, 1876-12-02


Mr.. Sutt!, tEcu quoted from the statute TO
slow that tim l'iar'l hnl tim power to Innku all
contracta, null that cxprcss power 10 bnfttl 4
ftas 5 s wos .st was fGet9 e r. ~ " N
OF tho Board. Tho courts could only control an
attempted fraud, which hull INT bccn shnwn ln
this ease, mil could nut control an exercise Of
'cgs1 c,5 :" :yg ,ay set b. ,bate men s0aa e sys ays
good security, was nonsensc; duc regard sliu,ild
trla', and the estimate Of practical mon as TO tho
very we'll to talk alo,,t 6u,ltls, but bonds n tGis
casc wutt'h nut bniltl tho Cd,irt-llousc. bond.
werc merely documents tn rot and bs gnawcd
ly rats IL vaults, antl for 1T ol iaWysr, y' ' 70
$5nO, non through ,IefaultIng City Treasurer,
and Of what use wcrc the bonds to uaf lIo
cnnten,1e: and cited authorities in SUPPORT, that
lilo Court had no power to review tho action OF
positive evidence Ut fraud was adlucct, Or thu
discretionary powcr ut the. corporation was
1nnffcstly Gluscd to The fetritncnt at'l oppres.
sion Of tic c!ttzcns. Where charges OF fraud
establIshed by proof; general 'cl,nrgcs amount-
cu to nothing. There were, he maintained, no
allegations OF fraud 'ri tho blt TINT would, With
Tho iii only contained acc,,satlons of general
character, anil they cut no figure In cast 0f tlis
character. It. was established that Sexton was d
highly proper party ~ perform thu contract; thc
only l1llnH i'll Tue Ulll uLAlHbk nlIll WIZ VI LHt
effect that llo was carpenter by tra.sc, and not
an expert III lrot,-work Or nasonry. It was
proven, lloweyer, that Sexton Ind bccn general
contractor for eleven ycara, had built al' de:
was thorough ! conycrsat't with tho subject artl
Rbe to mako profitable and close purchases.
Every architect IN the cty had been planning
md figuring OIL the Cnurt-iI0uso for five yeara;
fessiol, Ind every conceivable Interest to make
| thB Gstlinltes as low as possible. Then What
| cyhiencc of fra,id was there Wien tho contract
was let TO perfectly competent !nan at s5s, ,o0o
that tho Advertisement Implied tint there Should
| he separate bids for tho masonry md
trnn-worls. Theirs was no good reason
why such MI, exactlon should be
pialnants, ths l'oard had prurcciletl In proper
ina1lner. Sexton put IN q bid for the nasoiry
and br!ckwork, aud then stated In roilnd NUM-
bcrs what lie would do tho whole work for: Mr.:
disposed Of thom onc by Que, contcndlng that
| there wns not particle ol proof to slistatn
them. Defendants denied oven the ya4uo
charges Of the bill, anil they claimed TINT Sex
promptly ana more satisfactorily t!.an any other
inan wlso had done work for the Board, ntl
TINT consequently they wcrc juststlud I'll award
| Ing Him tll. contEact Ii question. 1twnsncsthrr
tion ti Of tho' 'work of the Courthouse 1t price
! below What responsible men could reasonably
be expected to tlo the work for. In concluding,
counsel said nothing had been shown lly tho
uSst . suu W ~ o't ~ ~ act'1.t
| mcnt.
| MIR. WOODBRIDGE
then replied for the complainants. lio Bafl he
that It was very desirable that III due time asitt
j lit proper wny We should have CoNrt-H0use; :;
md he wnlll be tic last ono to object to my
IL, h tt ol taroat ~e' @ t was e,,s eus'ss "
ent Wm 9e pu9G t 1 M ~ a, te edsI tot a.
fishieolsness nut ~ ~ not umnctsta,aa inaI
inptopct ncans iu p11ponGu IL IT, ioMs'uGs ,aa ane
Hnan!G asPgst " lug n'tt, na w , lam nsa'
pte u y. A4G na! aite".S . asu,, s Isnn,
ciatg luii n!seussl9' ol 'n9 .'Hoty IL! ncn.
ol t!e suniScl} w., Mau m'su ,ss.f,Sa " ~. ~ ~,
e!Anprutc An sh44!u' =. IA" alloott
VI ~ asts'sS ~ Won"it S1S .,t ~
ute - ..u tn po1s ututt t .s,,t, a,.aaI,,
oat atempttns 70 80 over .no Gfound j.. H., ai'sa"y
tfaytfsell. lug ot4 %as pfosciteu 10 ttso GonaS
iHucr two aspects: FIRST, = taxpayer casnc anu
eonipalnca ttaS tns punliS l'lteaese .t. au nee''
oserlookeu ~ tno ,s, ,aas,eF 5T, a Ls en,', n,,,
faSt stSon1 R!vatC s;. Ix"nt 'rh;,' a.. c" na t' s
elAmeu tnnt lc nat! f'eits which & nag occn a,s'
rcghroco' anu Wh'cis ~ MoW so4hnt 70 c,l-
force. was ufseu upon thS tnlesls' ssa
~ OF the H., case ~ ~. ,,,aH M!ounttec, lau g
that tlIo Court iMd no fgt 20 Try sueM eIse M at
tne suit ot iaaIAye1, IT, WV eoseso' NJ. ~. n9"
eSer LIN tilo saxnaycl h1gnt nvoks to a at 9. :.
l!e Ca4rt 70 restrain m asi & ui!9a & s.gs, nut l..
was eamea tnat Ineie e. aGasG ~ s.oou ,, IoM @
aticteht !ootins, anu LINN Tue Courl conta ohly
lnteriefe 70 restrain wtonG exercise VI at' agt
WITHIN inc discretion 91 ttc m hoa!a wien lts u,
or The representative q tue people: He dld n1i
thll'S that gestrtclion lau my partlen!ar vltai
"; ING autilottles Wn'cn Haa oeen e!te1i nlaae
no sisM tnst!netl'. ~ CohlISt'c1le, 1atiau,s
al.!l ulGa nsates y t,aa pcG,. 'e'I .,,at - a
pnycr might seek tt'la remcy. ~ tlln STATE OF
New lork tic remes'y had been ac,ltea 10 INK
tho lroil4 ttnt hls rEa WGto Soinao,
10 all otnGr peopie y! theinan'e1paley nnhnMet
WIS ot the lay III tll!s ease, nor Tue pfevallln!
Ivy Ivy In England or m ~ t!is country. Areorin: e
lllloh ~, eec. W ;he question 70 oeconA!aeret
III ErnhtlhG shclt Ieci WAs whether a1 li!e1eIst
" the b';raen ot taaatl9il W9s thscaiSnGti. ~
Sides JuuEc Cooley, OF MlcE1enift leiH tI1at ally
abuse oi existing power was all het altfa vlfca
was ,.rt Mar moe whsro III tbs i,aarI ia nc