New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-11-25
Golfer FIGHTS MANDAMUS.
,,yMENT OF MONEY FOR AoUEDUcT
WORK sTRENUoUsLY OPPOSED.


49,. fight between Controller Bird S. Coier and
..-aoration Counsel John Whalen over the payment
,ss Judgment of $4,000 confessed on behalf OF
o. ,,g nv Justice Francis Nj Scott prior TO his
80 his seat on the bench OF the supreme
,-t in favor Of John O'Bricn and other con-
tiers for the new Croton Aqueduct. who had
Tins Of about 100000 against the city was
ain renewed before Justice TruaX in the su-
So Court yesterday. Justice Bookstaver Few
80 denied a motion by r. r. Kellogg, coun-
o. co. a Brooklyn taxpayer named Irving T. Bush.
- ,be continuance Of a preliminary injunction
s..,,ed BY him restraining Controller Coler from
V end the plaintiff contractors from receiv-
,nc the s7oOca
Latin Kellogg. counsel for the contractors.
once secured order directing the Controller
o. sov cause why he should not be compelled by a
20 % peremptory mandamus 10 pay the amount
-. Judgment and argument on the subject Of
=. ,ss,ance Of the writ was heard by Justice Truax
yesterday. ,.v .,,., . w..
ss Truax for a stay Of proceedings until an ap-
-, from Justice BookstayCr's decision could be
sssed on by the Appellate Division OF the Court
"a COR continuance Of the injunction restraining
o. .vr,srt Of the $4,000 until the determination
= ,hs case by the superior tribunal. This was, In
-, an opposition 10 the issuance Of the writ CT
-o76smus compelling the Controller to pay.
.ssfstant Corporation Counsel Charles Blandy
.r,sared In a dual role. At the request Of the
r.--rorer he was assigned by Corporation Counsel
,~solsr N oppose the writ Of mandamus while he,
". hsbalf Of the Corporation Counsel. expressed
70 ,,i-ior that the writ should he issued and that
- s,,,. ~ proceedings in the Bush action should
be denied
L L. kellogg In asking that the writ be granted
cold that the Controller. after determined fight,
hsd now reached the last ditch in this protracted
l.,.,.,ior and was in view Of Justice Bookstavers
Oh gip Cf ms
ice PRYOR Justice Beekman. the Appellate D-
-isioD and the Court Of Appeals. to pay over this
money 10 the plaintiffs.
tt 1lesIion was one Of great importance, ana thit
points Were f~l 5orT and wbicS had never been
nassed on by the Appellate Division or the court
~ snpeaIs in the previous litigation. lie sald that
% ,5e nandamus were issued it would only lead
10 further expensive litigation, whereas II II We're
Withheld the matter could be finally determined
assistant Corporation Counsel Bandy then ex-
osined his position and submitted an afnoaNlt
pIep4Is1 ys ,i5 ~" CounsHl from Controller Coer
sskng that Official 10 represent him on the hearing
sfH5a,it also set forth the exact position OF the
Corporation Counsel in the matter. -..,,.-
had concurred in the offer Of judgment and re-
told the story Of the correspondence between III ~
SUBJECT. and between Controller Coler and Justice
S. Cine PROPOSITION" Mr. Bandy said. that the
Controller. a layman has a right 10 dlsapproFe %
the action of the Corporation counsel Is one %
the most extraordinary propositions l have ever
heard. i ~. atesara,.
Having reviewed the proceedings in the oiHershl
rourts of appeal al great length. Mr.. Blanuy salu
.Ir would be Just as wise. after q litigation az
IN the propriety Of a compromise OF judgment nSu
heen concluded 10 leave il 10 the WISDOM OF Ins
Controller whether Judgment should De c9ht t
se h would be for counsel OF fifty years stanu-
IL 10 delegate 10 his Office boy. whose sole rune
IN are 10 clean out the Office Of his employer and
supply his inkbottles with ink the quessuoh oi
he advice TO he given 10 a private client. -,
Mr. Bandy saiu there was no reason WY tI,e
stay should be granted. or why the manoamus
Alter some further observations from ootn me
Nsssrs Kellogg Justice TruaX TOOK the papers
and reserved his decision.