New-York tribune., 1899-07-26
DEFYING SUPREME COURT.
MUNICIPAL ASSEMBLY DISREGARDs
ITS MANDAMUS.
A RESOLUTION DECLARING THE ORDER RE-
GARDING THE BOND ISSUE CONTRARY
TO THE SPIRIT OF THE CONsTITU-
.rrA EN-
TION-AN ATTACK ON VIVA

TION-AN ATTACK ON WHALEN.
open defiance Of the Supreme Court was shown
yesterday by members OF the Municipal Assem-
bly,. The court issued a mandamus directing
the Municipal Assembly to perform It's minis
teria duty in authorizing a bond issue to pay
for work performed in building the new Hall or
Records. The Municipal Assembly has been
holding up bond issues for public improvements
for long time in a manner that has created
suspicion OF dishonest motives he Controller
and other officials have tried in vain TO Induce
certain members of the Council and Board or
Aldermen to cease their opposition to the bond
issues and 1t was at the request OF the Con-
troller that John Pierce the contractor for the
new Hall of Records, applied to the Supreme
Court for the mandamus.
When the Council met yesterday Joseph Cas-
sidy. Of Queens, asked unanimous consent to
Introduce a resolution concerning the manda-
mus The resolution set forth that the action
Of the Supreme Court was without precedent
contrary to the spirit of the Constitution,
notification of the charter and an attack on the
Municipal Assembly 1t called upon the Cor
poration Counsel for an opinion as to whether
he Council was compelled to obey the manda-
nus without the exercise Of discretion. Mr.
Cassidy attacked the Corporation Counsel for
falling to make an appeal against the manda-
nus He said: Il a Democrat, and ran for
office upon the platform of that party, which
platform is opposed to government by injunc-
ton. If we submit to this order our rights and
powers will disappear because any man can
then get an order TO compel us to vote for any
toing"
President Guggenheimer said the only course
left for the Council to vote. since no appeal
from the mandamus had been taken
DOUBTED IT'S RIGHT.
Vice President Oakley said he had voted for
tie Hall Of Records bond issue but he did not
feel like obeying the order of the Court. be-
cause he did not think that even the Supreme
Court had right to order a legislative body
such as the Council to assemble and vote aye
without any discretion on the part of the mem
bers Councilman Hottenroth took the same
view.
Councilman McGarry said: Next to my God,
there Is nothing for which have a higher re-
sIect than the courts Of this land. and think
we ought to obey the order of the Court and vote
for this bondage"
Twenty-Five votes were recorded In favor OF
Cassidy's resolution and three against it, The
noes were by President Guggenhemer ana
Cmncimen Hester and McGarry.
An order of the Supreme Court requiring the
Council to show cause why it should not be COM
peled TO issue bonds to the amount of $51O,OW
to pay the Long Island Water supply award
WAS served on the Council. The order was OBJ
t,fned from Justice Giegerich on the application
of Henry V. Sheriff..
Councilman Cassidy moved that the Corpora
ton Counsel be directed" to oppose the issu-
ance of such an order. Vice-President Oakley
objected to the word directed" Mr.. Cassidy
carried his point. and the Corporation Counsel
uas "directed" by vote Of 13 TO Q to oppose
the order. The effect Of the resolution Is that
the Corporation Counsel Is directed 10 uo
something he is opposed to.
Councilman LEIGH, OF Brooklyn. submitted
plan with conditions on which. he sad he would
vote for the 100000 bond issue for repaving
streets His pIan is that the Commissioners OF
Highways send to the President Of each bor-
orgh a list of the streets proposed 10 ne re-
paved which list should be submitted 10 tne
Boards OF Local improvements for approval ~
this we're done he declared his Willingness 10
vote for the bond issue. but he was unwilling
he said 10 yield everything to merely admin
istrative officer such as the Commissioner OF
Highways ,.,
Vice President Oakley objected to Mr.. Lelchs
propositon. 1t was referred to the Committee
on Streets and Highways.
DESIRE OF THE CONTROLLER.
When Controller Coler was told Of the action
81 the Council on the Hall Of Records bond
ISSUE. he said: "It is not l they are hghting
now. but the Supreme Court. and, personally,
would desire nothing better than that they
should fight the Supreme Court at this stage.
The Controller is tired of trying to compel the
members OF the Municipal Assembly to act on
bond issues, and thinks they may learn a les
son from a conflict with the supreme Court.
The Board of Aldermen at lts meeting received
from, County Clerk Sohmer a communication re-
garding the issuance Of writ of mandamus by
Justice Fitzgerald in the case OF John Pierce the
for the new Hall Of Records.
Alderman Sherman thereupon submitted res
olution referring the mandamus to the Con-
troller with the request that he prepare bond
issuing ordinance so that the Board might act.
Alderman Mccall said that the bond issue mat
ter had never been before the Board or the
Finance Committee. and that, despite the threat
OF mandamus, no action could be taken on the
subject yesterday
After some discussion. in the course Of which
II was asserted that the mandamus really took
Board and compelled them TO vote Aye on
matter on which they had the right to vote
Nay" II they so desired. Alderman Sherman's
resolution was carried unanimously.
Another resolution offered by Alderman
Sherman which called attention to the fact that
the Corporation Counsel had agreed TO the issu-
ance Of the writ without informing or consulting
the members Of the Board OF Aldermen. The
further provided that the Corporation
Counsel he directed not to appear in court again
and agree TO the writs against members Of the
Board without first securing their consent to
such action.
This resolution which really was a vote Of
censure Of the Corporation Counsel. was adopted.
In order 10 make the call down stronger, a
like resolution afterward presented by Alder
man Stewart Of Brooklyn. was carried.
STREET RAILWAY LEGISLATION.