The New York herald., 1875-11-25
THE COURTS.
The Seventh Regiments Fight for
a New Armory.
FORMALITlES In BANKRUPTCY PROCEEDINGS
Important Decision by Judge
Blatchford.

The Efforts OF the Seventh regiment to obtain an
armory and driroom seem TO meet with very grave
opposition. An act having been passed oy the Legs
aturc paving way for the erection OF sucn struc-
ture the desired plot OF land having been secured and
the necessary amount needed for the purpose having
been duly appropriated by the Board Of Aldermen the
way seemed clear for the speedy accomplishment
long talked-of project Everything was going very
smoothly until tho Board Of Estimate and Aportion-
ment refused-and without which all that done be-
fore was without avail-to insert the amount appro.
priated in the tax levy for year. OF there
was only one way to get this obstacle, and that
was a mandamus to compel the Board TO incorporate
the same in next years budget Of city expenses An
order was granted to show why such manda-
should not issue, and after two three adjourn
ments finally camo TO agreement yesterday before
Judge Donohue in Supreme Court Chambers.
Mr. Peter B. olney, behalf Of tho regiment, in
sisted that the Board Of Apportionment had no alter
native but make the appropriation. II was only dis
cretionary with them whether not tho $3.50 600 de-
manded should be inserted IN years tax levy or
bo Incorporated in several He insisted that under the
passed by the Legislature in regard to the matter
as we'll under the provisions Of the military code,
the building OF special armory for the special use of
the Seventh regiment not only legal but urgent
public necessity He passed glowing eulogy on the
sgaant Seventh urged that for regiment OF its
brilliant record and promptitude on every occasion to
respond to call for its services, II asking but
small favor Of the city furnish with suitable
mory and drillroom. block OF ground bounded by
Sxtysxth and Sixty seventh streets, between Fourth
and Lexington avenues belonging the CITY, had been
secured at nominal lease for the purpose. The reg
mcnt had guaranteed to pay the expense OF keeping
order the armory and the building once erected, no
further expense would be entaed on the city.
Corporation Counsel Whitney in opening his reply
stated that no one stood ready than himself to
pay its just need of praise to the Seventh regiment,
but the question at present before the Court he in
sisted solely legal In reference to tho lease,
he claimed that by its terms the lands ceased to vest in
the city, except in fee, and could not there
fore, be designated by the Aldermen Moreover,
il was argued that the city could not appropriate
for a building which it would have con-
troll and in this case the designation was nonsense
and appropriation would be virtual notification OF the
OF the recent amendments to the constitution expressly
forbds donations Of public money to individuals
porations He contendcd also that in making this ap-
preparation other regiments would be asking for similar
appropriations for for themselves He claimed
that this against the system of the military code.
In conclusion he raised various technical objections
among them that 1t too late for the mandamus to
issue that the Board of Estimate and Apportionment
had already exhausted its powers and was ttactts
oDicio far as regarded the issuing of mandamus.
Mr.. John s. Strahan followed in a few observations,
after which further remarks were made by Mcssrs.
Oney and Whitney AT the close of Mr.. Whitney's
concluding remarks Judge Donohue took the papers Tor
examination