New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1884-02-13
uNEXPENDED BALANCES.
TRANSFERS OF THEM ENJoINED.
OHM II. BIRD SECURES AN INJUNCTION fho"
JUSTICE poNoHuE,

,ouN H. BIRD SECURES AN INJUNCTION fho"
JUSTICE DoNoBuE.
The question of transferring alleged une&-
,,snded balances by the Board OF Estimate ana APp
sioumant was brought before the Supreme ooas
aav an thu application OF John II. Bird for an Vuno'o
.,n tba co,troller from making the transfer IN 'no
-. %, tho Camu issoners OF Accounts. Mr. bliu aP
nsared with his counsel Charles b. Miiief " s'o -
nevelin A. Miller, before Justice D"aohue' "Ho 'n
inc the paper, granted temporary inIuAe''"
able on February 10. 90 ,ho rsoent
% o,o,nt recites the facts In regard 10 inc reoen'
-, - nv the BOARD OF Estimate FOR the use OF the
.,,n,ss,orers Of Accounts. When the question OF
tipg an appropriation for clerk hire Tor the Comms
o,e,S Of Accounts before the Board OF Estw"'e !"
Docember Pres dent Asen, OF the Tax Department
,ssd 10 vote the ground that the law ooes not
.~,nortze such an appropriation 1t requires CON
.on, vote ~ the four members OF the Board Of Es-
,,o IN make an appropriation IN the final estimates;
100 Mr. ksten was abo defeat this appropriation
But transfers Of unexpended balances are nlaoe ny
majority vote of the Board OF Estimate The ComWs-
soners OF Accounts after January l. appheu Ior
transfer of an alleged unexpended balance to accomplish
,ha same end as defeated by the reiusaI Oh
IN vote for the item the dual estimates Against
she protest OF Asten the transfer wa made ny
,or+ty vote OF the Board Of Estimate. 10 resu@h 'o
aetna, expenditure OF this money under the reso'uo
making this transfer and TO test the Legality OF inc se
ten Of making such transfers Is the purpose OF ni'
nj
sounsel Mr. Miller. lie said that he had no oouo' Una"
the .rro system 30 far IL relates to transfers IRON
pnexpended balances OF preceding years. was "H'"'
illegal o,.,.o, and
In his complaint Bird states that ne Is c''@e n
taxpayei and Is assessed for SloO,Ooo ana uP"No' ~
ar, ,etars 70 the powers OF the Board OF Esunate IN
making transfers aud alleges that III c"hlraVen"o VI
,ho.a movers the Board on February 8. 1884 psssed
resolution authorizing the Controller TO transfer -
isom unexpendee balances for the years e cmm,sscp
IN
ers OF accounts clerk hire for the current year me
complaint alleges that the Bos Snd s.cept to- depart
inent OF the city government and tue .n he Poard
u not authorized or empowered to transfer
an expended baance except those wnch nav r
e Of Wakine the general estimate for the pnr-
poses Of the next succeeding year enc , @
boiences mentioned in the resolution passed February
accrued prior to 1877 and were not ranseried oi Tue
u6ority of law for the employment OF clerks by tne
"reminiscences Of Accounts, or for the expenditure Vi
money for clerk hire or contingencies
MR.. BIRDS REASONS Fon HIS ACTION
Mr. Bird said to q TRIBUNE reporter: al do not take
This step for political motives. for never was Id politics
and never will be- But pay taxes on real estate worth
S25OO0O am tired of having my taxes rolled up eA-
asve,y wear after year. believe that the city Is neeced
through this system OF illegally Transforming unexpended
balances and am going to fight It. The transfers ior
the mast six wears have follows; 1873, S36s-
s537 s21 90; 1882, 1864 PAS 09i 1888, $5422s5 "a.
making total OF $2,1S693S 80. That means
tnst 40 much money stolen IRON the Guy:
and there are bet two aud three millions more OF
,nexpended balances that will be stolen the system
mot broken down II requires una1lmous vote OF ,
Hoard OF Estimate and App0ronment 10 make any APP
1ronriaton but transfer OF balance Is made ny ma
;rty vote So departments that fail TO get All ae noney
they X for or want money for purposes ta they nare
NOT ask for appropriatOus before the Board OF Eti
Tnate and ApportiOnmeDt after the REGULAR applopra-
fions are made and get a transfer. Ihen, toO, uncSe
transfers are made from balances that nave heen puf-
posey left Appropriations for legitimate purposes are
obtained m excess OF what Ia required. ana then IN the
next wear or two what is left IL applied 10y trfcr 10 an
fIegitimate purpose The payrOls are sweled oeyChu
ali reason and the city Is practically defrauded
.TThe Commissioners OF Accounts do not form depart
ment of the city government Under pretence OF great
activity they have employed clerks lot OF incapable
men who have been discharged transferred from ohcr
branches Of city government and III doing so they
have violated civil service rules One OF the Commas
sioners of Accounts George f. HILL was formerly chef
bookkeeper IN the Controllers Office and right under hts
ewes the coupons audited and PAID over ana
over again Hagen Billings presented lot or coupons
on Nav ~, 1881, when Hin was chief bookkeepcr Incy
were audited the day and were paid May 20. Ihe
same coupons with a few exceptions were presented
again ON Nav 49, before they had been PAID from tue
previous and were paid the second time Oh
NAV 26 Again, i. Morrison presented twenty coupons
on Jupe O. 1881. They were audited June 2, ana paa
June 10 The coupons were presented py Haeen *
Billings June g. audited June aud paid again June l3'