New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-08-19
SCREWS ON COUNCILMEN.
LONG ISLAND WATER SUPPLY STOCK
ISSUE TAKEN TO COURT
JUSTICE MADAM HEARS ARGUMENTS FOR \
WRIT OF MANDAMUs. AND PROBABLY
WILL GRANT IT.

Justice McAdam in the Supreme Court yes'er-
day heard arguments upon the order 10 sho" aus
why writ of mandamus should not be issued CUM
polling the members % the City Council 10 ISSUE
S70.GH Of corporate stock for the payment Oh ''e
awards made in the condemnation proceedings oY
the city for the acquiring Of the plant OF the Lons
Island Water Supply Company. The order 70 snow
issued nv Justice Gieserich some time
ago upon the application OF Henry W. Snerr'.i'
Willis l. Ogden and James NJ. Keen. taxpayers III
Brooklyn This is Of the bond issues author-
tied by the Legislature that certain members OF the
Council have been holding up
]. Hampden DouRherty and A. c. shensione ap-
peared for the reia Acting Corporation Counsei
Bandy In court TO Justify the position taken
by the Corporation Counsels office. W J heIy
representing the obstructionists in the Council
Cassidy. Doyle, Murray and Comfy asked permls-
sion To submit arguments against the granting OF
the writ OF r1andamus applied for. Al the close
OF the arguments Justice McAdam told the counseI
10 submit briefs and said that he would render a
decision next Tuesday. 1t evident that he had
made up his mind 10 issue the writ
Mr. Dougherty went the history Of the Long
Island Supply Company and its condemnation, with
the resultant suits and appeals and dec ared that
the act OF the Legislature Of 1892 was mandatory.
Acting Corporation Counsel Blandy then read the
letter he had sent to Mr.. Kelly, Offering to SUD
cmen had to make and said that Mr. Kelly R nId
Adam to decide that Mr. Kelly had no locus stand!.
He said that there was but one question involved.
and that was whether the act required BY the
Councilmen Is not ministerial. and therefore man
datory
That is the the only question" suggested the
Justice.
These Councilmeu." said Mr.. Kelly. do not
desire obstruct the proper issue Of bonds OF the
expenditure OF city money, but they consider them
selves as guardians OF the public funds and trus-
tees OF the city money
What have you to say Of the claim that the
act is purely ministerial and mandatory" asked
the Justice.
we deny f." said Mr. Kelly we think that
the Councilman are sworn TO protect the pubic
funds. and responsible civily and crtminaAy.
II the act is mandatory it overrides the Constitu-
ton and is ridiculous
Never you mind that" said Justice McAdam;
the Legislature take care Of itself. The
Councilmen are not called upon to champion or
criticise the Legislature. They are sworn 10 obey
the Constitution and carry out the laws They
need not worry about being custodians Of the pub
lie funds. So long the Legislature does not go
without the Constitution II put a strait
jacket upon any inferior body
Justice McAdam said that the issuing OF bonds
70 pay the Long Island Water Supply Com
pany award was in obedience 70 act Of the Leg
islature. and that If that act was mandatory the
duties OF the Council could but be ministerial.
Ministerial duties" he said. can be imposed az
any time by a superior body upon an inferior
body"