The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-06-07
SUPREME COURT-CHAMEERS.
Newspaper Claims Against the City fO,
Advertising.

In re Mark NJ POmeroy.-ApplicatiOn was made
yesterday behalf OF the relator for mandamus to
The Board OF Audit for the payment OF S3a 1914 20 for
advertising in the daily and weekly Democrat His
affidavit set forth the appointment OF the daily
Democrat q Corporation paper, specified the
advertisements published and recited the act
passed April %. 1872 by the Legislature, requiring
the Board of Audit and Apportionment to pass bills
OF this character, and the Comptroller within thirty
days thereafter to pay them out OF funds raised by
revenue bonds.
Mr.. Strahan read In answer an AFFIDAVIT OF Richard
A storrs, Deputy Comptroller, stating that for the
three years over which the claim of the reator
tended the amount appropriated for city and county
advertising was SAB 2Ts 33, while the amount ex-
pended In this time 81 703 30S 40. Out OF this
sum there had been paid to the relator sl7s9o5 rs
II was stated further that there were some eighty
newspapers having similar claims against the city,
and that the aggregate Of their bills was over
sl,5o000o In some OF the papers matter published
ms news was charged as advertisements. He spccl-
ned an instance where the report OF the county
canvassers was published AZ the cost OF few hun
dred dollars IN supplemental sheet and a bill sub
mitted against the city for s557S 81. He also read
an affidavit OF Mr. Whttemore stating that an ex
animation into these accounts is being made and
not vet completed.
Mr. Lawrence said the afldavits just read were In
genously drawn, and that the same old stereotype
story OF examinations in progress was repeated.
they simply asked that the Board OF Audit do what
the law requires them to do as made obligatory
upon them by the act OF the Legislature. They
asked for no particular amount. 1t was the duty OF
the Comptroller, within thirty days after the audit
to pay the allowed. They presented their
bills on May IL. and the investigation as claimed is
still in progress. The whole action of the Board OF
Audit was setting nj defiance the act of the Legis
lature. The act was not permssive, but mandatory
II the advertising last year cost 100000 1t made
no difference with the present claim. They had
been properly authorized tn publish the advertise
ments for which charges were made and payment
sought lie argued this point at length, and in
sisted that If the claims were not legal the statute
Ousy insisted that all the facts clearly demanded a
mandamus The work had been actually done, and
pay was Justly due for il.
Mr.. Pierrepont, on behalf OF the Board OF Audit
and Apportionment, asked for 4 specification on
Mr. Lawrence said they wished mandamus
directing the Board of Audit and Apportionment to
audit and allow the claim.
word '.allow'' in the order would be directing the
Board to pay the bin He regarded this az going
beyond the functions OF the Court. The Board OF
Audit had certain judicial functions, and 1t was not
his province to assume these functions.
Mr. O'Gorman said that the Law Department had
put into their answer to a suit brought for these
claims by Mr.. Pomcroy denial that the relatQy was
legally authorized to publish these advertisements:
As 10 the work being done and pay due he insisted
that anybody might do any sort Of work and put in
bin against the city.
Judge Barrett said lie saw no objection to man.
damls the effect Of which would be TO set the Board
OF Audit in motion.
Mr.. Perrepont said that was only ordering the
Board to do just what IL was willing to do. He
gave a why this claim had not been passed
upon the illness OF Mr.. Van Mort.
Mr.. Lawrence expressed his willingness to accept
the order III the form suggested by His Honor, and
an order TO tins effect was accordingly made.
An Item OF Expense for Building the New
Court House.
Tenth National Bank VS.. A. H. Green.-Applca
tion was made yesterday on behalf Of the plaintiffs
for o mandamus against Comptroller Green to com
pei payment OF s246,ooO alleged 10 have beer
loaned by them 10 the County Court House Com
mission. 1t was stated by counsel that the appli
cation was made under the provisions OF the act 0
January 1872, authorizing and requiring the Comp
troer to issue bonds 10 raise money for the pur
pose OF paying banks insurance companies ant
other Institutions the sums they had re
spectiyely advanced 70 any department oil
commission of the city. In reply to th
an afiidavit was read that this money
was drawn by j. IT, Ingersoll and was not all nj,
plied towards the completion Of the County Cour
House. IL was also contended that the egisatv,
act referred to was amended 10y subsequent ac
so az not 10 apply to funds which were authorized
TO be raised by other statutes. 1t was further
stated that the act OF 1871 authorized the Board 0
Auportionment to issue County Court House bonds
10 the extent OF s75O000 and that II was out OF this
fund the money should have been paid TO the bank
The Comptroller, II was contended, could not issue
these bonds until the Board OF Apportonmen
acted. The Commissioners had made one regni
sitiou. which paid, but when they made
tE Torment ssn3H' had INSISTED on rs being shown
90 them that the previous money mad been
rightly applied before giving them any iurtner
TO do this and until they did SO the Board Of APP
poftonment ought not 10 issue the cards. ana inc
Comptroller could not In answer 10 TINS III " IN
sisted that in the amended act referred 10 was an
express proyiso that nothing IN IL should ne
construed 50 as to delay or prevent the payment
o. the moneys advanced by loans, &c. In this case
the Comptroller bad delayed payment They could
not he claimed, be called upon to inquire into the
disposition OF the money made by MIR. ngersoll.
lhey dd not know him in the transactions, but
mostly knew the official acts OF this Court House
commission and the drafts OF Its treasurer. The
h4 nan ftnsv tfa Ian istnn
Decisions.
M j. Brennan, Sheriff, w. John Hitler ct al-Mo-
uon granted.
Inc Atlantic Mutual Insurance Company Va. Sig.
lsmund fuhk-Motion denied, with $40 costs, but
without prejudice to a renewal upon proof that the
,essuihony returned to the commission to es-
sanIsn any " the iacts set up In the answer.
nehry .. meyer Va George Funcke ct al.-The mo-.
lions arc approved
VIM J: stewart ct al. VIZ. a. Standardization
denied 'psoiuleU az TO James Graham, denied also