New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-08-05
MOSS DEFENDS COUNCIL.
VICTIMS OF THE TAMMANY OLIGARCHY,
HE SAYS
THEIR ACTION NOT NEEDED ON HALL OF,
RECORDS ISSUE-WHOLE RUMPUS START
ED TO AID PAVING BONDS SCHEME.

RECORDS IssUE-wHoLE RUMPUs START
ED TO AID PAVING BONDS SCHEME.
The work of the Mazet Investigating Com.
mittee next week promises well. Deputy Chief
Cortright and nearly every police captain In
the city have been subppnaed to appear and
produce their robbery books" and Corporation
Counsel Whalen has been informed that he may
be examined on Tuesday The questions that
will be put TO him are likely to be particularly
searching because Frank Moss counsel for tho
committee. after making a thorough nvestiga-
ton OF the trouble over the Hall OF Records
bond issue. has become, to a considerable DE
gree the champion of the Councilman who run
the risk of fine and Imprisonment for contempt
of court rather than vote just they are told.
Mr.. Moss told Tribune reporter yesterday
that both the general public and himself had
been led to take mistaken view OF these
Councmen. They had been called "recalc!-
trant." obstinate" "chuckle headed" etc. for
so long, and so many hints had been thrown out
that they were holding up" bond issues until
they should be bribed to pass them, that he
himself had come to look upon them with sus-
picon; but after hearing those Councilmen who
gave their sworn testimony before the commit-i
tee on Thursday, and taking the statements OF
others his attitude had changed entirely. He
now considers that the Councilmen are entitled
TO the respectful consideration of the public for
the stand they have taken and In the fouowinga
words he went to tell why:
Il think have all been deceived In this
matter by about the slickest set Of city officials
who have secured control Of our city gov<
ernment. They have succeeded In securing publ
lie Endorsement for one of the most absurd and
outrageous acts ever perpetrated, and have
gained the signal triumph Of pushing throught
scheme which is intended to profit certain
Tammany men pecuniarily. and at the same
time they appear in the eyes OF all good citizenA
as model and conscientious public servants"
COUNCIL ACTION NOT NEEDED.
Mr. Moss was here asked how he justified the
course Of the Councimen in blocking the con-;
structon of so greatly needed a public improve
| ment as the Hall OF Records, and he replied
TT was a matter OF principle with them
There was no necessity at all for asking thd'
| Councilmen to pass this bond issue. The Leg1s-S
lature directed the city to build a Hall OF Rec-i
ords. and appropriated s2.10OO0O for It There
| fore the Controller had full authority to issue
bonds to that amount without the approval OF
| the Council"
why. then. was the Council requestedr:'
| asked the reporter.
For this reason" said Mr.. Moss. THE littie'
bly, to pass a bond issue of S2,000,0OO for pav-t
| ing When Councilmen ask Commissioner Keat-
| ing TO give them some idea OF how, when and
| where this 50, 100000 is to be spent, they are,
| told that they will have to wait till hell freezes
| over before they will get one jot of informa-
| ton. We will spend the money say the Tam
| many heads OF departments All you are re-
| ouired to do is 70 authorize the bonds
| 80 far the Councilmen have refused to au-'
| thorize bond issues In this reckless manner
| They are really scared OF the Commissioners
Some of the most loyal Democrats In that BODY
have told me that Tammany was going alto
gether too far for safety, and they did not
| propose TO be dragged into the mess Seeing
| that the Councilmen were too independent to
| ha tho n,,ant tools Of the ring this Hall OF
| Records bond issue was hit upon as club TO
| break down their spirit The Legislature had
| authorized that issue OF S2.1OO.OOO. 80 that on
| the surface it seemed all right writ OF man
| damus was obtained from the Court TO compel
| the Assembly to act. The writ Is served upon
| the President Of the Council. who turns II over
| to the Corporation Counsel without telling ths
| members anything about II. The Corporation
| Counsel. instead Of appearing to argue the case
| on its merits puts the writ In his pocket and
lets the case go by default. The members know
nothing ABOUT the Hldltef ul'si ~ - Wv '~NS
| take any legal action to have the order OF the
| Court set aside They then find themselves
| compelled 10 pass the bond issue or be guilty OF
contempt Of court.
"If the case had been argued on Its merits as
IL should have been the point would have been
brought out that II was not necessary for tho
Councllmen to pass this bond issue at all, anr
they would have escaped voting. and also es-
caped being placed in contempt. But that wouid
not have suited the oligarchy. They wanted 10
put the Councmen in hole to bring DOWN
on them the contumely Of the public and ths
disgrace Of imprisonment. BY this means they
hoped to break the spirit OF the Councilmen, SD
that when the $2OOOOOO issue OF paving bonds
comes up again. which is not authorized ny the
LEGISLATURE and for which the consent OF tho
Council is absolutely necessary. they would noe
feel like opposing their masters again
CALLS IT A DANGEROUS PRECEDENT.
Mr.. Moss does not consider that the authorize
ton Of the Hall OF Records bonds by the local
Assembly is an administrative act. 1T is as
absurd to speak Of legislative body doing an
administrative act as to speak Of a judicial body
doing a legislative act" he said. 1T is impos-'
sible to conceive that the State should frame a
law which would reduce the local legislature'
to body Of mere clerks registering the Will.
OF the bureaus This is the first case know
off, he added, in which q judicial BODY mas,
compelled a legislative body to act and II iS
a very dangerous precedent"
The Police Department received distnce'
shock yesterday when Of Mr.. Moss's SUBJ
ppna servers dropped a paper on the desk be-
fore Deputy Chief Cortright who is at present.
in charge Of the Department in Deverys abb
sence which ordered him 10 appear before th9
committee next Tuesday similar call was
made on all the police captains in Manhattan
and The Bronx. II have nothing to fear from
the committee" said Deputy Chief Cortright.'
hat al he NJ
TO tell on just what points he intended TO IN
vestgate the police but from the fact that they
are directed TO bring their robbery books with
them q "a almost certain that an effort will be-
de 70 ri the large number OF such