New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-08-18

A TEMPORARY ORDER RESTRAINING
THE CONTROLLER.

r 20 APPEAL TO JUSTICE BEEKMAN--A
LETTER cRIrIcIsiNG CONTROLLER coIER
rho delivery Of bonds Of the city to the amour,
-, go SIS s22 10 the Produce Exchange Trust Com
,.,v gas prevented yesterday by the order Of
r,s,,ce Beekman. in Special Term. Part II. of the
c,,;ra7,e Court The Justice also took occasion 20
c,so,se Controller Coler for refusing accept the
,Is ~ Vermilye q Co and Kuhn. Loeb & Co at
,os a on the ground that the bid was Conditional
d therefore invalid" when he had been advised
~ me CORPORATION Counsel that the bid was valid
Ios,ice Beeknan said
The Controller had right TO refuse 10 take
49, advice q the Corporation Counsel. He had no
,sh. 10 take outside advice at an expense 20 the
&c. n $1,000 He had no right to make the award
=, these bonds while the case was pending before
.,s Court. and ne must make a delivery OF
r hands until this Court decides this case.
80 argument before Justice Beekman on
.nlcation by Francis Lynde Stetson. represent
.s vernfye & %. and Kuhn Loeb & Co. for n
Writ Of mandamus to compel Controller Coier TO
.cen, the bid Of his clients and award the bonds
% ,be,n Mr stetson declared that his clients were
IN. highest bidders and that the bonds should be
awarded 20 them
ASSISTANT Corporation Counsel Connolly who ap-
,,ares for the Controller placed In something
~ , nredi,amout because he had written the opin
%, advising the Controller that the hid OF the
syndicate represented by Mr. Stetson was valid
srd the Controller had rejected his advice.
IN his argument Mr. S;etson said that the pro-
vision in the bid Of his clients that the bid was
made subject TO The approval by their counsel Of
,be legality OF The bond issue did not make the bid
Invalid
If the bonds were legal" he said. they could
be forced on bidder no matter whether he had
put in such a provision or not. II the bonds were
illegal they could not be forced the bidder.
So the mere assertion Of such provision as that
the bid was made subject TO approval OF counsel
could not in any way alter the conditions
Il so decided once" remarked Justice Beckman.
land was sustained appeal"
Before the close Of Mr. Stetson's argument JUS
tice Beekman asked II the Controller had delivered
the bonds 20 the Produce Exchange Trust Com
pany ard Mr.. Connolly said he did not know. but
one Of Mr.. Sietsons associates said the bonds had
been delivered abou. TO be delivered.
Mr. Connolly in argument for the Controller. said:
81 do not see how Your Honor grant the
motion asked for. Your Honor can compel the
Controller 10 act, but don't think you can compel
him 10 act In a particular way There were
large number Of bids. and the Controller had the
right 10 award all the bonds to the highest bidder
or 10 award them 10 a number OF highest bidders.
So Your Honor must he had two ways OF pro-
ceeing. and don't think that the Court has tho
power TO compel him &C; in any one way"
Cannot he be compelled to consider the bid OF
the plantf7' asked Justice Beckman
He might be compelled TO consider ~
But the Controller has refused 20 consider It."
The Controller has awarded the nonds, said
Nj Connolly and the Court canno; compel him 10
do al Impossible thing-namely. 20 award the bonds
10 another bidder"
You are assuming" said the Justice. that the
Controller has already delivered the bonds. The
law says he act on all BIDS. II he has not.
his action may be said 10 be Illegal
Justice Beeknan reserved decision upon Mr. Stet-
sons motion. and told Mr.. Stetson that he might
apply 10 Justice Dugro for injunction to prevent
the delivery OF the bonds to the Produce Exchange
Trust Company pending a decision OF the case
Mr.. Stetson said he would do that and Justice
Beekman then issued the temporary order 10 pre-
vent the Controller from delivering the bonds pend
ing the application TO Justice Duero for mandn-
mus The order was served on the Controller
after a few Of the bonds had been delivered but
IN time 10 prevent the delivery Of the bull; OF the
issue.
After the court proceedings were over the follow
ing letter. which had been sen, by MI stetsons
clients the Controller, was mace puohe IN van
Street:
Hon Bird S -oler Controller, City Of New-York
Dear Sir Your favor Of the 18Th int Is re
check having aecompanied our propSssl Tor ~ HeW
We also note tho extraordinary, statement in
the Produce Exchange Trus; Company. notwith-
standing the fat that you first staiei 70 US
poraton Counsel. and after receiving that advice.
had been served With an no order 10 show cause why
an injunction should not be granted In favor OF the
Produce Exchange Trust Company. and you stated
to while the matter was pending beiors
the court and until that application was decided
you could. out OF respect TO the Court take no
action.
since such statement 70 US you have been
served with papers in application on our be-
half for "A pc-emptory ma ndamus compelling you 10
award the bonds to US. and We are advised that
anv action taken by you pending that application
and until its decision Is wholly nuga'ory. .
Your action appears the more strange 70 us IN
view Of statements which are publicly made that
the firm OF W y COler &c 60, with which We
understand that YOU are Identified was 10 a great
extern, Instrumental in forming the syndicate
headed by the Produce Exchange Trust Company
We therefore return herewith the above named
check and repeat our demand that the bonds be
cordng 20 law. Yours very n -
NFRMILTE e. CO.
KUHN. LOEB co.
Controller Coler. when he learned that the letter
had been made public attack upon him. said
that he had acted in the interests Of the city, ana
he would take the same action again II the oppor-
tunity offered.
"Recardirg the main accusation" said the Con-
,roler Il will say that tho firm n w. y. Co'er ~
Neither did ] personally have dollars interest
IN them II IS true that went around ana Sc
cured bidders and I believe that Is whst am sere
.,r did /, for the hest Int rests Of the cit. ana
would do the same thing again under the same CIT
cuustances.
RETURNED HOME AND KILLED HIMSELF.
Joseph Weiss forty-iiine years old. committed
suicide Yesterday afternoon by taking large guam
ti,v Of carbolic acid. He took the poison IN the