The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-01
THE DOCK COMMISSIONERS.

Proceeds OF the sale or Dock bonds
Shall the Comptroller or Dock Commits
sfoners Have tho Disbursing Of the
Funds !-Applfcation for . Mandn mus
Against the Comptroller Denied on,
Technical Ground.
For some time, as Is we'll known, there has been
sharp legal controversy between the Dock CON-
mlssioners and the Comptroller on the subject
as to which shall have control of the funds
OF the Dock Department, accruing from the
sale OF dock bonds. The Comptroller has re-
naming in his hands 100000 OF this fund, and
the Dock Commissioners required Of the
Comptroller to pay over to them the entire
sum in bulk instead Of delivering it by the piece
meal to suit his convenience as thus far has been
done with the remainder OF the sum. mr. Green, be-
control OF the financial part OF the city government
would not hand the fund over to the Dock Comms-
being counterslgned, moreover, By the Commits
sioners OF the Sinking Fund. The result was an
Court, for writ OF mandamus directing the Comp
troller to honor this requtsiion. The case and the
rcportsd il the MEaAID az ths me judge Leon
ard yesterday gave MS decision upon the applica-
ton: 1t will be seen that he denies the same, but
OPINION or JUDGE LEONARD.
The Department OF Docks is invested with very
city Of New York in purchasing material for the
construction Of docks ana In employing labor in
and basins, and in acquiring dock property, &c.
The Commissioners are not called upon by law to
ety. as Of the Sinking sn IN
respect to any Of the plans, contracts or expendi-
tyres q their department a Ine Commissioners t
city, including the leasing and collecting the
revenue to be derived therefrom. For the pur-
the COmmiG atOnara authorized to make the
execution Of the powers conferred ERR upon Them by
ser 81 the Of q s os e eom
troler, on the direction OF the Commissioners
OF the Sinking Fund, is directed to issue bonds Of
in any one year nor to be sold at price less than
par, and the proceeds, when sold, are to be de-
posted in the treasury OF the said city. The
troler for the objects and purposes provided IN
es sns a q IN sad f sosfa Che int
the Sinking Fund. The Comptroller has issued
and sold $l,ooo, 600 Of the deck bonds under tn. the
Fund, given to him in November, 1871. He has
paid to the Department Of Docks two several sums
Of $3.50 900, and the said department has made
signed by the Commissioners of the Sinking FUND,
for the remaining $5O0,O0o in bulk, but have made
No STATEMENT OF THE OBJECTS AND PURPOSES
for which that amount is required. . 1t
- required by section SO that all money drawn
nom sns cIty treasury shall be upon vouchers for
the Auditor, approved by the Comptroller and fled
in his ONCE. ~ The Comptroller cannot
by the Department Of Docks He is to pay on the
requisiti0n Of that department, countersigned by
the Commissioners OF the Sinking Fund He must,
as the law requires, have this particular voucher
for the money raised on the dock bonds before 1t
can be drawn from the treasury according to law.
. The requisition which has been made is
not accompanied by any certificate, statement or
vouchers for the "ebjects or purposes for which
the sum mentioned Is required. The Department
Of Docks is not therefore, technically correctly
before the Court, and on that ground only the APP
plication for percmptory mandamus is denied
without prejudice to future motion.