The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1893-08-31
JOHN N0LAN'S TEST Case
Eadeavoring to Compel
Comptroller Hough to
Pay Old Claims.
THE ARGUMENTS TODAY.
Owe of the Last Inscriptions Acts
of the Late orestes
Cleveland.

Judge Idppincott today heard arRu
nent in a very important case In relation
to the payment OF the old claims of the
Street and Water Board which were
created during the rule of the late Orestes
Cleveland. The one claim which was
selected rs q test case was that Of John
Nolan for 1859 o.. Nolan vas represented
by Charles Corbin, the city By Corpora
ton Council Edwards and Corporation
Attorney Wearts, and Comptroller
Aough By James e. Erwin.
It seems from the argument that in
1891 the Board of Finance appropriated
to the Street ana Water Board one-half
of the license fees for the repairing Of
paved streets. The amount appropriated
was $3.50. 900 and this vast sum was
s~quandered in a most reckless fashion
between July / and December l.
oREsTES SIGNED TAE WARRANTS.
In April. 1892. after Mayor Wanser
was elected, but before ne took Office, the
Street and Water Board passed claims 20
the amount Of s4s,0 900 to be paid out OF
license money. On April 81, the
late Orestes Cleveland. weo was acting as
Mayor, added to his many unscrupulous
acts, that of signing the warrants for
this large batch of claims aud then the
warrants were sent to Comptroller
Hough for his approval. The Comptrol-
Ter refused to pay the claims on the
ground that the appropriation had been
exhausted.
The Street aud Water Board hopsd
that when July. 1892. arrived and the
license money again came III, that tn ese
claims could be paid OUT OF this appro-
priatiou. The Board of Finance, as then
,,AeStt,tn1 xrua uutiIfnr fn nnR fh O
claims, bat Mayor Wanser refused 10
sanction such action. and therefore the
money was moe appropriated for that
purpose.
LEGISLATIVE AID.
l. To knock out the honest objections OF
Mayor Wanser the men holding these
claims against the city went to the Legis-
permitting the payment of the claims.
In May. 1893. the Board of Finance de-
cided to appropriate one-half OF the
license money OF the preceding year for
the repaving of streets; but 10 protect
the city against liability of judgments
on these old claims and their payment
outside of the license fund, they pro-
vided that $64, 900 Of the $l20. 900 so ap-
propriated should be used for tue pay
ment of these claims without interest. if
they could legally be paid.
Ths Board of Finance directed Coup
troller Hough to Day the claim OF john
Nolan. to raise a case, aud the Comptrol-
Ter under the advise of Corporation
| Counsel Edwards refused to do SO. al
though it was admitted that Nolan had
done the work, aud was morally entitled
10 the money. Nolan after the Comp
troller refused to pay him, applied to
Judge Lippincott for a IN ,ndamus to
compel the Comptroller to sign his war
| rant. I'M Judge LipDiocott granted a
,,-l ~ . ~ vs. a, ~ - fhiu o h ~ VA xan In
done.
THE HEARING TODAY.
The writ WAS r~eturnable today and was
argued by the counsel before mentioned.
There seems to be an impression thai
when Judge Lippincott renders II decision
1T will be IN favor of Nolan, but it does
not follow that all che claims will Ds paid
under this decision, because some of the
claims will bear Il very close inspection
and are said to be very shady. The entire
argument today was testimonial aud was
on the construction of the Statute OF 1898