hts rights under
the trustee or not. SO much for the question OF the
right Of the plaintiff to bring this suit. consider
Cent act Your Honor should p md Two fe'
Judge BARNARD-1 have arrived at o conclusion
Ex:Jaage BAKRErT~May ask what that con-
Judge BARNARD-I accept your Interpretation Of
it, except with regard to two points.
ExJudge BARRErT-What are theyp
Judge BARNARD-Parks ana Docks.
At this q black rrOwn Of CONSERVATION settled on
the faces OF a the opposing counsel. Judge Barrett
scarcely seemed to realize The value OF this conces-
sion but 1t reduced his opponents to dismal con-
dltion OF profound melancholy at once.
Judge BARRErT then we went M on to prove that there
ought TO be neatly el3,00O,0o0 in the Treasury, and
that this sum was sufficient to meet the current
penses OF the city, that the lna plea Of the de-
PENDANTS, that the Injunction would lock the ma
chlnery OF the government was altogether without
foundation-a conclusion which provoked much |
laughter Counsel c0ntended that the city's credit
being impaired by the issue Of illegal bonds and
by the expenditure Of extortonate sums not only |
impairing the ctys credit, but making its credis
| byword IN the mouths Of the foreign world. IL |
was
INDUSTRIOUS PROPOSITION
to advance that the granting OF Injunction In
this would impair the cltys credit. 1t was a |
complete inversion OF the positions Of paintifr and
delendamts i Ia tnrs SUIT am mere 10 uphold The