The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-10-17
OUR COSTLY BRIDGE.
Argument on The Motion to Compel Comp
trdlsr Kelly to Issue More Bonds.
TEN MILLIONS ALREADY SPENT.
President Murphy and the Trustees Charged
with Fraud and Extravaganza

The argument on tho motion TO compel Comptroller
Kelly by mandamus ISSUE 81 600, 900 bonds for The
Brooklyn Bridge continued IN Supreme Court,
Chambers, before Judge Barrett yesterday morning,
MosArs William Henry Arnoux ana Robert Il Strahau
ropresenle ted tho oty, and Edgar N. Cullen and Aaron
j. vandcrpoel the Bridge Company
Mr. Cullen argued the question OF the proper
form OF bringing this proceeding that the appiica,
ton for a ~ au damus should be directed against
the Corporation Of New York at large, but specially
against the Comptroller, because It his special
fault that tho Corporation did not fulfil It's duty
Issue these bonds. Mr. Cullen urged that the Com
Council had right 10 pass resolutien direct.
ing the Comptroller 10 withhold the issue Of The
bonds until the question mad been tudically settled
II was II the Common Council wore saying 70 the
Comptroller, .Dont obey the law" Mr.. Cullen
handed to tho Court Autographed copy OF the
opinion OF Corporation Counsel Whitney that 'hs \
city bound to issue these bonds. :
Judge Barrett asked II there were any private IN.
terests In the bridge whether IL solely q
properly OF the two cites2
Mr.. Cullen replied shat by tue act Of 1875 ITO pri.
vate stock in the company purchased, and IL
now entirely owned by tho TWO cties rs claimed
that the of S. 600. 600 nxod for the u
tho bridge limit.
CAN THEY SPEND HUNDRED MiLLIoNss
Judge Barrett asked wheIher. according TO this
principle. the trustees OF the bridge could spend
500, 900 IL and whether alter the S., ooo 600
provided Tor had boon spen. the work would nave to
stop until the Legislature authorized the remainder
or tho expenditure OF this sl0O, 000,0 900? Hs
Mr. Cullen replied that It 1t Was apparent to the
Court that the bridge would cost 500 o00 OJo IL
would, doubtless, be 30 a,rocous case - 10 Justify
1t IN refusing The maDdamus.
Mr. Strahan-The point winch wanted MI. Murphy
to meet, ana which l understand him to admit, is
that according ~ tho original designs 1875 ths
bridge would have S. 900, 900; that
through his waste extravaganoe ana iraudulency this
Judge Barrctt-I DO not understand him 10 admit
It, Will hear you in the proper time, Mr.. StrAhan.
rcccss whom MIR. Strahan replied behalf OF Comp
troter Kelly. Nj. Strahan ciaimod that II vas
no mandamus should DO granted The city OF New
York was corporation. and could DO sued.
IL was neId that an action DO brought
against the comptroller ana mandamas
tory upon inc Comptroller 70 issue bouds and pay
Tor work done tor the city. He maintained tuat the
their remedy against the city any other
creditors: More especially must Inc proceeding
this must DO passed upon by the Auditor before It
properly be presented to the Comptroller Tor pay
Greco, the cour. Of Appeals soia unanimoasly ina.
tn Comptroller could not be called upOa pay any
demand or claim until II had boon properly examined
Mr.. vanderposl denied that the trustees Of the
SOME ADMISSIONS.
Mr.. Strahau awet upon ths that Henry Q.
he onsihird higher Than IL WAS liked in The
1875 Tue trustees came into TINS and admitted
ton work by the Legislature OF 1875 but they
said that by OF their WASTE extravaganza and
work except for one-lhrd more than was stipulated
| by the Legslaturo The Comptroller ready V
BY him againsl the trustees in rsi.rosoe 20 tneir
| extravagancs and fraudulent acts. Was II
tolerated that whore expliciI limits placed upon
! puDno officers the experience with the New YORK :
Court House was to Do repeated when money was
ten times more than was originally sstimatedY The
trustees must be held 70 tbeir duty, and the only
them 10 tnsr duly w,snhola shs fands asKs1
isr until Il Was Judciay decided that these fund.-
form their ebnsation and complete the briaxe with
the amount stipulated by lsw.
Mr.. Arnoux argued that, ~ the Comptroller acted
under the direction OF the Common CouAci, the man.
damus II granted ~ all must be directed against the
the issue these bonds. Mr. Arnoux quoted from
the law OF 1875, providing that the wncls mouns to
be paia ~ both oss shall net exceed $4,000 600
POINTED QUESTION.
Judge Barrett-How muca has bsea paid aitogsthsr7
Nr. oulsn-Fiye millions ana three hundred thou
| Mr.. stranan-Tsa millions altogether, under the
Mr. Cullen-Yes; about $40, 600 600 altogether. 4.
''We know that This million viii Do merely thrown
alter l. is spent, the work VIII ssiii DO incomplete
Your Honor cannot assume that alter they have cx
haasted the 81, 100000 INC Legislature VIII grant
them more, ana n the work has 10 stop, tucR why
not let - stop nswf They think the Legislature viii
say, Gentlemen, we shoald never nave grant ed you
this money We mad not thought that you would
complete tne bridge with IT. bat ~ you are 90 near
tho end We will give yea the rost, bus
Your Honor assume thai the Legtslature will
be influenced by any sucn argument Tor, 10 do so,
would DO 10 encourage the wastoiui wicked
travasarcs OF thess trustees Il would DO p0tting
premium upon fraudulent oondustin the administra.
uon Of civil affairs"
Before this speech finished the Court "a.
joured until ihs morning. whom M Arnoux will
81 udc his argument Mr.. Vanderpoel will reply on
behalf OF the Bridge Company, ana Judge Barrett viii
then take the papers reserve his aeoisioa In she
A DIRECTIVE ARCH.
@oa& FHF