New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-07-22
BONDS MUST BE ISSUED.
COURT DIRECTS CITY OFFICIALS TO PAY
FOR, THE HALL OF RECORDS.
ISSUE OF STOCK FOR THE LONG ISLAND
WATER CoMPANY's PLANT COMES
UP-CONTEMPT PROCEEDINGS
THREATENED

UP-CONTEMPT PkOCEEDINpo
THREATENED
writ Of peremptory mandamus was issued yes
terday by Justice Fitzgerald In the Supreme Court
directing the Municipal Assembly. the Board OF
Estimate and Apportionment and Controller Coer
10 meet in Joint session and issue bonds 10 the
amount OF 81 100000 as provided for by the Legis-
,lature TO pay for the new Hall OF RECORDS. Inc
writ was issued upon the application or MT. Ferce
the contractor Copies of the writ will be served
upon the President of the Board OF Aldermen the
president OF the Council the Controller and the
members of the Board of Estimate and Apportion-
ment and ii is said to be the intention OF the
lawyers interested to have Councilmen ana Alder
men who fail to obey the writ locked up Tor con-
tempt of court.
The proceedings were begun by Mr. Pierce at the
request Of Controller Coler who said that be and
the other members of the Board of Estimate ana
Apportionment had done all they could do 10 STOP
the suspension Of city bonds and 1t was time TOT
the contractors interested to go TO the front Con-
Yrarv 10 expectations the Corporation Counsei
made practically opposition to the apphcauoh'
assistant Corporation Counsel Connolly VINO repre-
scented Mr.. Whalen admitted that the city ala not
have a leg to stand upon: that the legislative act
applying to the new Hall Of Records made 1t man
>latory upon the municipal government 10 issue 'he
bonds as prescribed by the act.
SUSPENSION OF BOND ISSUES AT AN END
Immediately upon Mr.. Connolys admission JUS
tice Fitzgerald told l. Latin Kellogg, couhsei ioi
Mr. Pierce who made the application 10 prepare
snn order and he would sign it Immediately IN the
opinion Of Mr. Kellogg. Justice Fitzgeraios oe-
is,on will practically put end TO the suspension
of bond issues which has been going on IN .ne
Municipal Assembly for several weeks. Ohuer INC
writ issued contempt proceedings TO punish 'ne
anembers of the Municipal Assembly Young aea''''
the issues may be taken. 80,
The proceeding looking to the punishment OF the the
men who are blocking the bond issue N case e, NE
%rs viii III f be- as foo%s Frs; writ w be
seryed upon the Presidents al s of the Board Of
Estimate and Apportonment ana the ISL ~ ac
ton upon the bond issue In the vote SHOWS
that the bond issue is still held up MI rober
must make a personal service on each ne1noel VI
the various boards In case any m mem then be
blocks the Issue Of The iH supTeme Court in contempt
proceedings for falling to obey me n,cpai As
isembly had absolutely no right 10 hold up Ihe
issue that HERS was Ss * far as the present
case was concerned. they had no legislative powers
whatever.
HONG ISLAND WATER SUPPLY PURCHASE.
Justice Giegerich in the Supreme Court yesterday
ISSUED an order directing Randolph Gusgenhener
and other members of the City Council TO show
cause before Justice Fitzgerald on July q why
peremptory writ of mandamus should not issue u
compel them to approve and adopt the resoiu'ioii
heretofore adopted by the Board of Aldermen TOT
1he issue of $4,000 corporate stock to pay the
award made in the condemnation proceedings
taken to acquire the reservoir, machinery IRAN
chises and all other property OF the Long lslanu
Water supply Company ana 10 70 compel the award
Justice Gegerch directs the order 10 SNOW ~, Ss
20 be served the respondents Deiore SIiy L., ~
THE order was granted on the application OF Henry
w Sheriff.. James Mckeen ana W LIS ,bTongb
taxpayers Of the Borough OF BROOKLYN thsUueH
their counsel. J. Hampden Dougherty' OF NO
The afdaytt of the applicants sets forth th IA,
Chapter 4S of the Laws OF ISS2 as sehGeo by
CHARTER $50 of the Laws Of @ IN the public
interest and for the public use OF the groperty anu
Pany by mat "a s6SE s the
70 the Company had been paid the city OF brook
ana SS s s 81 81 0 RaSs
lied TO issue water bonds payable IN tweneS go
Ta1e n TO- be exempt from taxation and not to be
sold be bsd par ST the BroOy
certified by the tSs mayoF out OF Of he
~ Sns GrKs sinking alii Sf fund
10 fS the awards in the condemnation proceedings
was finally constituted OF r w. Bn p hira d F y.
=, ID NJ shepard who filed their report IN the
once of the County Clerk. Of Kings County on
tJsa,1ary %. 1893
THE COUNCILS DUTY OBLIGATORY.
rna special Term of the Supreme Court OF
Kings County aside this report on June ~
1see and orde red a rehearing before new commits
eioners but the city of Brooklyn appealed 10 inc
General Term which reversed the ruling OF the
Special Term. and directed the CONTINUATION VI ''o
,enort Of the commission An appeal 10 the Court
of Anneals resulted in the confirmation OF the de-
cision OF the General Term. The Long lslap9
error and appealed TO the Supreme Court OF the
Tinted States, but defeated. and the city OF
I3rooklyn became entitled 10 enter into possession
of the condemned property and franchises.
Under the provisions of the Greater New orK
Charter the city OF NeW-York became responsible
for the payment of the awards and became me
owner Of the property The charter made II the
duty of the Municipal Assembly, where bonds for
nublic purposes for which laws had been passed
ror 10 the consolidation OF the various cities and
downs Incorporated In the Greater New-York had
not been issued prior 10 January l, 1898. 10 au-
thorize issue Of the necessary bonds in the
shape of corporate stock, prescribed by the
innate and ApportiOnment After several abortve
attempts to get the Board of Aldermen 10 pass
the bond issue, a resolution was adopted on June
q 1889, authorizing the Controller TO issue the
$4,000 required for the payment for the water
works The City Council met the same day, but
1cient number of votes TO carry II.
The affidavit says that the duty OF the Council
in the matter is purely ministerial and obligatory,
and that. the refusal Of the Council TO authorize
the bond issue is a violation Of their plain duty,
positive disobe 1ience of the obligation enjoined
by the charter. obstruction TO the due admin
istration Of the business of the city and as well
city. and particularly TO the people OF the city Of
Brooklyn, and the award is at present
Tying interest al the rate Of per cent per annum
instead Of per cent, IL is necessary that a
mandamus be granted 10 compel the Council to
pass the resolution authorizing the issue OF the
stock