The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-06-25
CITY BOND MAND4MUS CASE.


Alexander THAN. counsel for John McQuade.
has prepared his application for mandamus
to compel the Municipal Assembly to act on
the $25O.UOO Croton water bond issue. which
is held up. Mr.. THAN said yesterday that tho
application would he made before Justice
BischotT in the Supreme Court on Monday or
Tuesday The application is made TO compel
the Municipal Assembly to concur in a resolu-
ton adopted by the Board OF Estimate to issue
S25O.OuO worth OF bonds to pay for work on
the Croton water system.
Mr.. McQuade got q contract on July IS.
1889, to build a storage reservoir in Somers.
Westminster county. The work was completed
on oct. 81. 1897. tho cost having been S7l2.-
5lS.O9 OF this sum 5 per cent. or $50. 1925 90.
was withheld hv the city. under tho terms OF
the contract. for one year. that the work
might be tested. 1t being satisfactory, on Oct.
81. 1898. the Board of Estimate adopted a res
olution authorizing bond issue Of S25O.O0O.
out Of which the balance due McQuade was to
be paid. This resolution was sent to the
Municipal Assembly on Nov. l. 1893 The AL
dermen have concurred in the resolution. 1t
is now before the Council. Mr. Thain's appli-
cay: THat the said 1 Municipal Assembly Of the
city of New. York has taken no action on the
said resolution Of the Board Of Estimate adopt
ai OCT. 81. lNa'S. and has neglected and re-
fused, and still nesects and refuses. to act on
the same,
Then follow tho names Of all the mem bers OF
the Coun ill including that OF President Gug-
genheimer. and the, names OF al the memh hers
! Of the Board OF Aldermen. The application
| asks for:
= An order to show cause. returnable In less
| than eight days II necessary. for the reason
that have SO long been kept out Of my money
| under the belief and It'll the expectation that
! the Municipal Assembly would approve the
resolution Of the Board Of Estimate for thu
sale Of 62nds @Tt Of T4'Gh could be paid
| money which am now called upon to replace.
! The said Municipal Asse bly, will soon be tax
| ing a vacation for the summer and. should the
position, taken by me be at al! seriously dis
| putcd. there will not be sufficient time to give
! the ordinary notices to bring the matter to an
| adjudication before the courts. There Is a
ter, each OF whom is required to be served and
! there may be difficulty and delay in serving
them all. The matter also OF public interes,
and should receive early attention" The an
| plcaton also sets forth that in the authorize
J ton the Municpa Assembly acts In minis
| terlal capacity only
payment had not been unproftabIe for Mr.
| McQuade. He is receiving y per cent. on the
| amount due to him from the city. He has
been able to borrow money at a much lower
pure pure. profit Nj McQuaie would have hard
work to ind more. profitable, Investment
perfectly content TO let the matter rest. Comp
troer Coler. however. objected TO paying
necessary. He asked Mr.. McQuade. as cit
zen. TO aid him In protecting the city's treas
ury, Mr.. McQuaae consented, and the appi
! cation for mandamus was the result.
Neither Mr.. Co!er nor Corporation Counse
| Whalen was nj his Office yesterday. 1t wa
said that Mr.. Wha!en would not make applica
ton for "a writ in the matter Of 100000 wort!
| OF bonds for sanitary protection Of the water
shed until after Mr. McQuades application haC
been considered.