, 1876-04-19
A Mandamis Asked by tho Board Of
Public Works on Comptroller
Hayes to Pay Hlll
OF $4,000.
Arguments for the 0omplainants BY ". O.
Goudy and Judge Morse.
Obadiah jackson, Frank Adams, and
8. 8. Hayes Aoply for the
Respondent.


has grown so strong that 1t han boon doomed
necossAry to tl1va tho question determined by D
court, 10 that, II legal, public confidence may be
restored, and II illegal, tpat tho city might DO
warned In time, 30 - 70 rosort to other methods
for ratsing 1nonoY. A petition for maudamus
Was theroto,d fled yesterday morning By Mcsa1s.
PriudiTio, Wabl. and Thompson. constituting
tho Board of Public Works. against 8. s. Hayes,
tho City Comptroller, to compel him 10 pay ccr-
tain certificates Of lndebtednnss. This raisod
tho
LEGALITY or TIE fBsCE
and as tho facts wero admitted, the questions Of
lam woro only rnisod. When Court had boon
formally opened, Judge Rogers stated that tho
Suprome Court lad decided that Lilo Judges
could not tit In bane and render decision.
As tho present caae wAs q common law case It
would hardly be proper for tho Chief Justtce,
FArwe!. to preside, aud 1t had therefore been
agrood that Judge McAlilstot should DO dcaig-
natol ~ the Judge before nhom tho quoutona
should formally bo argued, tho oshots nimply
scting a. advisors.
sin- 0ouDy,
On behalf Of the Board Of Public Works. tho Pc
titioness, ilrst read the petition, which sot out
that tho city was, in tho apring Of
1875. Incorporated uulnr Tie net known as
tho act Of 1919, and 10 now governed by that act
aud all other acts not incons!stont therowith.
Under sLis ehartar eompiaipants compriso AT
among ottier things, OF publle B.rooss. Thcr0 ts
another department. called tho Treasury De-
pattmont, embracing tho City Treasurer, City
Comptroller. CITY Clelk,. and City Collector.
having cllarge Of tho city finances. The Comp
trolfer also has power to oxanino all accounte,
claims, and domsndB for OF against tho city,
and sign alt Warrants drawn On tue Treasurer.
before tho ncw charter the fiscal year began on
tho lst day Of April, but pinco that time it has
boon the 1st dsy OF January.
TUE CITY COUNCIL
is required BY law TO pasn M Appropriation bill
within tho frat quarter Of tnch hBcal year, In
which shall bo appropriated ail euns Of money
mud tho objects OF uuoh appropriation shall bo
mentioned in tho ordnance together with the
amouuts for each specific purpose. No further
Appropriation eau DO ma1o Tor such year unlosB
tho propoBltion be first submitted to md passed
On by tie legal voters Of the city. nor can tho
city debt abovo thu Amount provided fUr iu tho
annual Appropriation bill OF that gear. The ag-
gregnto amount Of tho annual Appropriation bill
Is to bo levied Oh tho taxable property Of the
Treasury.
On tic 9osh Of June. 1876, tho Appropriation
bill for the fiscal year of 1675 was passed. up
propriasiug $235, ,U00 for cleaning aud repairing
6LEantet WHICH, AHuGu 20 LnQ uuGApCuQeH UhIAQC0
on hand, mado 9263, ,0C6.22. to bo spent BY COM
plainants: All OF this SUM waa expended befoEe
tho lat of January last. On tue 22d Of March
!ast the Council passed an Improvisation bill for
the year 1876, ga7tng $168. 200 to cleaning and
repairing atrcots. THIS amount has not yes bocn
collected, but by law 1t Is to bo 1eysd all tax
able property IN the city. During March work
has bcen done in cleaning md repairing atreota
10 4 large amount. covered, hoWovsE, bg tho last
Appropriation bill. According to the
HfF44f1
the companants have. among others certified TO
the Comptroller hu original payroll for such work
done under III. Ford. as foreman. ny men
employed By oomplaiuausa' authority to tho value
Of $2 o6S8s. aud ~ tue saIno time requested the
Comptroller to audit md aljuat such ctaim aud
draw warraut on the Treasurer for tho amount.
Tho Comptroller audited tho olainl but declined
to 0raW Warrant on tile ground TINT tho monoy
appropriated by tho Appropriation bill for tho
tiacnl year OF 1876 had not beon collected and
ponded balanco to the credit Of tue street fund,
and tue powor Of tho city to make temporary
loan to meet such expenditure In advance Of the
collection OF tho taxes
HAD BEEN QUESTIONED,
bocauao tho aggregate funded dcbs exceeded
Per cont Of tllo value OF tho taxable property a.
ascertainad by tho last assessment.
Tbs conplalnauta admit that the funded dobt
doen e1cncd and bas e1cooded s por cant OF this
ta3abia property Of the city Biuco 1870; that
tAe1o Is no balance In tho Treasury TINT can be
used, aud that tho ta1os Of the prcsent yoar Aro
not yet collected BY tho ac&s of 1865 and 1869,
the Mayor aud Comptroller might make to,npo.
rary loans for co..atn purposes, and this per-
mission waa confirmed by an ordinance OF the
tonmon Council OF April 30. 1876. II has al
maya beon the practice
TO ANTICIPATE THE rAxEa
for tho year by making temporary loans, until
January last such temporary loanA amounted 10
4,G41, ,076b2. There WAS then due for unco!-
looted taxes $8,492. 1859, aud thoro Aro yos
outstanding cersiiicatea to the amount Of about
%, 900. Thero ia now due for tsxeH OF
1869. 1870 1871. 1879. 1875 1871, and 1876 about
cision Of tho Supreme Court in pcnding cases.
In conclusion, tho petitioners allege that It is
the duty Of tho Comptroller to
BORROW TIE NECESSARY MonEY
TO provide for tho monthly expenses Incurred
for strc1t-cleausug, and to draw bis NasrAnt TO.
thu anme, aud thoy therefore ank fos 4 writ Of
mandan,us to compel him to perform such acts.
Mr. uouly theu stated that demurrer had
that tho facts should bo admitted on both aitlos
No thon introduced Judge Morse, who would
make tho opening Argument.
COMPTROLLER HAYES.
Mr, 8. s. Hayes, tho Comptroller, thon roso
and ssatod that ho wished To make a statement.
by tho city. OF would BIO before the lat OF June,
about $3.50, 900. IIo had experienced HOMO
difficulty in masking tue NECESSARY loans, owing
to tho fact that the legality Of tho oyidsnoes OF
indebtedness had boon questioned by tho nows-
papers, and aso because legs!! opinions bad beon
oyar, had stepped forward to take a,eps to havo
tue question decdod by Court. ue had. there
fore. takoa on hmAelf to have tho question
decided hotoro the city went to protest
He doensd 1t 10 be l4.s duty to have the matter
sessIed, ~ tiore did 10. appear to bo any ono
else ready to begln proper sait. Tho noms-
papers and othe1a had declinod to stop tho issue
Of certificates. but Ind contented themselves
with writing letters to Now York or elssuhora,
or publishing articles. llo had Invited any ono
who doubted the legality OF tho certificates 70
give thar seasons and ho uaa glad 10 SEQ QUO
gentleman preaeut who would do 70, beatdaH tho
counzel,
JUDGE M'ALLls1Eh
hoped the oAs1 MAS roAl une. ~ he did not
wish 10 heas fictitious argument.
Mr. Hayes assured hlm that tho pfessat suit
waa begun iu good faith. only tia facta bad been
sgsosd on.
Dir. Adams, who appeared Oh behalf Of tho
Comptroller, aatt that the facts We.o admitted,
hnI I,nd n la H.