The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-08-10
COUNCIL VOTES THE BONDS.
FIVE STILL IN CONTEMPT BUT GUG-
GENHEIMER SAVED THE DAY.
Cast the Lacking 22d Vote for the
Hall of Records S2,1OO,OOO Issue
Cassidy, Comfy, Doyle, Francisco,
and Murray Vote No-Likely to Es-
II .l.l

Following the advice of Assistant Cor
poration Counsel Blandy. President Guggen-
heimer. the acting Mayor OF the city, at
tended yesterdays meeting of the Coun-
Gil, and by his vote in the affirmative en-
abed that body to concur In the resolution
authorizing the issue of So. 600 Of bonds
to pay for the new Hall OF Records Out
OF this sum Contractor John Pierce will get
the money owed to him by the city. to get
which he procured a peremptory writ of
mandamus. For dlsobeylng this writ four
teen Councimen have been adjudged in
contempt Of court and sentenced to i'm
prlsonment and to pay a fine of 800 each;
but none OF them, It appears, is to be pun
ished, although five Of them refused again
yesterday to vote as the court directed
President Guggenheimer's vote was
complete surprise to the opponents Of the
bond Issue. who thought that while acting
as Mayor he had no power to vote as Coun-
Gilman. Without him the friends of the
resolution. numbering only twenty one, are
less than the necessary vote. Two OF the
twenty-nine Councilmen were absent. and
the contumacious FIVE voted against the
resolution.
WHEN tue COuuCli met MT. cassidy lDem.,
Queens) asked Vice Chairman Oakley
(Tam.). who presided. whether any COM
municatlon had been received from the Cor
poratlon Counsel in reply to the resolution
directing him to transmit all papers and in
formation relating to the mandamus case
to the Council The clerk read the reply Of
the Corporation Counsel, in which he ad-
vised the Councimen that 1t was their duty
to obey the order OF the court. This fur
nished text to Mr.. Cassidy for an attack
on the Corporation Counsel, in which he
was seconded by Mr.. LEIGH (Rep., Bkyn.).
After some wrangling. Mr.. Cassidy, with fine
sarcasm. moved that the communication
from the Corporation Counsel be laid over
to give him further opportunity to comply
with the order OF the Council.
This having been done. Mr.. O'Grady
Dem, Richmond) moved that the bond is
sue OF 81, 100000 be taken up. At the sug-
gestion of Mr.. Goodwin CTam.) the resolu-
ton which was passed by the Aldermen last
week was introduced. Mr.. Cassidy, the
leader OF the obstructionists. promptly
moved as u substitute for 1t resolution
authorizing the Comptroller to issue $35 900
worth OF bonds to pay the sums named In
Mr.. Prices mandamus. The debate on the
substitute was a repetition Of all the pre-
vious debates on the subject. Those who
voted to substitute the 49,. 900 resolution for
that calling for S2,1OO.oOO were Cassidy.
Comfy, Doyle, Ebbets, Francisco, Hyland,
and Murray. The absentees we're the Presi-
dent and Councilman French and Wise.
There were nineteen votes against substitu-
ton, and 1t was lost.
Mr., McGarry dem. Brooklyn made an
appeal to the members to vote for the en-
tire issue, telling them that by their course
they had brought the Council into disgrace.
and would do great harm. Mr.. Francisco
rep. Brooklyn said that he was hailed
by his constituents as patriotic martyr
because OF his course. and he was conf
dent that the people were with him and his
associates. Mr.. Brice (Tam.) said that
instead OF hailing him as a patriot or a
martyr, his constituents hailed him a
jail-brd. and asked him how long he was
going to stay locked up. Mr.. Brice said
that while he believed the Hall of Records
contract was a bad one, he was informed
that 1t was legal, and therefore he would
vote for the issue. He said that he had
voted for it always and wished to protest
against an action which made him liable
to punishment for contempt when, as a
matter of fact. he had tried from the first
to do what the court ordered.
When the vote was taken Cassidy, Comfy,
Doyle. and Francisco voted in the negative.
Ebbets and Murray refused to vote. There
were twenty votes In the affirmative, and
the President, French, and Wise were alb
sent. Wise had telegraphed that he was i'll.
Mr.. O'Grady called for the absentees. On
the first call Ebbets responded and made a
speech. saying that he had been out of town
when the mandamus proceedings were
brought, and that he really did not intend
to defy the court. He voted aye. Mr.. Muir
ray paid no attention to the call Mr., LEIGH
and several other members went to him and
asked him to vote. After waiting for two
minutes. Mr.. O'Grady again asked for the
absentees. Mr.. Murray sat mute as before.
Mr.. Grady asked third time for the roll
call. Again Mr.. Murray was silent. Mr..
O'Grady repeated his request Vice Pres-
dent Oakley said:
"Mr. Murray is in the chamber. How
does the gentleman vote"
Mr. Murray got up and began a speech.
Before he had said fifty words the swing |
doors OF the members entrance opened, |
and President Guggenheimer walked in.
~ desire to be recorded in the Affirmative"
he said,
The chamber had been silent except for
Mr.. Murray's voice, Half the members had !
not noticed Mr.. Guggenheimer's entrance. AS |
he spoke all turned towards him. When he |
had finished there was a little applause, fol- |
lowed by a murmur Of conversation. Mr.. |
Cassidy jumped up.
Docs the Chair intend to rule that the
President. while Acting Mayor, has the right
to vote in this body" he asked
The President is acting under the advice |
of the Corporation Counsel" replied Mr.. Oak
ley, smiling.
There's another opinion that will be over
ruled" shouted Mr. Cassidy.
Nr. GugKenheimer's was the twonty-se |
cond vote. After he had voted. Mr., Oakley |
remembered Mr.. Murray, He asked him
how he voted. Mr. Murray said he voted |
in the negative making the fifth vote.
French and Wise were the absentees.
On motion of Mr. LEIGH, an effort was |
made to pass the resolution providing for |
an issue OF $57OOOO worth OF bonds to pay |
the award for the Long Island Water Sup |
ply Company. Cassidy, Comfy. Doyle, En- |
bets, Hyland, and Murray voted against it, |
and as the President. French, and Wise |
were absent It was lost.
Mr.. Oakley made congratuatory speech |
to the members on the outcome OF the |
Hall OF Records struggle. Assistant Cor |
poration Counsel Blnndy said later that |
there was no section OF the charter which |
81 tho President NJ rnwar whiia