New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-08-08
NIX. COLER'S LETTER.

Controller Coler yesterday forwarded an open
letter 70 Mr.. Moss replying to certain published
statements in which Mr.. Moss excused and de-
Tended the action OF the Municipal Assembly in
refusing 10 authorize the issue OF bonds to pro-
vide funds for street paving and for erecting
the new Hall Of Records. The letter after draw
ing Mr.. Mosss attention TO these statements,
goes on TO say:
Your statements may oe summarized as follows:
First-That law does require the Mun-
cpal Assembly 70 authorize the issue Of those
them without action the part OF that body
Secondy-That the proceeding brought by Mr.
spiracy between MIN and the leading ofHcers OF
the City Government including myself 10 force
other pending bond issues 70 which that body is
undoubtedly vested with legislative discretion es-
pecialy the proposed issue OF 100000 for re-
Permit me to call your attention TO the provision
which provision. II would seem must have aifS-
gether ESCAPED your attention. since 1t is other
wise inconceivabe that lawyer OF your renuta fior
would have expressed so remarkable an opinion
ali long term ponds issued AFTER PrDsiGihS t@eat ma
shall be denominated Corporate Stock" continues
Corporate stock OF The city Of New-York issued
in pursuance OF laws already passed which may
visions Of this act shall be unless otbervise pro
yded by this act issued by the Controller only 70
by resolution OF the Municipal Assembly and the
vote. as provided for in this act
The meaning Of this Is certainly free from
ambiguity the English language permits. II the
provision above quoted means anything II means
that no corporate stock shall. unless otherwise
provided BY the charter (Gnd the charter contains
no exception IN favor OF the Hall Of Records
bonds). be issued unless and until authorized by
the Municipal Assembly
The contract for the Hall OF Records was made
prior 20 consolidation but only small and IN
sufficient amount OF bonds issued TO pay the
expenses thereof prior the taking effect OF the
charter Under those circCmstances-the Iferce
contract being a valid obligation OF the clty-the
duty OF the Municipal Assembly became merely
ministerial You express doubt that the Municipal
Assembly possibly have any merely ministerill
duties 10 perform. yet the law reports are fun of
where minor legislative bodies such as boards
OF supervisors, have been mandAfnused 70 per-
form what the have decided 10 be ministerial
duties wholly devoid Of discretion.
The charter might perhaps have made an eN-
ception In the case Of bonds to be Issued TO meet
the expenses OF contracts entered into prior 10
consolida alton. but the fact remains that II does
not The necessity for such an exception apparent
y aid not impress the charter trainers, VINO per
hans thought that under such circumstances the
Ninicipal Assembly would be reasonable and ap-
prove ne issue, Just the Mayor is required to
Countersign the bonds themselves. mere detan
OF financial administration.
II h. barely possible that II the question were pre-
seuted 10 a court it might be held that In such a
case as this the charter provision above quoted Is
Unconstitutional. az imposing new difficulty m
the yay OF d contractor obtaining his money not
existing the time his contract was made or eise