The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-07-22
BoxD HoLD-Up IN THE CopRrs
Justtcs Fitzgerald Issues Mnndnmus
Against the Municipal Assembly.

The members oi the Municipal Asse N bly
nave met with a serious setback In their bond
hon-un game as result OF a mandamus Is
sued by Justice Fitzgerald OF the Supreme
Court yesterday. directing them to issue bonds
topay Contractor John Pierce for work on the
new Hall Of Records While Pierce was only
entitled TO about $4,000 ON his contract when
he Dado application for the mandamus. Il ia
expected that the writ to be submitted will re-
authorized for the work. The position OF
Pierce as stated by his counsel. L. Latin Kcl-
logg. was:
The officers charged with the duty OF car-
rying out the mandate OF the Legislature are
public officers charged with public duty and
do not act Us the servants OF the city but OF the
State. The duty laid upon the city OF proyid-
ing the necessary funds for carrying out the
purposes OF the act is compulsory and the au-
thorizntion and issuance OF corporate stock by
the city officials for the expenses incurred Is
simply ministerial act. the performance OF
which Ia not discretionary but mandatory. In
its public or governmental capacity the city has
no discretion but to act AS the State shall
within constitutional limits direct The mere
lact that the persons designated are municipal
officers" " 0'''''
>, Assistant CORPORATION Counsel Connolly said
that while there was no legal objection to the
Issuance Of the writ. there was 4 point as to
proper service. 1t appeared that the writs
were directed to each body OF the Municirnl
Assembly and were served upon the presiding
ofhcer Of each. and the point was raised that
contempt proceedings might not lie against
me Individual members OF each body, as they
had not individually been served with notice
OF the application Tor mandnmus. This con-
was not further urged by Mr.. Connolly who
consented that the writ as prayed for be Issued
The Municipal Assembly will not have to
pass all the other bond issues which II has
been holding up on this writ, but can legally
continue to be obstreperous and wait until IL
is Kicked into action by other writs.
Henry W. Sheriff.. James Mckeen and Willis
l.. Ogden. taxpayers Of Brooklyn, obtained an
order from Justice Giegerich OF the Supreme
Court yesterday requiring President Randolph
GuggeEheimer and the other memh hers 81 the
City Council to show cause on July 81 why
they should not be compelled by mandamus to
approve and adopt II resolution passed by the
Board OF Aldermen for the issue OF 800 900 Of
corporate stock OF the city Of New York to pay
the award in condemnation proceedings for
the Long Island Water Supply Company.
Inc waterworks property was condemned
Tor the use OF Brooklyn in January 1893. hut
the matter was in litigation for several years
thereafter; being carried through all the state
States. with the result that the condemnation
proceedings were affirmed. The Board Of Fs-
innate and Apportionment passed a resolution
on July II. 1893. for the issue OF corporate
stock to pay the award subject to the approval
OF the Municipal Assembly, The Board OF Al
lermen gave its approval on June ~. 1890
The same day the resolution failed OF enough
votes in the City Council When offered again
on July IL 1t was again defeated in the Council.