The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-06-24
COMPTROLLER COLER ACTS.
ASKS WHALEN TO MANDAMUS THE
MUNICIPAL ASSEMBLY.


Says It's Refusal to Authorize Bonds IL
Intolernble and Constitutes Grave |
Danger to the Material Welfare OF
the City-Guggenheimer Disguised, Too.
The first formal move by Comptroller Coler |
TO force the Aldermen and Councilmen by |
legal means to concur In the issue OF city |
bonds already authorized by tho Board OF Es- |
innate was made two days ago. when he wrote |
70 CORPORATION Counsel Whalen requesting him |
to commence mandamus proceedings against |
the Municipal Assembly. The Controllers |
letter. which was given out yesterday. covers |
the entire case. from his point OF view. He
calls the Corporation Counsels attention to the
condition OF affairs existing in regard to the
payment Of awards made to property owners
Tor lands acquired by the city for the sanitary
protection OF tbs Croton watershed The act
provides for the issue of bonds to the amount
OF S50O,O00 annually TO pay for the lands 80 ac-
quired. On Jan. "a. the letter says. the Board
OF Estimate made the usual annual appropria-
tion or authorization OF bonds to the amount
OF 100000 for application under the provis-
ions OF the act. subject to concurrence by the
Municipal Assembly" The resolution was
transmitted to the Board Of Aldermen the fol-
| lowing day and on Jan. 81 it was referred to
| the Committee on Finance. which reported 1t
| favorably on Feb Z. The Board OF Aldermen.
however, mas not yet authorized tne DOnu lSbue
| On June 81. the letter continues. the balance
OF the credit to the fund created by the issue
OF these bonds was S5414I79. Substantially
all OF whlch:will be disbursed during the next
| few days" Al the same time. 1t 10 stated.
| warrants to the amount OF 1852. 232. AZ have
been dra wn. but not registered. because OF
| lack OF funds awards to tho amount OF $214.-
! III have been confirmed and are now due.
which. With an Appropriated allowance for
| expenses. gives n total Of S41634a.42, eXclu-
slve OF interest on unpaid awards. an amount
greater by $362. POI .63 than the available
funds in hand.
"All these awards" the letter continues.
ARE bearing interest at the rate OF per cent
Der annum. and this fact renders the elty's
creditors extremely loath to enforce payment
by mandamus or otherwise. As city bonds at
present sell at better than per cent basis
interest at more thar double the rate that the
debts properly entitls them to. In view ofthls
city is to be relieved Of this unnecessary in
terest charge it will only be BY IsEs proceed;
tie Municipal Assembly IS " to act '' ~ ''
."Gnder the circumstances the action called
3y nay deSod n Pnes
failure to act has been wholly unreasonable
and so long continued as to constitute dere-
| LECTION Of duty: the creditors flnan caly inter-
ested are not likely to move for reasons al
ready stated, aud am prevented from per-
citys Just debts and saying the city from imam
cal loss by reason q the conduct Of that body.
Il recog nize that II is unusual for one public
officer to seek to mandamus another. but this
action is not without precedent. as your depart
ce .ssi the mandamus proceeding instituted
by Avery d. Andrews. as Treasurer OF the Pc.
fh ss ase
realize that this remedy should not be sought
by a public officer except after careful conSld-
policy policy but the present Condition Of affairs.
brought about 10y the failure Of the Municipal
has imposed upon it, is 50 intol erabe and con;
stitHes such n gratS danger to the material
request You to bring proceedings by nan
damus to compel that body to authorize the
'S corporoton Counsel Whalen refused to dis.
cuss his probable action on the letter. He said
thai he WAS in bh shs CoR 6
81 Or 'Se %sntciSsi isS;s%5iy , K: e
Comptroller. or state JUS. when he expected to
"F Pres! 9ea' t hsimer Of the Council said
yesterday that in his opinion no mandamps
lam, as all TINT mandamus could compel
would be tha, the c"nsideT the mat at
authorization Of, the, bonds; He said no was
willing to see hi. Office and the entire NUM-;
%h hs wps and II
Alderman Okie Cit also talked Yesterday Of
the advisabilitv OF doing away with one or
both OF the bodies com prising the Municipal
rendered the check Of double body necss-
sary. and that single Commissioner could ac-
com plish it's work much better than IL 10 now
being accomplished. He said. also. that he
did not Relieve that there was any organized
combination in the Assembly to block lsgisla-
ton.
The opinion was also expressed yesterday
that the'proceedings to force the issue OF bonds
should be instituted by some taxpayer rather
than by the COMPTROLLER Counsel for Con-
tractor John McQuade. who Is treasurer OF the
Tammany General Committed, announced
in the matter Of Mr. McQuadA's claim against
the city and that mandamus proceedings to
compel the authorization Of bonds to pay II
would be begun right away.
| Another knot in.the tanRle was left united
yesterday by the adjournment without action
oughs. All seven members'o OF the committee
were present at the meeting, but they failed to
agree anv apportionment Of the So. 100000
appropriation for repavinC streets Council
man Murray OF the Bronx insisted that 1850.
900 be taken from the apportionment Of
to the amounts for other borouGhs, On the
motion to ADJOURN Councmen Francisco Rep.
Brooklyn, Cassidy Dem. Queens. OGrady
dem. Richmond and Murray Tam voted
atllrmatively McGarry Dem, BROOKLYN.
Goodwin Tam. and Ryder Tam voted IN the
Oakley OF the Council may move to discharge
the committee from further consideration Of
the matter Mt the next meeting. President
tiuggenhe imerssaid yesterday that he hoped he
would. He said also that The night ought to be
forced all along the line to secure any relief
to retrieve the disgrace of the city,.