The New York herald., 1871-10-13
The Department Of Public Docks and the De-
partmeEt Of Public Parks Must Have
Money or Stop Work.
PROGRESS OF THE ARGUMENT.

should not be issued to Comptroller Connolly direct
Ing him to pay forthwith the various requisitions
recently made upon him by these departments for
furds to enable both the payment OF past II abli-
ties and prosecution OF the public works in pro.
gress under their control. Ii was astonishing how
soon the court room, after being nearly empted OF
spectators on the winding OF the mgersoli case,
was again nled to repleiion-the throng CON-
prising the usual miscellany of politicians OF
high and low degree 0fllce-hOlders and the like,
who at all hours OF the day hang about
the vestibules OF the courts. Standing on the
tptoe Of expectation as many had for there
not seats enough to accommodate o third OF those
present, they deserve credit for listening very
patiently TO what In itself assuredly very dry
forensic material but In the magnitude OF the inte-
rests involved and the results possible to grow
OF II, OF greatly absorbing public interest.
OPENING OF PROCEEDINGS.
Mr.. O'Gorman, Counsel for the Corporation made
the opening argument saying this is an application
founded on an AFFIDAVIT of Mr.. william Wood one OF
the Commissioners OF the Department OF Docks or
the city OF New YORK. He then read the following
anidavit:-
surREsr cousT-Ts peops. e. Re, John r Agncv, WI,
Ieu,sissioss1, q hs peDn1i@sa q Dos as Gy Of
WI VII :a ~ R;sa.d cnno9y cosDtrer % Of The Cy q %
dny says be s Of The Board comms.on
% S s Pc OF 0of % % Ct
ls7 Of the law, Of 1870 amended By section Of
Sp i''sS that The ''s co%presT asT
% @ city < Of ~ sT Y1s s OF x. 1s when
prepare and issue bond. said city q New YORK. bs
and the 1 m other
% est S os aan 70 m
fore thirty after the date thereof the purpose
Of the city
@ @ s'.ss sa H.s
the commi..oncTs The snEinc 10 direct the Comp
r. Ss !
:iostI q he sinking Fund The said co%p,roe pay
&c. Of
@ sss tn. @ r..a o
es'. and and in carrying ont the provisions Of the
Ep.,d q q now prs:sins
lion q e9Ra 1 Y. sss
ComptrolsJ Of the city Of New York. and oy written desis
said city sd and q record IN The Fnancs peparmen, Of
said city to the statute in such made
every duty belonging Comptroller tha, Comp.
" Il. o. nsP o1s S Of Is
Tssd ss sTsd by tho e me ws1fns
sworn before The 10th October. ls7i-DAviDJ DEAN
Having read the afidavit he proceeded to say that
the present was the first occasion OF his placing
m sa o % e 9 ANY ae or
eminent In doing SO In the present instance ne
: 0f nono mon TO dg n ina, o
the choice OF the Deputy Comptroller, VINO desired
TO be governed in his Official acts by the direction
advice Of any Counsel, however highly he might
hold such counsel In personal estimation. The
prosecuted IN this city depend upon the interpre.
tation Your Honor gives 10 TWO statutes to which
you attention to section II, chapter 574 OF the Laws
OF 1871. which reads as follows:-
The co@pIoIsr o. the city Of New York shall from time
Eqnd prepare sns "a issue bond. q said city De called
IL IL 2. s. o .s
city, aud bearing not more than seven cen, interest
before .sily sssr after The date thereof for the
ss 5r;as 's s sas Z tho ss
Departmens OF Docks M powers and duties, and .ne super
"a. upon the estate. 10 said county suees, %
as ike
when sad bonds shall fall due sum sufficient 70 The
s Gn Of q M % saS: s b be s IN ANY and
:6s dsDS:i';S IL hs
said city FOR The papose. provided IN
Docks, espnieSsrned By commsoasrs 81 hc
Board its rent The COMPENSATION Of It's appontse. ru
Of tLs section Of .nis the acquisition private
prSGsry the payments r. . under the contracts mentioned
geI..med unas. said sse,,on and al other
proyisions OF this act N Keeping msiniannS repsnS
sudng and IsS.ians The xh.Tys. Ssonsns d: sad
Of said moneys In The manner above provided The
Board appear and defend said Board and ad
wise said board in all matters suA proceedings when d.
Upon this section Is founded the provision on
which the Dock Commission depend IN this argu.
April Is. 1871, and Is commonly called the Charter
In II are set forth the duties OF every department OF
the city government; the amount Of expenditures
for each; the purposes OF the expenditure and the
means by which their various projects shal be pros
ecuted. That question as to the Commission OF
Charter OF 1870, though, OF course, in
some respects subsequently amended in
ing their duties and enlarging their works. say
this for the purpose of showing 10 Your Honor at
the outset what queshon.recelved tue considera-
as expressed IN the oct OF April is. This ACT pro-
vldes for the raising OF money by the Comptroller,
Fund, for improving the city docks. Not over three
million dollars are to be issued IN any one year,
funds so raised are to be applied In payment
OF the expenses and compensation OF the
bOaru-in payment O1 tne employees ana Tor
assessments and damages-necessaTy 10 purchase
anu carry on their improvements, as well as all the
expenses accruing IN maintaining, repairing dredg
ing anu cleaning slips. The counsel to the corpora
ton Is appointed the legal adviser OF the Commits
sion, and ] therefore am here to-day. lr the VIII
OF the Legislature rs expressed IN the act OF April
10 be not interpreted the will OF the Legislature
there can be no doubt that bonds should De issued
as called for. But II the Legislature IN any way re-
pealei this act, then different conclusion must be
arrived at The other side rely the second section
OF this act, which reads as follows
Coo q Irorr %.p
es paid all the expenses OF the city and county
for Nil their departments and for each
and also The interest the city county debs prnc
pal OF such debs falling due and the proportion Of the
lax payable By county said
spechveiy and liabilities shall be incurred for any pu
pose either OF said years which shall. the
Tor such and the principal and interest Of and
county debts payable in such make the aggregates OF
The expenses OF the city and county governments to-
geher for each Of SAID amount 10 mof, per
cent The valuation Aforesaid with the addition herein
before provided