New-York tribune., 1899-08-04
COUNCILMEN STILL FREE.
rHE CONTEMPT CASE PUT OVER UNTIL
TODAY
Jrsr1cE FITZGERALD ASKED TO SIGN AN
ORDER WHICH WOULD MAKE FOUR
TEEN CoUNCILMEN LIABLE TO AR
REsT-CoNTROLLER CAN'T Is-
SUE BONDS UNDER THE
y-ryN>y pASc,,D


SUE BONDS UNDER THE
RESOLUTION PASSED.
No Councilmen have yet been sent to Ludlow
greet Jail The principals In the fight over the
r,su OF Records bond issue seem TO have tied
themselves up in knot. through the very vio-
,snce OF their exertions, and after considerable
argument before Justice Fitzgerald yesterday,
the whole matter was postponed until to-day,
,be reason given out being that counsel could
NOT agree as 10 the exact terms OF the order TO
be issued Where lawyers disagree, IL is ex-
ousabe for laymen to fall short of a thorough
comprehension OF the situation, but to the ordi-
'parr observer this is the way II looks
Controller Coler now finds himself with two
resolutions governing the issue OF bonds for
the new Hall Of Records. The one passed by the
Councllmen. in an effort to purge themselves
from contempt Of court, calls for the issuance
of bonds to the amount of S34, ,255 CO. while that
passed by the Aldermen. calls for the entire is
sue Of 50 100000 Mr.. Coler cannot comply
with both, and II looks as if he would have TO
wait TIL both branches of the Municipal Assem-
blv can agree. The Councilmen say they won't
pass a S21O0OO0 resolution. The Aldermen
might approve the S34 255 60 issue, but as
resolution TO that effect has not been sent TO
them by the Board of Estimate such action
might be illegal IF this point is well taken, Mr..
Kellogg. counsel for the contractor, Pierce. finds
his victory over the Councilmen a barren one.
The resolution which they passed, by order Of
the court did not emanate from the Board Of
Estimate, either, and the Controller. 1t is said,
hesitates to Issue bonds on the strength Of 1t.
Another snag cropped up yesterday when 1t
was noticed that the Controller usually issues
bonds in even numbers. many hundreds or
thousands, the case may be II would. there
fore. be unusual and difficult, If not irregular.
10 issue bonds to the exact amount Of S34 300 60.
THE COURTROOM CROWDED.
The courtroom Of Special Term. Part H. OF the
Supreme Court, was congested with a crowd OF
curious people yesterday, who had gathered with
the expectation Of seeing Justice Fitzgerald dis
pose OF the fourteen Councilmen who were re-
Gently adjudged in contempt and fined 800 each
The corridors outside were also filled with those
who could not get in. Those Councilmen who
were tardy had some difficulty in getting through
the crowd. and several policemen and court
officers were called into requisition 10 force a
passage for them.
Messrs Kelly, Gumbleton. Burr, Stern and
Gerard, representing the various Councmen,
were present to protect their clients in the set
tlement of the order tdjudging them in con-
tempt. L. Latin Kellogg the attorney for John
Pierce. the contractor for the new Hall Of Rec
ords, the relator in the mandamus and contempt
proceedings. was also present. buzz Of con-
versation went up from the thronged courtroom
which was only stilled at the approach Of JUS
Sice Fitzgerald.
Just before the court convened Mr.. Kelly, who
represents the largest number Of Councilmen.
said that whatever contempt the Councilmen
were guilty Of was purged by the passage Of the
resolution for the bond issue OF S34 255 60. That
he said, was all there was in the mandamus.
A representative of Mr.. Kellogg's office said that
It was impossible for the Controller to issue
bonds for the amount named in the resolution
because II dealt with fraction Of a dollar, and
the Controller could not issue bonds that way
AS soon as Justice Fitzgerald had taken his
seat Mr. Kellogg brought up the matter Of the
settlement of the order adjudgng the Council
men in contempt Mr. Kelly asked that the ap-
pearance of Councilman Murray be noted, al
though he had not been served with the writ Of
mandamus. Mr.. Kellogg agreed to this and Mr.
Kelly said that he had not submitted affidavits
on behalf Of his clients. with the exception Of
the one on behalf Of Councilman Doyle. An affi-
davit had been prepared in which all the other
Councilmen for whom he appeared said that
This affidavit sets forth that the COuncilmen
were right in not voting for the So 100000 bond
issue for the new Hall OF Records Mr.. Kelly
further said that the Councilmen had by their
resolution obeyed the order OF the Court and
that the resolution passed in accordance
with the terms Of the writ Of mandamus He
therefore asked that in any order signed by
Justice Fitzgerald the clause directing their i'm
prisonment until they had obeyed the writ Of
mandamus should be stricken out.
They have not compiled with the order OF this
Court" retorted Mr. Kellogg. "The resolution
was not in accordance with the writ Of manda-
mus. The act authorizing the erection of the
Hall Of Records requires that the Municipal
Council shall approve Of the issue or bonds
which have been authorized and approved by the
Board of Estimate and the Controller. The
Board Of Estimate and the Controller approved
OF such an issue Of bonds and sent this resolu-
ton to the Municipal Council. This resolution
was sent to the Municipal Council, and they re-
fused TO approve it,"
STOCK ONLY ISSUED IN HUNDREDS.
Mr.. Kellogg went on TO say that what the
Council did on Thursday was to pass resoiu-
ton authorizing the issue Of thirty-four tnousano
and some odd dollars, and that this resolution
Gid not provide for the issue Of corporate STOCK
In any amount which could be issued by the
Controller, inasmuch as 1t contains fractions ana
decimals. which renders it impossible Tor the
Controller TO make any such issue. Mr.. Kellogg
said that corporate stock was only Issued IN
sums Of hundreds Of dollars or thousands Oh
collars. and not in fractional amounts.
MIR. Kelly contended that his clients mad COM
piled fully with the writ Of mandamus and that
nothing said In any resolution submitted 10
them about the issue Of the $2.1OoOoo as far as
tnis proceeding was concerned. He said that
this proceeding brought by John Pierce 10
recover payment for work done on the Hall OF
records, and tha, the Council had voted Tor
the issue Of bonds to pay him.
Mr.. Kellogg said he would ask that the mefii-
d tho ...,iI. H. hnA