The New York herald., 1872-12-20
THE DOCK COMMISSIONERS.

They Want Exclusive Control OF Their
Own Funds, but tho Comptroller In
sists On Attending to the Financia
Part Of the Business On His Own
Notwithstanding the Comptrollcr-
A Lengthy Argument Before Judge
Leonard, or the Supreme Court.
The Commissioners OF the Sinking Fund, on the
18th OF November 1871 directed the Comptroller Of
the city to prepare and issue Dock bonds of the
city for the sum OF $lO 900 OOo In compliance with
this direction bonds were duly issued for the
amount required, AID at different times between
the 18th Of March and the 18th OF May of the
present year, the Comptroller paid $3.50, 900 over
to the Dock Department. On the 10th Of last
June requisition was drawn on the Comptroller
for Of the proceeds OF the sale OF the Dock
bonds referred to, the same being duly counter
signed by the Commissioners Of the Sinking Fund.
Upon this requisition the Comptroller paid $25O0O0
but has since refused to pay the balance. Follow
ing this refusal Of the Comptroller, application was
made for an order to show cause why writ Of
peremptory mandamus should not issue against
the Comptroller, directing him to pay over the
balance OF this fund now in his hands. The matter
came up for argument yesterday in Supreme
Court Chambers, before Judge Leonard. On be.
half OF the Commissioners Of Docks there appeared
Mr.. Richard O'GOrman, late Counsel TO the Cor
p0ration, and Abraham Il. Lawrence; for the
Comptroller. Mr.. John H. Strahan.
First in order was the reading by Mr.. Strahan Of
affidavits Of Comptroller Green and Deputy Comp
troller storrs, to which responsive aiiidavit Of
was read by Mr.. Lawrence. These afidavits simply
set forth the facts Of the requsiti0ns explained
above and why the last one was not fully complied
with.
ARGUMENT BY MR.. LAWRENCE.
The argument was opened by Mr.. Lawrence. He
began with stating the case as explained above,
and then contended that the decision OF Judge In
uatv N e.
cisl0n was not conclusive the provisions Of the
Saae % to
to the Dock Commissioners the sum asked for.
He insisted further that It was obviously the
raised for the uses OF the Dock Department should
be disbursed BY that department; that by the
vested with the exclusive government and regula-
tions ci all wharves, piers bnlkheads and strnc- @
Tmees t ae anG
has been transferred to the first board, except the
powers Of the commissioners Of the Sinking Fund.-
that the board Is authorized to agree for the pur
sioners Of the Sinking Fund; tnat the moneys.
Comptroller for the several purposes provided in
the act upon the requistion OF the board approved
by the Commissioners OF the Sinking Fund;
that to carry out the duties and powers imposed
on the Dock Commissioners 1t was absolutely
necessary they should have ample funds at their dis
the disbursing OF these moneys was apparent by the
provision that In their annual report to the Mayor
they are required TO account lot the moneys dis
The Dock Department, he claimed, was placed on
different footing from any other department The
idea was to make II independent and It's object to
secure US good wharves and piers-an object 10
which every citizen was deeply interested. They
given control OF all the wharf property OF the
city for this end. They were TO determine upon
plan, and this plan, having met the approval OF the
joined to carry 1t out He reviewed at length
the provisions OF the Charter relating to the sub
ject. The whole question turned on the
be 90 given M the
question was whether the whole amount OF money
raised would be paid in bulk to the Commissioners.
or whether every claim and voucher OF the
he pay the same by his warrant, cOuntersgned
by the Commissioners OF the Sinking Fund. The
Comptroller had honored the requisiti0ns Of
me o ON O. DCcxs a06 0 par sn o 'ns ne
hesitate to pay the 5000 in his hands He could
see NO other reason except to embarrass the Com
mssi0ners, and compel them to send all their
him pay the bills. He read . letter from General
Mcclellan setting forth the embarrassments under
which the board labored through uncertainty Of
70
the city was paying seven per cent interest on the
bonds while the money was given over 70 banks
RESPONSE or MR.. srRAHAN
In passing upon this application the Court,
he insisted, would have to determine, in
the frst place, what were the fiscal ar
city ana how the as hs
administration. The present city government was
reorganized by act passed April 8, 1870. This act
was entitled IAN act to reorganize the local gov
monty known as the Charter. In section % Of this
statute 1t was provided that the executive power
OF the Corporation should be vested In the Mayor
and the departments created thereby and two Of