Year: 1871

to the uses and purposes Of the City Coy
eminent. That Is our first cause of complaint for IN
shape Of bonds not authorized by law upon the pe9-
PIE OF this city, IT b their bounden duty under this
act to set apart S9000O0 out Of the income derya-
Die Hom TAXATION, TO the payment of that sum.


BONDS UNLAwFUILY ISSUED.


Our next cause Of complaint is that the defend
ants have already issued bonds In anticipation OF
the entire sum to be raised by taxation during the
present year. They have issued bonds, and, accord
ing to their own confession and their own published
report raised money the bonds of this city to the
amount Of s11,757.O0O, and ON the bonds Of the
County, in anticipation of the revenue during the
present year, $lo951,sO0. Thus they have already
raised in anticipation of the payment of the taxes by
the issue Of bonds not authorized by law, the
entire sum to be raised by taxation dur
ing the year. In addition to this they
to the slst Of July on tie authority Of Cap & Of
the laws of 1871, which is known as the act for Con-
sohdating the Public Debt (the, stock act), the sum
of $8 200 0O0 We show that under the same author
ity they have raised In the bonds of the county
$4 100 GOO, making 81 100000 raised by bonds prior
to the M Of July Of the ysak which s Ss7
ysBs sonsSIdston q 5s dsss q tSs sty ri
sSSORy sSoW ths IT, fSa' by own sh'
in their Own reports vfn to the puGS may





public seem to have entirely overlooked, they have
informed the public of the fact that they
have deliberately violated the law thst they have
debt as required by law but that they have applied
it contrary the law, and against the law, to the
of the % hsS have ia fG3S tGs
of the puhlc revenue separate and independent of
it, and they have made use of the act which enables
them to issue bonds for the purposes OF the c0nsol
dation of the public stock to raise money FOR the Or
dinary and current expenses OF the county, In VIOLA


Your Honor win observe, by the simple process of
raised during the first six months of the present year
amounts to $50 100000. That is, by anticipating the
public revenue derived from taxation by raising
money upon bonds which they were only authorized
to do for the purpose of consolidating the pubhe
debt they have raised in cash over So0OOOooO, and
in his report the Controller does not inform the pub
unexpended to the credit of the City and that too
Sir in view of the fact that the total income OF the
cced under the acts to which have referred, S26
OO0 thus showing that during the first SIX months
of that year there has been raised for the purposes OF
the City and County Government, over what can De
lawfully raised during the year, S4OO0,OOV. lhese
facts are derived from the Reports of the Mayor and
the Controller, and other matters when rendered IL


subject Of confusion on the part OF the de1endants
OTHER UNLAWFUL ACTS.


In addition to the facts have stated which are
clearly and distinctly set up in the bill of complaint
we also show that the defendants have gone on in
defiance of the law without the slightest reference
to the two per cent act, to make improvements and
to expend money for objects for which there is no
authority of law whatever, and for which the Con-
troller in his report admits that no appropriations
| have been made or are intended to be made. These
| expenditures are for alterations to Gro
| ton Aqueduct, on account OF the Croton
| water fund, for City Park improvements, Tor
Central Park improvements for docks, for fire tee-
graph, on account of assessment fund, on account
Of street improvement fund for Work on @
co., That sum is wholly without reference 10 any
thing which have previously adyerted TO. Whst
is more extraordinary still. the Controller in his
report intimated it his intention to issue bonds Of


the city for that S5OO0COO and, as the plaintiff is
informed and believes he has done so since the date
of that Report. Your Honor will observe that the
expenditures amounting. in this manner to
over s5y09o,o9o are part OF the ordinary 81.
ments and for certain Of its purposes, to quote the
language of the act, and these expenses could only
lawfully be provided for and paid out of sums raised
that they not only take the two per cent act" and
repudiate its provisions so far as the payments or
the public debt are c9ncerned ice Ot oneS take inc
of the City Government irrespective and In violation
of the law, and then sir they go and spend within
| six months over S5,0G0,J00. which, under any
circumstances could only bo provided by. taxation
| under the two per cent aet." Aud for those
| Sj,GCOOOO they propose to issue bonds and burden
| the people leaving the $2G,000GOO to be raised by
taxation for other purposes and departments of the
CIV Government although the law says thut money
so raised was alone TO he applied during the present
! year for the purposes Of the City Government.


| In stating, further, that no regard Whatever Is
paid by these officials to these laws we state that
there is now proposed issue OF 9onds wllch ex-
vide for the alleged expenses OF the Department OF
| Public Works, presided over by, the defendant


for the nc6 ssne Su of bonds oT the
purpose of raising money to meet the curcnt eX-
pensc5 of any department or purpose OF either tn the
and il at variance with the provisions OF the
LET TIE RING OBEY ITS OWN LAWS.


| We ask simply that these defendants Keep within
the law of their own creation, and that they be en-
io;ned and restrained from burthening the people of
this city and county by the issue OF any further
bopds the proceeds of which TO be used for the
ordinary current expenses of the government. We
ask that they be enoined from applying any part of
the ,noneys to DC raised by taxation for any other
nu,ptses than the purposes specifically enumerated
in the ,yo per cent actp We ask that they be COM
monded and enjoined to apportion the sums to be
realized by taxation during the current year In tne
manner provided by, that act to W.T. ior
having the quota of the State taxes that then
they apporion so much as may be required r to pay
the principal and interest OF the Ronc% % 9eDt tain ta
due within the year. ana lnav nnd ths bnanos onlv
for Ike pordnnry purposes of the Government. And
| that The Government expend no more meney, pay
no claims issue no more Dohs anu ia ,ne ra
people to no greater extent than to the precise re-
portioment of the quota of the State taxes and the
payment Of the principal and interest OF the public
debt falling due within that year. we ask tneIe. ne
fore simply that the law be enforced. We show the
Violation OF the law in the most fagrant manner and
bv the most open confession and we ask that 1t be
onio' THE STATUS OF THE pLANTIFF


One word as to the status Of the plaintiff here.
Under the act of 1884, the defendants in this present
case were declared to be trustees of the property OF