New-York tribune., 1896-09-01
LONG ISLAND NEWS .
WEED NOT PAY THE RENT.
LONG ISLAND CITY CANNOT BE COM
PEELED To SETTLE FOR ITS
CITY HALL
THE MONEY CAN BE TAKEN FROM THE TREASURY
ONLY oN ORDER or TIE COMMON cotN-
C1i-NO PROVISION MADE FOR 1T
~ THE BUDGET

r,s.ico ,;,odrich Of the Supreme Court. yesterday
afternoon denied the application OF James Kennedy
for a wit Of rnsndamus TO compel Lucien knapp ss
Treasurer Of Long Island City, TO pay judgment
obtained against the city for rent Of tho premises
used "a city hall. There IL no question ih't me
city owes the money. but Justice Goohrcn nous
that under tho llw. unless the Common Council d.
reefs the Treasurer 70 pay tho Judgment. Mr. heh-
nod,. = N have 10 wait for his money. ON February
~ Isos Kennedy recovered Judgment IN S6W' :"
against Long Island city FOR rent Of ihe 'iiy Han
Aftervard Treasurer Knapp paid Hls So 70 him AZ
zen, of the premises for January. lN, THIS was ne-
ducfcd from the amount Of the Original judgment
and on August % last Mayor Patrick j. Gleason
signed warrant directing Treasurer Knapp TO pay
s3 a TO Kor nc,ly out u tho sinking fund. that be-
ing the amount OF the reduced judgment with inter-
est Mr. Knapp refused nay the judgment on ine
warrant Of the Mayor. and then application was
made for a msndamus.
In opposition 10 the application. the respondent Az
mtt.d that the city owed the judgment. but said that
he refused 10 pay the ground that the outgoing
Common Council OF 1925. in making mp the tax budget
for 1896 omitted provide FOR the rent for the city
Hall. well as for several other items. MI Knapp
declared that this not accidental omission
bu thai it was intentional. Therefore the Mayor had
no power TO sign The warrant except after the au-
thorization of the Common Council. M Knapp re-
fused pay the judgment the further ground that
10 meet IT, and that although the city had received
than $4,000 from nQuor-tax certificates. it was
not authorized 10 ,ha- money for general pur-
poses.
In mis- decision Justice Goodrich quotes Sections :
and l. Of the charter OF Long Island City. Section
provides that the money used in paying the bills Of
the city shall he drawn from TIE treasury in pur-
suance Of the order OF the Common Council by =
warrant signed by the Mayor" Section J. provides
that the money in the sinking fund shall be used
for the aymeni OF the public debt the interest there
on and judgments against the city
Justice Goodrich says that he docs not see how
Section f. override the otGer equally PLAIN pr0v!
sion that the warrants for all payments from any
fund shall he drawn only on the order OF the Com
mon Council.
Here there such order His Honor con-
tlnues. The Common Council has the entire
agement and control OF the finances and has pJ@e.
which I, has exercised Until il does authorize
the drawing Of the warrant ! do not see how the
Mayor issue a lawful warrant the Treasurer
pay the judgment IN question
The question whether the money derived from ne
State liquor into and belongs OF right 10 the
sinking fund Is not decided The decision Of the
other question already made obviates The necessity
OF discussing any further matters The motion Tor
the writ must be denied with so costs"