The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-07-13
CITY RESISTS CLAIMS RAID.
DErERr AND NITHiN S1RAUS WANT
.S?O,41J.Od

claims for More Than $500 900 FILED
Justice StONer Asked to Declare the Law
Unconstitutional on Six Grounds, Chiefly
as II priyat" Grab of Public Money.
Chief ~ Police Deverr and eS.park Commits
uiouer Nn nan Straus got into line yeste rday to
recover from tho city the expenses they In
currcl when accused OF misdemcanOr while
holding bubble office. Devery put In claim
for S15.ITJUi. which he says he spent defend
ing himself when charges were brought
against him S.raus. who was indicted with
Gcorge Causcn aud the late Park Commits
siun"r Tappep. wants $1,000 Ciausen has put
in a claim for $1,000. This attorney for Mr..
Tapren 3 heirs has sent to ex-Justice Koch.
the author Of the law~that is making oil the
trouble for copy Of il. 1t is supposed that
his c.'ate will put in claim.
Ey-Aderman Louis Wendell. who was one OF
the 10 ,dln Board o! 1874, filed a claim for
St2OD yesterday. In all nlty.one claims.
which have been filed nj various times since
the law went into effect. were announced at
the Cumptrollers office yesterday. Al, OF
them ex.cut strauss and Wendel's were the
Gains II policemen FOR the EXPENSES Of trials
before tho board and cases In court. They
ran :trom 500 up to Devery's which Is the
largest fled so far Police CAPTAIN Chapman
has claim Of Sll,5OO. which he sent to the
p
announced yesterday were the following:
Eugene Mastcrson. $1,000: Edward Hahn.
$1,000. Henry WOodiry. $3.50: Patrick Cash.
$3.50. Go Twin. j. Iirouhy S3,l5O; John A.
Williams $4,000: Frederick Wagner. S2oI5:
yumo-NL Harris. 5000: James Farley, 81 80 !:
li"drii"k GOetlgcr $2,l %.
These seventeen claims. with the thirty i've
Others announced YESTERDAY aggregate 81 H..
suu IPe am24nt Of tn. "i4im1 reported red
total to ha'o is S2Ut'iOjtiS with "a good
many more coming which have not been for
Coiloraion Counsel Whalcn is going to fight
III" claims as hard rs he can. Yesterday his
S"y"r in the s,ree GnTrt and pre-
seutcI 4 petition rrayinG that the lay under
which The claims are presented he declared
unconstitutional. The petition ia based on
the order entered on June 30 on the aptIica-
ton 1t Police Captain St-rh.nson for an or
hartv H. referee to hear StephrnsOn's claim
for : i,55,i"o. The order was served on the
notice OF i herring to hc he'd hy Mr. Dele
h4nty :";I ~ waH srrIeG N"stttrtay; me pe.
for declaring the law Unconstitutional:
Fl. That the statute in question is in con-
trHy"ntinu OF the rrovi eons "f section Il of AR
tir'" |. "t tho Constitution Of the state Of New
York, that no rHrsuh shall he deprived Ct prop
"rty without due process Of lay, and in sun
port Il This objection tho city OF New FORK re-
su""'fH'y shows that the statute Aforesaid
doe1 not ur"ytle for any notice Of tearing to
tnii rItv any opuortunty to he hearc.
-. Is in CDutraHrntiOn OF section 20 OF Ar
tin." II in that it WAS passed without the as
t"ut OF twr-thiris Of the members elected to
each branch Of tho Legislature. the said
statGt" h"in.: a lii approprIating tho public
muu-v- 10 private PURPOSES.
o. l. IN coutravcutun of section 10 OF Ar
tirl" VII. which provides that no county
civ shall give any money or property to or in
ui If any individual. nor shall anv such
county or CITY he allowed TO incur any indebt-
- = i'll contravcntiun OF section Gof Article
VII. that the Legislature shal not audit. allow
or ray amy claim which; as between the citi.
2"nS Of the state. woUldSbc barred hy lapse,of
time. and IN SUPPORT of this objection refer
en"h j. made to the PROVISIONS of the statute
which draw No distinction between demands
which are barred and those which are not
barred hy the statutes Of limitations.
-. Is in cOntravention Of the Constitution
innsmurh as ii il II method Of taking the prop
eltr OF the city Of New York and OF its citizens
and taxpayers, not for any pubic use, but for
the benefit of priVat" individuals.
70 That he appointment OF an auditor under
section ! OF said act is in violation OF section =
Of Article \. Of the Constitution, which pro-
Nles that all CITY officers whose election or APP
rou'melt Is not provided for nv this Consti-
tution shall he elected bv the electors OF said
city or appointed 10y such authorities thereof
a. the Legislature shall designate for that pur-
pose.
Justice Slower granted an order to show
cause aud made ii returnuhle on Monday.
This will lie test case and the decision will
affect every claim filed under the new law.