The New York herald., 1871-08-23
COURT HOUSE iron BILL.
|Bul Declared by Judge Sutherland, Of the
Supreme Court, a Just One.
Mandamus to be Issued for Its
Payment Against the City.
cm Of Mandamus to be Set
tied ON Motion.

tied ON Motion.
decision was rendered on Monday by Judge
erland, OF the Supreme Court. In the matter
he unpaid bill OF the Messrs Cornell for iron
on the new county Court House. The ma
OF this application, the argument before the
20 and all the details have already been fully
llshed. and it Is unnecessary to recapitulate
at length further than to state that J. B.
nell, sole surviving partner OF J. B. q w.
Cornell, finding that neither the Comptrol-
nor Court House Commissioners would pay
% $34,677 4s, the balance OF o bill still due them,
ie application for msndamus to compel pay
bit OF the same, directed, respectively, to the
nptroller and Court House commissioners.
THE OPINION
bodyinx the decision is quite lengthy, but is
de up mainly OF recitarons OF the aflldavits and
limlDary statement OF the case. The following
he statement OF his conclusions, which are the
present material points OF INTEREST,"
Pristine bill of the relatOr having been certified
verified by the superintendent or the Court
use, and having been audited and allowed by tho
ard OF Supervisors and approved by the Mayor
audited and certified to be correct by Watson.
Auditor, and paid In part by the Comptroller,
the relator swearing positively that all
ms IN 1t are correct and were actually
and under and od IN Ss c
ices charged are the prices to be paid therefor by
} contract, do not think that the general ale
kiOn on information and beler in the affdavit of
Conan, one Of The respondents and one OF the
mmIsslOners, that the bill is grossly extravagant,
buld Justify me IN entertaining ing, doubt that the
Rt the balance due on 1t, with interest on such
lance from the time OF the payment on account
ere0f by the Comptroller, ought TO be paid by some
o or from some source.
SecOnd-COnslderlng that the very general allega-
n of the relatOr IN ms aitdavlt to the effect tnar
npHfo hnd hnA m az
the 5000, 900, raised under the act OF April 49, 1S70
IthOut proper vouchers and in violation OF law,
Id that certain specified payments had been
ade to Garyey out OF said s60O GOO and out OF pre-
|ous appropriations largely In excess OF what
Earvey was entitled to, and that some OF sucn pay
tents to Garvey were made without the proper
buchers and In violation OF law. are made on in
|rmatiOn and belief merely and considering that
be Comptroller. by his affidavit purportlng to have
ben verined ON the 14th Of August 1871, swears
OsitIvey 10 the effect that he has no funds legally
pplicabe to the payment Of the relators claim.
md that all the moneys which had been authorized
be raised 1or the new county Court House had
leon expended I'm accordance with the statutes
hade therein, save only funds remaining III the
county Treasury" authorized and directed to be
aised by the Legislature OF 1871, and that
mo payments Tor or on account OF said
ordance with law as he Is advised" do not THINK
hat can or ought TO issue mandamns command
ng the Comptroller 10 pay the realtors claim gen.
the payment OF the relators claim IN raised der or
by any act or acts OF the Legislature
passed prior 10 the act or April 49, 1871.
Thlrd-ln view OF the positive affidavit Of the re.
pOndent and Commissioner lngersOll, to the effect
nat all OF the $2U0 00O stated IN the affidavit OF the
TO TO psd to ne
expended, &c, l think l cannot and ought not TO
ssue mandamus 10 the Commissioners command
ng them 70 pay the reator's claim out OF the said
FOu,th-The relator in his alldavit says on nfor-
nation and belief. that 100000, directed 10 be
atsed 1Or the Court House by the act of 1871, had
een paid by the Comptroller to the commissioners
and respondent lngersOll admits by
ls affidavit that the Commissioners have received
he $2OO,000 from the Comptroller and says that
hey have expended the whole OF 1t. The Comp roll
issued Or caused to be issued" the $3.50 900
# stock authorized to be issued by the act OF 1871
Ie does not deny that he has paid 10 or placed to
he credit of the commissioners the $500 900. must
ssume that the comptroller advanced from some fund
rom some source, 500, U0O Ii anticipation OF the
ssue OF stock under the act Of 1871 BY the seventh
ecton Of the OF 1871, S75o,OOO is authorized to
" appropriated to be expended under the dlrec-
ion and supervision OF the Commissioners for the
OF the Court House, and the same sec
ion directed the Comptroller on requistlon OF the
commissioners to "pay over to their credit such
um or sums as they may from time TO time
eem necessary Tor said purposes and by the same
ectbon the Comptroller Is authorized and directed
o raise SAID amount ($75o,0O on the stock OF the
ayable within twenty five years from It's ssuen In
lew OF my conclusions on other points OF the case
made by the papers the only remaining
direct the Comptroller to raise the $500 900 which
he Is authorized and directed to raise In by the
evenh section OF tue act OF 1871, in the manner
herein directed and authorized, sufficient of tnat
um or amount to pay the relators claim ana when
aised either to pay The claim himself or to pay over
o the Commissioners on their requlSltl0n, to be
IppIied to the payment of the claim by them. or
mount sufficient to pay 1t, and ought the Commits.
by the mandam1s to be directed to TO MAKE
n ~ amount lou F' OF sum suiIioient to satisfy
1a ana as Srs " Sr Sarnas nH
Mainly on this point land really think 1t may be
considered as really the only question on the case
made BY the papers), and without pretending tnat
he question Is entirely iree from DOUBT Yet, have
,ome to the conclusion that 1t is the duty of the
,ourt on the case made by the papers, TO try TO
ecure by mandamus the payment OF the realtors
lain out of the $150,000 authorized and directed
be raised in ana by the seventh section OF the act
# 1871 and that on the settlement OF the order for
uandamus Tor such purpose and OF the form OF the
writ the order and writ should be worded as
most likely and properly to secure such result.
/ think that SO much of the s750O0O as snail have
,een USED in paying the REALTORS claim may fairly
" said TO have been expended for or IN completion
II the Court House. l cannot believe that the
legislature intended that building Tor the admlnis
ration OF Justice should he completed or considered
complete until the honest and just debts incurred
n its creation or complexion mad been paid or pro-
without even adverting to many of the considera-
ions which have led me. under the circumstances
)t the case, TO put construction on the seventh
section OF the act OF 1871, which VIII permit man
lamus to issue In the best form to secure the pay.
nent of the reatOr's claim out OF the $3.50. 900
and directed TO be raised by the Comp
troller IN aud by that section, ! will say that the
controlling consideration has been that | cannot
see any grounds Tor doupting that the claim is
honest and Just and corred, and that cannot
hat the relator has any remedy by action against
he Board of Supervisors or city Corporation or
or anybody or person or persons
see no way III which the relaor can enforce
payment except by mandamus rom or out OF the
600 authorized and directed to be raised by the
seventh section OF the act OF 1871. The Dill OF the
reator having becu aunited and allowed by the
ana audited ana pronounced correct by the auditor,
and paid in part by the Comptroller, do not think
The reator was called upon or bound TO present l
mr. the baialance que on it to the commissioners iOr
by them. Let the form OF the order and
Of the mandamus TO be made and issued according
10 this opinion be drawn by the counsel ,or ihe re