The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-04

The Second Avenue Paving Job md Who Ii
to Pay for It-ApplicatiOn for a Mnudumus
Against the Comptroller Before judge
Brndy-Tbe Judge to Consider the Matter.
After an interval Of repose on the subject OF man
damuses against the City Comptroller, giving &C.
ceptable quiet to the judges and less employment
to lawyers, the subject was revived yesterday by
an application, before Judge Brady, sitting in Su.
preme Court Chambers By Thomas Pearson, for q
mandamus against Comptroller Green to compel
him 10 pay seventy per cent for work done and ma.
terial furnished In paving Second avenue, between
Eighty and 125th streets. The original con-
tract was given to Thomas d. Morrel in July, $780,
the work heng done under the direction OF William
II. Tweed, late Commissioner OF Public Works. Mr..
Morrcll assigned the contract TO Mr.. Pearson. The
amount Claimed Is $40, 476 80.
IL was urged for the nlandanus that the Inspector
OF Pubic Works had inspected the progress Of the
work IRON time TO time and gwen certificates OF
the amounts due. me Comptroller had repeatedly
been asked TO Pay this amount ana had as repeat
edy refused. lie insisted further that The work had
been done as required BY the contract, that the
tractor had expended large sums IN It's prosecution;
that he was In great need OF the money, and thar
once. Ample power, he claimed, was given the
Comptroller TO pay the sum due, through assess
menI bonds, as allowed by the statute.
The Judge asked II the matter had been referred
to the Board or Audit.
Mr.. Parsons counsel SAID that this was not
necessary.
In opposition to the application 1t was contended
that, owing TO the decision OF the Court OF Appeals
that assessments made in pursuance OF ordinances
not advertised in ting Corporation papers were IN
valld the Comptroller was placed In a very I'M
peasant position The city was at present liable to
soe elcven millions OF dollars, the return OF any
part OF which was very uncertain. The result was,
s Hi comptroller had been compelled TO take
nihi s.dnu ID the matter and refuse TO pay con.
tractors where the assessments were Invalid until
some ieglsiaton was had selLling the matter. such
an ac. was now before the legislature ana ne had
every reason 10 Deileve the same would be passed.
AS tue case stood, the matter must take the legal
course and none oil these claims be paiu
Judge Brady asked how tho ComDIro,ler cou,d
have moneys IN his possession applicable to the pur
pose unless nc could issue Assessment bonds RI
raise the money, aud how he could compsl tho
Comptroller 10 issue such bonds II the Ordinance OF
December go 1853, authorizing the work TO be done
and by implication tne ISSUE OF sucn bonds was it.
self Inyalldf
Mr. Pearson's counsel Insisted that the case in the
Court OF Appeals did not make the whole orflino nee
invalid but only lnvadated 1t as against persons as
scssed and that II d1 not appear that In this case
there was not'tno proper advertisement. As TO the
latter point he insisted that the ordinance was only
directory and that the omission to advertise 1t did
not invalidatc it.
Tne Judge sand that he should decide no appllca-
ton for mandamus against the city on technical
grounds. As TO tho contractor II must DO assumed
that be knew tpat tho ordinance REQUIRED tS publ