The New York herald., 1871-09-15

NOT issued revenue DOndS 10 that amount IL ma
Issued revenue bonds to the amount OF $22 09, 100
leaving In It's hands stlll power 10 issue bonds or
that account TO the amount OF $500. 800. The city
Of Ss,ooo,ooo. The city has Issued consols (
sne ,,, amount OF 81 300 ooo leaving balance what 4
still Inexhsusied. Ihe city has power wWM'' tc
issue bonds for Improvements calling for consOls
under section one OF the Consols act TO the amount
OF $52l3, 1885, Which amount II has not issued. ia
TINS amount the proceeds OF consols nave been ap.
piled leaving balance to be applied in hand. which
December. 1871 OF s1Os62oS. SO that, II be rign.
!and Il am wrong Your Honor Will correct me. and
ment the CITY has the right to issue these bonds the
balance OF the revenue bonds that of The amount to
DC raised by taxation So 900 800, and the balance OF
the c0nsols that have been ssued that OF $4,000 ooO
the sum Of 81, 1000, all OF which amounts to
$22e0S 800, which the city still has the legal right TO
issue. Again, say, 1t has been
TIE RIGHT TO ISSUE IMPROVEMENT BONDS
eltner 70 replace The amount with the proceeds OF
c0asos or under the name Of consols under section
one OF the Consos act, making IN all 1904, 036 u-
exhausted power on the part Of the civic authori.
ties Tor which they have right to issue bonds. II
be said again elsewhere, when statements may be
mace more vague and unsubstantial than dare be
my view fthe law Is correct that the bonds Of this
city OF New York are not as good security as the
bonds bonds, Of these United States or any other city or
uttered against the credit OF this city; It
Is ise rrsns;I malignant stab; i Is dangerous 70
the quies of society it is suspicion that no man
ought ever to utter without unmistakeaDle grounds
FOR his belief that he Is warranted In it, These bonds
are held by the rich men and the poor men. In
these bonds the earnings OF tile artisan all through
this State are invested as the most favored security;
III these bonds the WealthiesL men VI this State
the men who by years Of industry have accumu-
lated honorable weaIth-have invested their money.
l ask OF these men-tne rich man and the poor
the man living in his humble apartment IN the
Five Ponts-if this suspicion be not founded on
or the city, in defence OF themselves, in
defence OF their own property. in defence Of
tion as base, malignant aud contemptibe. II the
Iourc Io.r Please, ! nave nearly done; ! nave en-
derstand IT, Upon the facts of this case applying
to the conduct OF some OF the defendants Your
Honor VIII be addressed BY. other counse, whose
and points OF this case which have been only able
family to light up. they VIII supply much that
But let me say this before conclude. argued,
hrst to Your Honor that the plaintiff had no
legal standing IN Court argued 1t because It was
rance of any legal point tha. thought struck at the
very heat Of this action. ! now say to Your
of New YORK, Tor whom appear, who elected me
as their Representatives now say to Your Honor,
think, on examnne the law Of this case That there
IL anything now going on OF wrong on the part OF
the city government or affecting its hnances let the
point that goes to the jurisdiction stand over for
another time, and protect the city government.
ask you to do so. Ny learned friends on the other
energy with which ii my duty to press the appeal
II could convince myself tnat this suit OF John
Foley against the city officials was real suit, II
feel happier IN dealing with this argument But
cannot shut my mind from the Idea that 1t has ulte
ror objects; that 1t has behind 1t and pressing 1t
forward others than Mr. Foley, whose objects may
not be as pure as his are, or. at all events. as his
az nc nav oe danaer
in these objects as lar as this suit Is concerned but
out % OF MS neitle, danger, we pluck the flower Of
from this suit; regard IL merely as an application
the part Of citzen stating that wrong Is being
in,erpose, and II you find that wrong Is done ask
YOU on the part Of the city government. TO inter.
pose against n any Official or against any act that
the Court please. l have done. l have sub
mitted my views, and l urge upon the. Court
aud the facts as they appear can only say to the
Court that, as IN the past so IN the present only
simply That he shall do right between the piainlifi
and the defendant IN the suit. AS OF the de-
PENDANTS, lind that have made no ausi0n to his
case. speak OF the President Of the Department OF
Public Parks.
Judge BARSAnp-There Is no charge whatever Of
any KIND or description, either actual or hypothetlc
or IN any way, shape or manner, alleged against
him.
MR.. BEACH's ARGUMENT.
On the conclusion OF Mr.. O'Gorman's address Mr..
Beach, counsel for the Comptroller arose. and after
briefly referring to some Of the remarks or opposing
counsel, continued as foows-
Granting all the allegations in regard to the mag
nltude or Improperly Of the debt grant that 1t was
created In corruption and fraud; nay grant that
this corruption was due to the action OF ts defend.
ligation2 and wherein will that JUSTIFY Your
Honor In granting an injunction against the ex-
ercise OF the legal jurisdiction and legal powers
necicd with
THE BUSINESS OF THE CIrYP
1t NAV serve 10 reject the popular sentiment but
may seem to grace TINS complaint, and however
they may crafty the morbid desire OF accusation
ne Of this his Coart stable ana true IN its judi
cial judgment, these charges and allegations will
fan powcress; Now, sir, pass to the seventh suo.
Systematically disregarded. II charges that In de-
fiance Of the law, both general and special, which
f0rbds an olicer to be connected, directly lnd-
rectly, pecuniarily with
THE CONTRACTS OR EXPENDITURES
the part ,o Of the mat Mayer na and
some enterprises, private firms newspaper and
printing establishments and others, by which, by
selves, they have amassed fortunes That allega-
ton, Sir, IS equally impertnent and immaterial.
application TO each OF these defendants, 1t furnishes
no ground for an Injunction IN this case. But sir,
we have not contelted ourselves with legal answer
to this complaint. In the present condition Of Things
we have not deemed 1t wise polite the part OF
our clients That they should assume
sIhPLB, STRICT LEGAL ATTITUDE.
before this Court and answer the charges In this
complaint Each and all Of them, and especially SO
Jar as my ClenL Is COnccrnet eacn anu every one OF
them have been repealed with particularly ana
correctness which admits OF no suspicion or
contradiction, and equally decisive and impera-
tive Is the denials Of each Of the defendants;
and THESE denlals are fortified by collateral
afndavIts OF the true proprictors OF these
establishments. Well, my friend takes excep-
ton to the answer OF MIR. Tweed to this Charge
that II IL not precise, not sufficiently detailed
that when these gentlemen come into court with q
meterial complaint against Mr.. Tweed, it Is not
sufficient for nm to meet it with an ample denial Of
the accusation, hut that he should spread upon the
record Of the court the evidence or the truth Of his
denial, forgetting the rule and proprietY May 1t
please the Court that party can properly complete
evidence, but must state the result OF that cyl
dence. pandeiing to
THE CORRUPT AND UNJUST SENTIMENT.
which stalks throngh these streets, SAYING
"Gentlemen, you have cvaded; yOu have not met
the allegation" But we have the sworn denials OF
Mr.. Connolly and aIr. Hall that they have no con.
nectiOn with, that they never derveds pecuniary
interest from these establishments, yet they want
the evidence upon which these denals rest. / need
not say that such an answer would be Objectionable
and think NAV be JUSTIFIED ana parioned In say
ing, that such demani, under these circumstances
seems superauOus anu unfair and In the expressive
phrase of my TREND, Malignant What Is the rule
In equity In regard To questions OF this Kind