, 1876-10-15
THE COURTHOUSE.
Aid. BalIard's Application for an
Injunction Against the
County Board.
To Restrain the Ring from Par
ticipating in the Contract
Stea1ings
Argued Before Judge Farweu Yester~
day"..Great Array Of Legal
Talent,
John Rountree and the Ring Deter.
mined Never to Let Go, II
Possible.


mined Never to Let Go, II
Possible.
The Court Takes the Question
Under Amusement.
The arguments in the matter Of the applica-
tion for the injunction to restrain the Board Of
County Commissioners from erecting the Court
House were resumed before Judge Farwell yes
terday morning. The proceedings were technic-
ten or fifteen people felt enough interest In the
talk to sit it through.
Upon the opening Of the court,
Mr.. Rountree, on behalf of the Board, asked
leave to file q supplementary answer to the
amended bill.
Mr.. Woodbridge, for the complainant (Bal-
}ard) said tho answer would probably present
now points for the consideration OF the Court
He had not been able to make preparations to
meet them, and he did not feel quite to ready
to proceed.
Mr.. Rountree replied that they had done
what they had been directed to do by the Court.
His Honor desired them four weeks ago to set
up all the facts with reference to the financial
condition Of the county, since it Was upon that
question the Court wanted further argument.
Instead Of setting it up by affidavit, they simply
Incorporated it in supplemental answer. There
was nothing in the answer but what was before
the Court the other time. except the fact OF
tax-levy for the purpose Of the Courthouse,
and stating the amount in the treasury. Coun-
sci could not be taken by surprise very much!
Mr.. Woodbridge rejoined that he 'cds taken
BY surprise, because he understood that the
$4,000 Of fire bonds we're not to be disposed OF
untilthe further fhearing Of the case.
Mr. Rountpee-No such arrangement was
Mr.. Woodbridge-Thcy have anticipated your
Honor's decision by selling them. Approprta-
tions have been made for the work, and they re-
quire some examination.
The Court remarked that he could not judge
as to whether It was necessary to take further
time until he saw what was In the papers. He
would allow the answer and anything else to be
read, and If he saw frum the facts it was neces-
sary to give further time he would do it.
Ar. Woodbridge had no objection to the an
swer being read with that understanding. Dir.
Rountree then read
THE ANSWER.
It set forth that the only moneys appropriated
By the Board OF County Commissioners tor my
purpose whatever, and which we're not trans
fcrable by the Board for other purposes, were
the moneys appropriated to pay interest On the
DCuu6U lUOeDLEtuE3s luClIIC0 UOtu QC4Q1t ALL
since the adoption Of the new Constitution, and
to provide for sinking fund for the bonded In
dcbtedncss incurred since the adoption Ut the
new Constitution; that the entire amount ap-
propriated for such purpose did not exceed the
sum of 1900; that the entire balance OF
moneys raised By taxation can be used by the
Board in any way it sees fit; that the estimated
cost Of the Courthouse will not exceed
81, 500, 600, aud that it was not true, as al
legged in complainant's bill, that the inter
AL,i tvf3n add a1 n
the other necessary appropriations for county
purposes, raise the ta1-leyy for county purposes
above Is cents for every $100 Of valuation Of
taxable property The defendant denied that
there was no law under which the Board could
obtain any money for the erection Of the Court
House without first submitting the question OF
taxation and the issue OF bonds to the vote OF
the people. After denying about everything
else in the dill, the defendant admitted that
the contract was entered into, and that the city
admitted nor denied Qeaving the complainant
to his proof thereby that the proposed award
Of the contract to William Mcneil & Son to
construct the county's portion OF the building OF
limestone was opposed to the wishes OF the
Common Council. The defendant had urged
the city to prepare for and progress
with the work, and directed the proper
Committee to hold frequent conferences with
delegations from the Council with reference
thereto, and had submitted various propositions
the part of the defendant, and all attempts
made to induce the city to proceed had totally
and entirely failed. That tile city had at no
time since the making Of the contract been in
the performance Of the contract upon its part;
that it was not in a financial condition to do so
now, and that they had no prospect OF 1t within
reasonable time. That, in fact, 1t had been
proposed to the defendant to proceed and erect
the entire building upon some arrangement on
IN he made with The G1tp.
tions to that effect were still pending,
The defendant, by reason Of the refusal, after
repeated demands, considered itself entirely re-
leased from its promises or obligations under
the contract. and desired to proceed with the
erection Of the Courthouse to meet the public
interests. The defendant further said that the
structure, when completed, would be IN fact
two buildings, and TINT the building one-hah
WILL NOT INTERFERE
with the design, and not increase the expense
ssin a very large sum Of money!" since it would
b. perfectly feasible to connect the two build
ings without interfering with tue harmony and
safety The only Indebtedness OF the county,
Temporary loan Of sl5o,00o, which. in
ease Of. necessity, it believes could be
indefinitely extended at low rate Of interest;
The bonded Indebtedness was OF two classes
old Indebtedness existing at tue time the new
constitution went into effect amounting to
s2,742, 600, bearing interest at per cent; and
the new indebtedness incurred since the adop-
ton OF the new constitution, amounting to
81, $50, 600, drawing interest at the same rate,
and due in 1892. The valuation Of real and per-
sonal property In 1876, as equa]ized by the
State Board, including capital stock and rail-
roads, was S2l5, ,000, ,000-suhicct to- taxation.
The following sums and amounts we're availa-
bic. and appropriated BY the Board for perform
ing the contract with Mcneil s. Son, and are
part Of the ayails Of the county for such pur-
pose:
Delinquent taxes Of 1871, re, '73, . nm ~
and $f!tf, 0-o Ho
Reform School property 3uu, wy. ~
Proceeds Of bonds on hand. los G50- oo
Tar law OF 1S70............ 425, 600. 90
1o[al - ~ o-> ~>3o' 80
Accompanying the answer was an affidavit OF
Architect Egan, which set forth that the delay
occasioned By the Commissioners examining
the various qualities Of stone had prevented
any material amount of work being done upon
the building during 1876, and therefore it could
not be reasonably expected that the performance
Of the contract for the cut-stone work could be
accomplished until the fall Of the year 1877;
that, during thu progress OF said cnt-stone
work, it would be ne. essaTy to perform the IRON
work and lay the brick and masonry provided
Tor in the specifications; that the estimated
cost Of the iron work Was $16O,O00 and OF