The sun., 1897-05-27
MIR. MITCHELL NOT AIDING FRAUD
The ConEressman's Position In the RIchmond
County Bond Case.

The CouEressman's Position In the Richmond
County Bond Case.
THE Sun of yesterday contained an Albany
despatch headed. Says Mitchell Helps Fraud"
In which it was stated that Congressman John
Murray Mitchell had appeared before Deputy
Attorney General Hasbrouck to ask him to take
some action to prevent Richmond county from
consummating proposed issue OF 5000, 600 of
county road improvement bonds on the ground
that such issue will make the county's debt ex-
ceed the constitutional limit OF 10 per cent. of
the assessed valuation. Mr.. Mitchell repre-
sentcd clients who own $343, 900 worth OF drain
age bonds issued twcnty-seven or twenty eight
years ago. which bonds, he claims. should be
included in the county debt, and which, II SO
computed. would make it unconstitutional to
issue the proposed county road bonds. w. W.
MacFarlane OF this city, who opposed the appli-
cation in letter. said that the drainage bonds
had been pronounced by the court to he illegal
and that the application lis palpably both
fraudulent and frivolous"
Mr.. Mitchell said yesterday in reference to
this charge:
The reason for this charge is that am en-.
deavoring to collect londs which were issued by
Richmond county. for which 1t received the full
amount Of their face value. and which it is now
endeavoring to repudiatc. There has been
great deal of talk in New York about repudia-
ton OF Southern and Western bonds. but this
case presents one OF the most fragrant acts of
attempted reputation that exists, and the
pudiston is intensified by tho fact that the
beais were issued by virtue of mandamus OF
the Supreme Court OF Kings comfy. which adds
to them additional validity. We have no per-
sonal intcres: in the bonds, except as counsel
for our clients, but are perfectly willing to aid
against all frauds Of this kind. n such repudi.
alton rau b. attempted in the city of New York.
the heart OF the iinanciu, system let lis not find
anv iau!t with the south and Southwest here
E!:r..
~: addition to the mandarnus above referred
to. J1'.:c Gt.yEor has granted us an alternative
VIII o. nlundaiGus COMPELLING thr Commission
els " III :Ssied these ronI5 20 levy an Gsscss-
Den, - cay for the saint, which writ Is dated
Ia: -, il lay ot June. 1895. This writ of manda-
nG:re: and on motion to quash The manda-
inuS. The man'aml5 was suSthincI, and the
demurrer overruled and the molten to Quash
aeLiGi, and intsriocutory judgment entered on
The sih day OF February. 1897. 10 this effect.
TIC application to the AttCrnty-ticneral was
made DeCGGbo we found OH examination that the
Cou2trolier had evidently no notice OF the
istepce OF these bonds, and We therefore drew
the attention OF the Attorncy-General to them
and to tine fact that many of them were issued
witt OF mGndnmus compelling the payment OF
the bonds, which has been sustained In spite of
Two attacks made against it. and that therefore.
reason OF tine general law applicable to such
courts. these bonds should be considered in tho
report OF the bonded indebtedness Of the county
by the authorities before this county could be
Above TO issue any further bonds.
bonds should oe considered and that this addi-
tontal S2O2.OO0 bonds will therefore be In
excess or the 10 per cent. allowed by tho Consti-
uon, The new issue would be absolutely void