New-York tribune., 1874-02-21
OATS AND THE CLIMATE.
IHE COURTS.
THE TENTH NATIONAL BANKS CLAIM.

THE TENTH NATIONAL BANKS CLAIM.
ARGUMENTS on THE MOTION FOR hANDAaCs'
The arguments on the motion for writ OF
o ,pnrranto directing the Board Of Apportionment to
authorize the Controller to issue stock for the payment
of a claim OF s242579 "a by the Tenth National BANK
alleged TO be due overdrafts by the courthouse
Commissioners in 1872, heard by Judge Donohue
yesterday in the Supreme Court EIJudges Ednonds
and Davies and Mr.. Anderson appeared Tor the banR,
and Mr. strahan and eIJudge Porter for the fespond
ens No additional papers were submitted e1cept TWO
short afdavits from Deputy Conrouer oto'rs 'h'
the reator was never designated as depository paA
for the city departments under the statute OF 1860 ana
second one from Henry f. Taptor. that the bills re-
ferred TO by Mr. Palmer President OF the pahk were
never before the Supervisors.
ExJudse Edmonds inquired in great surprise whether
il was denied that the bank was ever chosen st one OF
the public repositories Mr.. strahsn replied that no
denied II so far as the departments were concerned
ExJudge Edmonds then proceeded TO argue that the
nanArs nroyed the claim 70 be legal and valid one And
Ss advances made in good He then inquired
what the nature Of the answer put IN inat a mo M
that ran through the whole The fact was that
the counsel wrote to Mr. Green, Offering TO snow MN
time then Counsel then wrote to HIM inviting nu ts 1
HE leisure 70 which be answered ,hst tina ,1. .Se
o o. the balance should placed In his hands to be
ss@qsa ' e as s'gs s ensd made ''Ss sIs, ns
Wonld wait upon CHIN si any time, and let him
Nt.o ,ha yhucbers made any reply.
"Do The Board OF Apportioni4ent want 70 save the
,dnp,s I s9a zoo at the expense OF the bank or 70 make
nautical capital 20 cover the reuissness III 'no
pnsst OF ofacers Of the Finance Department.
The argument OF Mr.. Srshan for the bSru S Ppv no
tionm was based the claims frst ths. nero - ~
valid claim against the covnty which the retos HGe, &
titled 10 have paid out OF the stock In dueston Inc
Courthouse Con- ssiopers have no tlsnt 70 oorror %
money on .ae faith OF the county sno m2,i
respoasD.b for advances made TO them as
ere Of the Courthouse The acts OF 1870 ana ls autno
ile them ply to eIpend money for me OF
the new Court house IL was handcd V theih w tn.
Finance Department. The only legal acton eve,
claimed legsizng loans expended by the department
were Chspterss aud 40 Of the Laws OF 1877 tine aIe,
oehe an amendment 70 the forner and these ae,s ud
moi exaIlle illegal loans. Tho net was @
10, tbe reason that being local acf u lnelunes tWo
sunIeets both 10 the title and In the body, the nupcy
"rlng that ~ included debts OF both city and county
and they were utterly distinct
ia lhe second braueh OF his argument Nj. Strahah
sald that III proceeding for peremptory naudnibut
the return OF The relator considered as true
anu only l-admttlnR That 10 be tmewheIe u amounted
10 no Objection III Law TO the issue of peieptory man
danus. r0uid maucamus lssue la such "A prOccedug
the pIucple was the same a demurrer Dcen III
ferooSed 10 The retifu La THE ease to return a.
tue, 1t appeared that inG Commas had uot bJI
rowed the money, had not autborzed the borrowing.