The New York Herald Newspaper, September 12, 1871, Page 4

& THE GREAT INJUNCTION CASE. Another Grand Field Day Before Judge Barnard. Affidavits of the Mayor and Hleads of Departments. The Whole Arcanum of Municipal Mys- teries Exhibited to Public View. Complete Exhibit of City and County Finances, ARGUMENT OF COUNSEL. Rarely bas the Supreme Court Chambers been so densely packea, rarely has the assembled crowd presented such a motley variety of character, and rarely has such eager expectancy animated every face as at the opening of the Court yesterday morn- ing. Jt ts evident that the city injunction case—the | magnet o! interest drawlug tozetier such a crowa— has taken a pretty deep hold on public attention, Everybody appreciates the figut as oue of unusually exciting character, and, of course, 18 anxious, not only to Watch its progress, but to witness the de- houenien!. City office-holders of higher and lower degree, pouticians of every possivie siripe, business meu of all kinds, men of heavy and light calibre im the professions—an omnium gatherum, 1a lact, of every representative phase of the peopie—comprised the throng. There was a busy hum of voices discussing the various aspects of the controversy and its probabie result, till Judge Barnard took his seat on the benc’ and the Crier, with a rapluity of uiinieliigible utterances, calcu- lated to astonish a “heathen Chince,” convened the Court, On the bench, sitting beside the Judge, at the opeuing of the Court, were City Judge Bedford and the Assistant District Attorney. THE OPENING PROCEEDINGS. From the early hour at wiich Corporation Counsel O'Gorman put in appearance 1a Court tt was pretiy evident that the work of repelling the attack of the East Side Citizens’ Association against the chief | officers of the municipal government was com- menced with tie first note of alarm, Tae wonder, indeed, ar as the case procecded how tt was pos- elble tor the Corporation Counsel and tae defendants | themseives to have prepared su exiaustive a reply vo the complaint, as against each and every one— ‘Ue Mayor aud the beads of depertineuts. The afl Gavits were all read by Mr. O’Goriaaa, and nowing could veiter allest the interest the cittzens feel in those proceedings tl the fact that, though early four hours were consumed ta read. ing the efldavits, the court room was crowded to the very moment of adjournment. Mr. U'Gorman read in a clear, iuil voice, emphasizing salient points, @nd thus engrossmg the earnest altcution of the crowded cvurt room to ie end. 9 THE! ARRAY OF COUNSEL. There was quite an airay of couusei present when Mr. O'Gorman called up the case, stauing that he appeared for the Mayor, Alderman and Commonally gad for the Board of Supervision, Messrs, Witlam 0. Bardett and Bir. Bartiett ap- peared for Mr. ‘iweed, Messrs, Brown, Hali aud Yanderpoc! for the Mayor individually. Mr. Beach for Comtrolier Connolly. For the plaiutiflz, Messrs. Barrett and Strahan. iv ase Catled On. Mr. O’Gorman cailed up the case of the tn ogainst tne city, He was vow x veply to the charges against the de! dy to meet and oniants. MR OW. O. BAKTLETIYS REMAR: Mr, Bartictt, counsel for William M, addressed tue Court. He said:— J appear here as personal counsel of Mr. Willa | M. Tweed. I bad understood from tie pubile jour- baig that tere was to be a sort of adjourned town meeting ere ibis morning, i ihe presence of your Honor, in which an attempt was to be inade to give | to partisan politics and to the struggle (or power and orice ti this cily a tegal aspect and a judicial soludou, and that men who dave wooed In vain ior the sweet voices of the pecple to place them in ottica Were about to attempt to Wresi by judicial proceeu- ings tho seats of those who had Leen elected io power by votes of the people. The patwe of my | ced, first irrep: gushing iricnd and quondam | cuent, Mr. appeared as leader, and the aame of Mr. ‘weed was in the paper, i am retamed by Mr. ‘Tweed to appear for him m all ections ailecting | tum omictatly or personaily as his private and 5 sonal counsel. He handed to me ou Friday a pampulet which was haere to be a copy of the compiaint of Mr, Feloy. took it and told him I wouid be ready on Monday mourning to go on, relying on that to be 2 true copy of the complaint. But the next | day I found it a mass of jumbled matter, without any connection, the middie of the pampniet, from pages 21 to 24, were omitted, aud the substance of the comp 1 have wu charges are against Mr, Tweed. 1 will preseniy and (he copy to your Honor aud you see my statement 1s entirely correci, [ don't wish to 1ter- (ere with the proceedings or to deiay them at all. Mr. Tweed is ready to answer charges against him wherever made, by whomsocver made, at any (ime and atalitimes, All that we ask preparatory to answeriug them is to know what they are, aud of that he bas not yet been tnlormed, Willie 1am on my feet | will take tlus the fittest opportunity, because the carliest, to congratulate Your Hoaor pon the circumstance that the high esttmation which I ana others who ha’ own you have jong placed upov your judiciai ¢} cter, has suddeny bveconie the generai—I may sy the universai—teuti- ment of tis communtiy. as been the fortune of a good mi revered their count?! that their £ a8 principally postnumous, Pos- terity oni lout tothem the fuli measure of justice. | remember a striking instance ata period vo Which, J supose, Your Llonor’s memory does not t exiend, Wien the press of the whole country was | iy dled with abas: Adams than tue press ol this city was ever filed with abuse of Your Honor. if the correspondence from Washington of ail the press, u the speeches of ail tae Southern members of Congress were to be taken a8 an indication o! publi ment—Le was the most despised, the most hate most detested man living. But when at iis post outy, Where ie had longserved his couatry faitafal- ly, he was stricken down by te band of death, there, | as it were, in the twinkilng of an eye; the voices | Of those Who bad been for twenty years condemn. | 'y, Were the loudest in bis praise. , listening to that eloquent 3, from that hot of nuilitication a, South Carolina, dei + over his re- ihe most clouneut, onching eulogies shat example was full of in- end i bave thought how Ite the vivlent abuse of poilti- cal opponeuis a8 an imudication of the trae Blanding Of any man. bul 1 rejoice tbat Your Honor bas ven more fortunate, Whiie you are still in the prime and vigor of le the whole community applauds your judicial conduct in this case, Your decision has @ peculiar importance at this time. Aud it is, therefore, proper that suy man whose character and whose personal standing is to be afected by ine decision wiicl Your Honor shall wake im tis Case shall be inlly beard. It is em- phatically necessary unat he uld KNOW betore ie case is d rges against hii of John Quincy man, Mi and sece: gins one struction to ie is to be regar 10 Unis case, this matter may be left o Mr. tweed to be beard by counsel subsequently to she Charges being served upon bin. MR. O'GORMAN’S ADDRESS TO THE COURT. Mr. O'GORMAN, rising, sald:— May tt pleas Court, I trust Your Honor will Hot suppose t unsel for the Corporation has less coulidence in Your Honor because be addresses you a8 a Judge bound to do you cial daty, and, @s he believes, laving a full intention to do all your oMcal duty. “Lask Your Honor omy for that which Your Jionor is bound Lo give, that 13, suaple justice between the plaints aud defendants io this case. Aud Ishould think bul very poorly of this Co W for one Instant 1 enicriained tho One picion that, citer for the transtent fayor of a part of te people or for fear of the transient loss of such favor, or even for ue squalls ano tempest of What passes by the name Of pubile opinion, cowd for Must@nt distury the calm and deliverative atmosphere of the jndicial uuind, im Which conditivn aione Wath can properly be tnvesiigated vefore the judge of auy court, it would be indelieate and Moproper for me on any ordinary occasion to press upon tue Court any siep or motion Which has not the full concurrence ef all the defeniiants in the casc; andl regret that Leaunot in this case at once siare my perfect Willingness to 10 the motion of the learucd cowusei for Mr, On Thursday last, if the Court please, an dajanction was grauteu by Your Mouor arresting umevion | | | stopping tl @ request, whatever action may be | Leste | ant ‘& position to prove— ie ne operations of the Corporation of this great city, Mr. Ba the Corporation has ml me donot move fora delay. I sk Lh Uaal Une case be kept open for me to put iW an answer to Ure be Magi galnst ua Whenever we Know what these charges are. Bayou Us We do NOs desire Co Interfere with the prve ty mnitrated, | “Mr, O GOWAN Well, we shalt endeavor to accom- weviake Cunsetves 80 That No injustice shall be done | So aaydedy by these oulings. | MR Bw We nak no dclay, | Mx O'GORMAN—I understand, and now that Ido Wneterstand the position of the learned counsel, let } me continue for ove Instant. When that motion for | txyumotion was made, as Your Honor remembers, tt was made on a complaint which has abont it a good boy bay air ofa newspaper articlo—a great deal of the air me th: A POLITICAL HARANGUE, And vory little of the alr of a proper, legitimate and exact pleading, as we understand pleadings in courts of jusiice. In additton to this, an unusual course hag een adopted—the motion havin: been *x parte, without any one toterest: having notice to appear, or notice of hear- ing trom the other side being served. ‘nis motion was accompanied with an address to Your Honor Dearing on all the evideace close and eloquent preveration, having in it the keenest stings and itterest attacks upon certain of the city officials, And therefere, Your Honor, It seems to me that ti Is. entirely proper that now, on the first occasion, a statement should be spread before the Court, that allldavits at least shonid be read, so that the puolic may be enabled at once to see upon what grounds these officials base their claim to have acted—not illegally or improperly, but legally inthe matters charged agatnst them in the com- plaigt. I therefore ask Your Honor to allow me to go on with the reading of the aflidavits of tne vari- ous defendants tn this case. They are voluminous and will occupy some time, and then, if learned counsel on the other side desire to make any pro- position, iet him suggest them to Your Honor, and | We will agree with them provided my cilents, the Mayor, Aldermen and Commonalty and Supervisors, have now au opportunity to state their case before the pub§c ana Your Honor, ag the other side have it, Ex-Juige BarRErT—I don’t quite understand the ob ect of the remarks, both eloquent and po- which have been mado by tne learned coun- sel who have preceded me. The counsel for Mr. re eueal, | | weed opened his remarks by saying that he had | reason to believe that he was coming to a town meeting this morning. 1 have scrutinized the papers and can find nothing of that sort of thing in them, Though Imyght say, after listening to what that counsel had to say, that I might think diferentiy, From the remarks made by him here vetore Your Honor he may wellhave thought that he was ad- dressing & town meeting. He has adverted to the Motives of the prosecution without himself being in readiness to say anything on behalf of the de- fendant for whom he appears, If the complaint or other papers served apon him were vechnicaily defective, in consequence of a clerical error or any other cause, he mig have ascertained the facts of this prosecition, and would have seen in any jour- hal tn this clty'from the published complamt in What mauner the facts differed trom those stated 12 the copy oi the complaint served on him, Mr. BARTLETT (for Mr. Tweed)—I have not had an Opportunity to see the newspapers since the copy of the complaint was served upon me, Mr, BARRETT—I do not think that we ought to go into the motives of the prosecution without, at all events, stating in answer to it a simple and broad denial, ‘rhere is nothing in the case to alter it from any ordinary case between the A B and U D, 1 simply endeavored to state, in as close and detaited a manner as possible, without verbiage orany attempt ab peroration, just as though I haa been in an ordingry case before Your Honor, I leave it to Your Hovor and the public to say if this is nota ‘fact, The remarks made this morning are the first that have been made tn the case—de hors—the re- cord. Counsel for Mr, ‘Tweed has sald a good many kind tuings this morning of Your Honor, tn all of Wiich we most heartily concur. He has recom- mended Your Honor for the course yor save taken in granting this injunction. This is «cry well, T can only say that there is not the jeast: ipicion t Your Honor was incltued to do any injrs'!ce against the defendant Tweed. Now we aro ready go on, but am J to understand that this case Is 10 Le argued piecemeal? Is my triend ready now? Judge BARNARD—AS I understand ti, Mr. Rartlett is anxious that the case should proceed to-day, with the permission given him to put in aMdavats from Mr, Tweed next Mondey without any additional argument. Mr. BaRReTT—-I object to this couran, It is a matter of right that we should kaoow what the am- davits are before any doctsior is made, and tt is only proper that we should have an opportanity to address Yoar Honor on the sunject. Judge BaRNABD—It fs suggested tht the whole case be adjourned over to next Monday, when all ‘Vhe affidavits will be put in. Mr. BaRBkTT—Your Honor, we accept this course as satisfactory under the circumstances. COMPTROLLER CONNOLLY'S COUNSEL, Mr. BEACH next arose, stating that ho was coun. sel for Mr. Richard 8. Connolly (Comptrolier) and Was quite prepared to meat all Charges agatnst his pubic or personal character. ie Was much op- posed to delay and wisited to lmpress on the Court the necessity of tmmediate action, ‘Ihe gravity of the accusations required that they be immediately met, 1t was due to public aud private interest that the mater be heard, and ba, on tue part of Mr, Con- nolly, was ready. In & few uric! but well-timed remarks he complimented His Honor on the course pursued by lim and the favor of the public, and said it was a judgment be had long entertained, Mr, SMITH appeared for Mayor ifail tadividually, and expressed his desire to have tue case proceed. THB PAYMENT OF CURRENT EXVENSES NOT PRO- HUIBITED, Judge BARNARD said tat a: abroad that the pay of the police, of the gas, of the jaborers on the Croton Water work and on the piers. and docks was prohibited. In making the injunc- tion he had been careful not to prolivit these nor any of the ordinary salaries. Sir, GAkRET?—Your Honor knows that I was care- fu) of Lis and offered w wake any amendment to avoid tbls, Judge Banxanp—Yes, you and I know what was in our Injunction, ba’ some of these persons, who haven't read a law book for years, if wey ever did, don’t wuderstand it. _ THB GEMOVAL OF THE corr, Judge ard, in view of tbe uncomfortaple and packed stare of the room, stated that he would move the Court into ihe Oyer aud Terminer rooin, on which a regular stampede of reporters, counsel and the ‘al publ.e followed. As 8000 @s ord: was restored Mr, Barulett announced that he had been served with a complete copy of the complaint, aud wiitdrew his ovjecuuon to proceediag. The AMiavits. The first aMdavit read by Mr. O'Gorman was the APPIDAVIT ON BREALF CF BOARD OF SUPERVISORS. Now comes the Board of Supervisors of the county of New York, py Richard O'Gorman, tts attorney and counsel, and denies that the said Board or any of its members have ever entertained any {aca of raising, or Intend or threaten to ratee, by tax upon the estates, real and personal, subject to taxation in the city ana county of New York, in the year 1571, any amount of money whatever, for any purpose whatever, except said amount shall first xed and Girecied to be ralsedt by the Board of Appor- tlonment mentioned tn the third section of the act of the Legislature of the State of New York, entitled “An act to make provision for the local government of the city and county of New York,” passed April 19, 187], and be se: apart and apportioned as there- in provided, And the said Board of Supervisors dentes that tt or any of its members have ever entertained any idea of auditing or ordering to Ve pat, or intend or threaten to audit or order to be patd, clatms against the county of New York to a greater amount than the sum which suall be set anart by the aforesaid #oard of Apportionment, during the year 1871, for the purposes o/ the sata county, or the government thereof, im accordance wiih the provisions of the Ulird section of sald statute. And the said Board of Supervisors denies, on tn- Tormatiun and belief, that tnere are any facts In existence, alleged In the complaint, tending to ebow, duectly or indirectly, that sail Board or any ol its members intend to or threaten to periorm any of the acts prayed to be enjoined adversely to sald Board or its members or the public; and the said board says that i, however, for any purposes of ‘ion or gratifying the litigants, or sulistying tie Judictal conscience, it becomes neces. sary (o continue the Injunction at foltos $4, 85 ant 88 of the printed injunction order, neither the said board nor its counsel can see any possible ob ection in enjoining the Board from doing that which the Board must by law do, ana which, ! ail good faith, tie Board and al) its members intend to do. Wherelore judgment, in the form best to be adopted by te Court, 18 hereby prayed and sub- mitted to. City and County of New York, 8s.:— A. Oakey Hail, being duly sworn, deposes and says that be is President oj the Board of Supervisors, Uie above named defendant, and that the foregoing answer 13 trae of hisown knowledge, except as to matters therein stated to be upon information and belief, and taat as to those matters he belleves it to be true, 5 KEY HALL, President Board of pnd Coa Sworn to before me, this 11th day of September, 1871, CHARLES W. LAWRENCE, Notary Public. A DEMURRER. On the conclusion of the reading of the aMdavit Nr, O'Gorman read and served on counsel for the Plaiutils a demurrer, as follows:— -That plaintifig have nota legal capacity to J impression had gone ad, /nd—That the complaint does not set out facts lent to constiiule @ cause of action. Mr. O'Gorman then proceeded with the reading of ouler aficavits, as follows:— AFFIDAVIT OF THE MAYOR. Now comes the co-defendaat, A. Oakey Hall, by Brown, Hail & Vanderpoel, his attorueys, aad for auswer say He ob, 8 tuat plainti? has not legal capacity to sue (his defendant, and that the same aves not sum- ciently appear upon the face of the complaint to constitute a cause of demurrer, as defendant ts ad- Vised aud believes, for that there ia no legal rela tionship, eliber Opon contract or upon wrong and injury done the plaiatid by thls deiendapt, vetween Plaiaum apd this defendant, wu enutes DUM in @ny respect to demand, ae agains this miant, apy OF ihe relies which he asks for in his complaint. ‘This defendant admits each and every al in subdivisions Cuird, fourth, Uurieenth, tow aud fifteenth of the compiaint. He denies rally, upon knowledge, iniormation d belief, the ailegauons in subdivisions Oitu, sixth, seventh, eighth, ninth, tenth, eleventh, twelfta, sixteeath, seventeenth, eighteenth, mineteentn and twentieth, He deuies specifically the allegations comiataed La the completes at folio 21, that the average expenditure an COST OF THR GOVERNMENT of the city an! conuty, during the two years and a half of this defendant's mayoralty, was $59,087,548 08, and ne avers that, whatever tho sum may be, there was during the whole of tne year 1859, and of the year 1870, teroughont its coe est part, but a samali responsibilty thereof to be debited {as the complaint tugenuously vers to aebit) against what tne said complaint terms the mavoraity of this defendant, for that, as the piaintlit well knows, the expenditures of said periods were made and authorized by hoards and metropohtan commissions, and not by the city government as a municipal goverament He specificatly denies that the result referred to tn [9 lio 22 of tne complalnt, or any result of THIS DEFENDANT'S ACTIONS as Mayor or as President of the Board of Super- visors, Or as a member of the County Commission of Audit, or as a member * CS King ee Apportion- ment, OF as 4 member of! a sion, ey inturlous to Phe lest tutefoaty ob Fin dhe denies the further allegation, at such folio, that this defendant, as Mayor, systematically treated the provisions of law set forth in the complaint or any laws of the State, as if the same were of no binding force or effect, He spectiically denies the allegation containod at follo 24, that he 1s principally or in. anywise what. soever interested inthe New York Transcript Ass0- ciation, or inthe New York Printing Company, or in the Manufacturing Stationera’ Company, or that at ~~ \lme whatsover ho was so interested, _ He specifically denies, in his capacity as Mayor and Personally, that le has a large becunlary interest in tne newspaper known as the New York Leader or any pecuniary interest therein, and he avers that at no tine since he became Mayor has he nad auy pecuniary interest therein whatsoever, and that ne has no prospective pecuniary interest therein, And this defendant speciiicaliy dentes that he, as head of @ department ta the city government, has been ever DIRECTLY OR INDIRECTLY interested in any contract, work or business or in the sale of any article, the bealigregh vag or conside- ration ot which was paid Irom the City Treasury, or by any assessment levied by any act or ordinauce of the Common Councli, or in the purchase of real es- tate or other property belonging to the Corporation which could be sold for taxes or assessments, or by virtue of legal process, at the sult of the Corporation. He specitically denies that as an oficial of the city of New York he has connived with or atded any other offictals, or anybody, to give the New York Printing Company a monopoly of the printing of the sail clty and county government, or to the Manutac- turing Stationers’ Company the monopoly of all the stationery supplied to the olty and county oMces. He specifically dentea that any oMctals of the city and county government, or this defendant aa one of thom, has openty or secretly or otherwise assuctated themselves together to set the LAWS AT DEFTANCB in order to secure large pecuniary benefits at the Peete expense; or that they or this defendant have hy their acta destroyed or removed all or any bar- riers, checks and safeguards which had been erected by the Legislature tn order to protect the treasury. ‘This defendant dentes spocitically that he has ever received large or any whatsoever pecuntary benefits at tue public expense in his capacity as Mayor. And he avers that beyond the reception of salaries, under laws and ordinances, he has never directly or indi- rectly received or derived, to his knowledge, any pecuniary benefit whatever from the discharge of lite onice of Mayor, Le spectfically dentes that he has in an open or ina secret or tn a Magrant or in any other manner set at detiance the provisions of the law referred to at follo 21 of the complaint, He specifically denies each and every allegation contained in subdivisions nine and ten of the com- plaint, and he specttically denies that the clatins re- terred to in subdivision vine were to a great or an: extent fraudulent upon their face, and ho ap ecitl- cally denies that he ever in any wise assisted tn FRADULENTLY AUDITING any claims, or that any certificate that he ever signed was false or frauduient, ile spectOcally denies and controverts that a3 a member of the Board of Apportionment bo hag im any manner as alleged between folios 52 and 65 of the complaint, or in any other manner, failed to perform his gutiea a3 a member of said Board of Apportionment, Ile specifically denies that the ex- pendituras for the various departments and pur- poses of the clty and county governinent, during the year 1871, are largely or in any excess of the sums ullowed by law, or that he las openly or secretly or systematicaily, or without system, or in any man- ner, set at dedance asa city aad county oficial the laws rolerred to at folio 60; and he specifically denies that as a member of said Board of Apportion- ment he has FAILED TO MAKE PROVISION inthe terms of the second and third sections of the statute referred to at fullo 63 of tne com- platnt, or that as a member of satd Board of Appor- tuonment he had threatened or mteuded to appor- tion and set apari the sum of $9,000,000 in manner and form as alleged at folio 63. le spec catly denies that expenditures are being made and Mabilities incurred on behalf of the city, with the Knowledge and approbation of this defendant, which are largety or to any extent in excess of we scatutory appropriations, And this defendant, further answering, alleges that on the Sist day of December, 1870, he OBASED TO BE MAYOR of the city of New York, under the terms of oMce, setup at folio 6 of tie complalut; but that under and by virtue of a regulur election he assumed a teri of Oftce on tue Ist day of January, 1871, for a full term of two yeara, ending December yl, 1872. And this defendant, farther answering, avers that all the provisions of tho Charter of 1367, alleged tn Bubddiviston tree Of said complaint, Lave been duly repealed. And this defenlant, further answering, avers that when the Board of Apportionment met, and, indeed, belore the frst day came upou wich it cowd by law convene, the VARIOUS DEPARTMENTS of the city government had been expending for their current expeuses sims in accordanee with the estimates therefor, which, according to the charter of 1870, they had theretofore daly made for them. selves, aid upon & basis of expenditure largely in excess Of the basis established by the s0-called two per cent law, and that before sali law passed, Tevenue bonds, tn anttelpation of tue cotiection of faxes of 1s71, had been, m due course of and in conformity to law, tssned to provide for sald quota of expenses estimated and incurred as aforesatl. ‘but that the satd Board of Apportionment tmue- diately began asystem of reduction so as to conforin and cquave as far as possibic the remaining expenses for the current year Lncurrable by the varivus se partments. And this defendant, farther answ ering, says tbat NEVRR TO HIS KNOWLEDGE as Mayor or a9 an individual, wheiner daring this teri or lis prior term of oMcs, has any oficer of the Corporation been directly or indirectly interested in any contract, Work, or pitsiness, or sale of any arti- cle the oxpeuse. price or consideration of which 1s aid {rom the city treasury, uc bY ony assessment jevied by any act. or ordinance of (he Common Coun cil, por In the purchase of any real estate or other property belonging to the corporauion, or which shall b9 sold for taxes Or assessments, or by virtue of legal process ac the sult of che Corporation, And this defeudant, further answoring, avers ‘that the last oficial report of the Comptroller, re- ferred to at folio 13 of the complaint, shows the following exhiiita tu relation to the state of the funded and temporary debt of the city and county of Jew York on the 3ist day of Jay, W7L. Here follows the report of the Comptrotler, al- ready published in tho Mayor's message. (The last oMelal report of the Comptroller has already been published in the UsRatp and it ts | therefore omittcd,} And this defendant further answering and meet- ing the allegation at folio 17 of the complaint, that the diference (assuming tae fgures of tne com- plant to bo Correct as set forth between fultos 15 and 16) 1s In the increase tn the funded and tempo- rary debt of the clty and county during the two anda halt years of the mayoraity of this defendant | the sum of $44,147,765 88, dl not the sum of $53,028,427 71, as set forth at foilo 17, and he avers that a’ large portion of this sum |s a temporary dob, and that of this temporary debt and revenue bonds, avout $14,000,000 will _be due by redemption on or belore the first way of Fobraacy hext, revired, andl the temporary dept duninished by that suum. And this defendant, further answering, avers, on Information and belief obtained from an tnapectton of the books of the Finance Departinent, and tn- formation obtained from the stock clerk, who has | hem that Ofice tor the term of thirty-jonr years, that the city and county debt was contracted (ur, authorized and etands in mode, manner, history and relauonship as now particularly eet 1orth. (Tais particularization has also been pubitshed tn the IlERALD tn the recent message of the Mayor to the Hoard of Aldermen.) And this defendant, further answering avers that he has never couutersigaed a city or a county boad that dia not appear upon its face tw have veen authorized by au act of the Legisiature, and which he personally knew to beso autuorized. That tue ctice and usage of countersigning bonds of tne : i county by the Mayor, aud miscalied in the bt aa issuing of bunds by the Mayor, le as fol- jows:— The bond reaches the Mayor by a messenger from the Bureau cf the Stock Clerk, with the diling up of the body of the bond in the hand Yeitiog of acierk in said Bureau and aiready signed by the Comp- 3 trolier, and that thereupon the Mayor couutersigns | it, according to law, and the sane is then sent to the Clerk of (he Comiuoa Council, or of the Board Of Supervisors, asthe cate may Le proper in an in- stance of a city or a county bond, 19 order to lave thereto affixed the appropriate seal of a city or county, accompanied witi the appropriate signature | OF elther the Clerk of the City or the Clerk of we Board of Supervisors, aud 1s bext returned to the Bureau of the Stock Clerk, where it s duly registered and issued to the proper party, who gives his receipt therefor. And this defendant avers, on information and beilef, inat each wud every \ond ever signed by Uns defendant has been duly issued according to law. And tnis defendant, further answering, avers that the custom and usage in relation to signiug the city or county warrants (referred to variousiy 1m Ue com- piaiut) upon the city or county treasury by this defendant, a3 Mayor, lias been as follows:— The Warrant would aiways reach the Mayor with the signature of ihe voimpiroller already upon it as the statutory drawer of the warrant, the warrant being attactied to a blll or @ voucher Which had been already serited, adjusted and-accepted vy either the City Auditor or te County Auditor, ua NEW YORK HERALD, TUESDAY, SEPTEMBER 12, 1871—TRIPLE SHEET, butofthe auditor, whose further cute tt is by law ae an naar re detest face of the warrant, or the bill, or the voucher, a discre| » a0 inconsistency, or 81 of error, defendant avers that an idea of tho number of warrants he has so attested to the valid- ity of, ag already drawn, may be derived from the fact that during two years and ahalf thirty-nine thousand two hundred and fifty-seven of them, a3 defendant finds by recent investigation, have passed through his ofice, And this defendant, further answering, avers that the collection of taxes in the fiscal year of 1860 the sum of $20,854,919 51, $21,300,536 $4, as set forty fn the laint at folio 18, and that tne taxes collected in t) year of 1870 amounted to the sam of $21,636,- 43 87, and not u +f Of $23,562,127 71, as set fort! id and that the sums reasury of the city and county dui 1869 ond 1870 on account of assessment collections at Br , #7scun 068 08, ane es a he on 9 Et ONL BE o tai cist durthg ania’ Yast dauoned period therd was paid into the treasury of the city and county from the general fund the suin of $5,374,314 65, and Not the sum of $5,836,657 85, as set forth at folio 20; and this defendant avers that the figures of the Piaintid are untrue. And this defendant avers that the allegation co! tained at folio 21 of the complaint, that during t pertod last mentioned the sum of $147,718, 20 was pald into the treasury, {8 @ marvellous iisap- prehension. And this defendant avers that he is legally advised by counsel and believes that the allegations con- tained in the complaint between folos 27 and 29, foltos 82 and 36, and more particuiarly of matters occurring tu prior years to 1871, are irrelevant to tnis cause of action, ani therefore, and on that ac. count only, tis defendant herein omits to contro- vert them. And chis defendant, further answoring, avers that moneys expended for city and county purposes are derivable from two general sources:—First, from taxation In each and every year, in order to defray current expenses of the city and county govern. ment, and to pay the tmterest on bonds already issued, or to previde for interest on bonds about to be Issued, and authorized by law to be issued, and to pay the enormous proportion of State tax which 18 yearly assessed upon the city and county of New York, an which source alone 13 called appropria- tion account by the law and the usage of tho Finance Department. Second, to detray extraordinary and unwonted expenditures, in the nature of providing for city lmprovements from — obtained to the treasury by the sale of bonds of the city or county ata premiuin varying from two to seven per cent above par, and tnrow upon far distant years the payment of such tmprovements, rather than force the immediate payment of the. principal by |. Large and excessive taxation, and toa period when, by the natural accretion of value, the real and per sonal pape of the city and county of New York, promoted aud assisted by these various improve. ments, will pay the principal of the bonds with the least incouventence to the taxpayers of another gen- eration, Tiu3 second account ts called special and trust account, and has no connection tn law or fact with the other aud appropriation account, and should aot be confounded with it, as is done in platntid's complaint. And Uus defendant, further answering, avers tn this conuection that almost alone of all the cities of the Union or of the world the vonds of this city or county ure not 133usd upon the mere city or county credit and its vanaity, but also upon collateral of real and personal property pledgea vy jaw for the payment of said bonds, amounting as deponeut 19 laformed and believes, by the testimony of }enowned experts, to the gum Of $24%,935,499, aud that in al- most every case in which bonds have been issued the procecds have been used substanually aod pune: tually for tac purchase or permanent obtaining of something which would taugibly represent the prin- cipal of the bonds, as the aqueducts and reservoirs: represent lie Croton Water stock, the various pub- lc bulutugs, school houses, aud court houses throughout the city and county of New York repre sent Public ducation stock, Building Loan stuck, and Court House stock aud Market stock; aud Qen- tral Purk stock is represented, uot only bv the Cen- tral Park iiseuf and vy the amense reservoir therein erected, but by the improvement and enhancing value of property fur purposes of taxation immedi- ately iu the vicinity of said Park, and also by tm- provements in other of the various parks and public places ol the city, improvement stock is represented by opened Streets, wideued strects, boulevards and acquisi- Uons of property, for new parks aud for developing unimproved property in the suvurbs of tho city to meet the speedy aud pressing demands made by large and influential taxpayers, inciuding the plain- tit in tins cuse, for the develupment of the upper part Of the city. And this defendant, further answerlng, avers that the debt contracted #y the city and county of New York during the late prolonged civil war, including the bonds issued for the paymeut of war and riot claims, amounted to the sum of $12,633,6u0, for which tae city has to show a commercial prosper- ity, springing from a cemented union and a tranquil government, aud an example of loyalty, consist- eucy and persistency for future generations. Ahd this defendant, further auswering, avers on information and belief, that at no distant time a portion of tnis war debi, if not the whole ofit, may repaid to the city of New York by the general government, And the defendant, further answering, avers that tie bonds named In tue plaintia’s compiaint, at folio 89, have to snow for them the extingutsament of embarrassing luis aud entangling litigation engendered ana fostered for a long series of years by complicated, confeting and subdivided systems of local government in city and county departments, utterly independeat of cae another, Add this de- fendant avers Uiat these last-named bonds were not only duly authorized by three different Legistatures aud approved by two diferent yoveraors, but were contemplated by the sald Legisivtures Lo be fora very large amount, vluerwise Lultds Would Out huve deed autiorized, Ani tins defendant, farther answering, avers that the bonds autiorized by the last Legisiature (the issue or non lasue of wich foruis the general sub- Ject matter of thts actioa) were duly aud widely dis- ‘cussed in all tueir history, effect and bearing, not only 1n the Legislature and in tne Executive Chamber, but in ine lorum of public opinion by State and city he\spapers of all partes, aud their’ purport, scope and extent fully considered and understood, and tuat the aliegations of surprise or novelty couce ing them appeariug in tie cemplalut ute unwar- ranted by facts of common aotoricty. Aud (ls defeadant, turtier answertng, avers that he is advised by counsel aud belteves that tt ts ovll- gatory upon the city aud county autborittes to issue tuese bonds, under authority of tie Legisiatare. And tis deiendant, further answering, avers that there are in the city and county divisions of the Fi- hance Departmeat two general accounts Kept, one calied Ure “appiopelation account’? and the other called the “spevtal aul trust account,’ Tue first- named account comprenends everyting that enters int the yearly taxation, and the second account comprehend ail receipts of and proceeds of bonds; aid that it na3 been usual and castomary, in admiu- istering Ute aairs of tte Finance Department, in Doth the Clty aud county subdivisions, if there was an excess of cash in either the city or county trea- sury, to employ tho same for the payment of current expenses or trust expenses, alwuys keeping each account intact from interference with the other, and if by so dojug a saving of interest could be made, but always audio every casu neyer spending tor current expeuses mere thau was auly and regularly appropriated, or than was to be retmbursed from te collection of taxes or aviils of loans and regular revenues, ant ulways by the most methodical and systematic bookkeeping, which tuls defendant, from inspecuion of the Fiaance Department more re- cenuy made, avers to be 1a system, In regularity aud in detail as periect as tie DOUKKeeping of Ure United States goverument or of any bank or trust insttu- tion 1a the country. And thls defendant, farther answering. avers that Whereas in the instance of the legisiation of 1371, many Classes and numbers of vonds are authorized Lo be issued, it would be manifesuly prejudicial to tne fluancial interests of the city to place all the boads on the inarket at once, although the necessity for the expenditure of the proceeds of the bonds for the ovjects for which they are authorized was tin- Minent at one and the same ume; and aefen avers, on information obtained from the Finan ye partweat, and on his belief, that immediately after Vhe adjouroment of the Legislature it vecame neces- sary to provide for immediate expenses under the objects specifivally set forth in the complaint at folios 65 and 6—thatis lo say, for aqueduct alterations, City Park tinprovements, docks, fire wlegraph, assess- ment and sircet improvement tuods and boulevard improvements; and that, as tue Comptroller found, he could put ine consolidated boud debt as an en: Urety best upon the market before tssuing tie other, and as the paymeut of their interest could be levied by taxation over and beyond the amounts ordered to be raised by the two per cent law, the Comptroller did so with great advantage to Une city treasury in the way of premiums, Intending there- after Lo issue the viner bonds that were authorized by law, and for tue manifest benefit aud proper purposes announced in the law, ana in the Ineantiine borrowed from payments made on account of tne consolidatea debvt bonds moneys needed for the purposes for which anticipated bonds were lawfully to be issued, be- cause It Would be some tine before all the payments contemplated from the proceeds of the consolidated debt boads woulll be necessary to be made. And Unis defendant avers, that to prohibit the issue of bonds already autiorized by tne Legisiature, under such a siate of facts as herein shown, Would lay the foundation for an increased (ax ievy next year possibly new legisiative jobbery with ihe city Huances, to the buraen of taxpayérs ana manifestly Bilschievously aod Without purpose or public benetit, embarrass the city government and its credit, the cash proceeds of the consolidated debt stock having been temporarily used to provide for the expenses legislatively contemplated by tie other stocks over and beyond expenses under ‘appropria- tion account, and reimbursement having to be made to first named fund only, out of the proceeds of the second named fund, to wit, of bonds yet to be issued, And this deponent avers tat the very moneys permitted by the injunction order served with the Ke eed to be nevertheless paid to laborers on parks, Works and docks, are derivable from the use of the cash tn the special trust account borrowed from one part of itas aforesaid and which moneys are property chargeable against that part Of the special and trust account kuowh a3 proceeds of city inprovement stock severally denominated at folto 65 of the complaint. And this defendant avers, on information and betief, thas the known commercial diliculties of negotlating atouce large blocks of bonds, and of diferent classes, as has been evidenced in tho recent Well as often otuer city and an authorities, as = id appear by due signatures with which the de- fen tis acquainted, upon the back of said voucher or bili; and defendant has always countersigned or attested to the validity of any warrant without any inquiry into the nature or propriety of the claim comprehended in the warrant, beyond (nat afforded by the Le ad od already given, not ouly of the Comptroligr, aa the head of tae department case Of the Unites States governmeny Syndicate loan ana of railroad corporations, 1s a a, aud in good faith, answer to each and ail of the averments made tn subdivisions 19 and 20 of the complaint. Abi this defendant, further answering, Rs) thay, ) when the jaw set up iu the complaint eeu payment im excess of jations, it means,ex- Geass of appropriations tar the curreas, ox- Penses of the government to ve raised by tax and bonds, and this a that the law set eg ty me land. ‘are additional *o may addition to the general tax levy Board; ae cy oe As portionment and Super- to cripple and vantage fa a commit in pro- with his associates in lonment taken, adopted and fol- oat technicality and particularity W ined rt form embarrass the city governuént end Sedu ia otal in connec he Boara of A'pportionny lowed with the utm and ne avers. that. all the ‘progsesings of st AD: ings Of said AD- portionment Board (which ts the writ successor of ‘all the numerous. of estimate and appor- tionment {apeeor exishing with unlimited and member have been full, accurate, regular and in every respect conformable to iaw, and he avers that the action contemplated by the exception in sub- division one of the plaintiff's demand for judgment has been Tigris and weeks before this action was commenced, taken by said Board of Apportionment in the very manner prayed for in the complaint, and that all the matters asked for, to be commanded by this Court to said Board of ope rens and to this defendant (at folio 70 and 71), have been tully, fairly and technically already complied with. And this defendant, further answering, avers that whatever were the acts all have been com- mitted tn folio 37 of complaint by this defendant, they were done and committed not by Willlam M. Tweed, as Commissioner of the Board of Public Works, or a3 an officer of the city government, nor by Richard B, Connolly, as Comptroller of tho city or New York and an oMicer of the city goverament, Nor by this defendant, as Mayor or member of the city government, but as ministerial agents and specially denominated agents of the Legislature: to carry into effect certain requirements of law specially committed to their hands; and this defendaut avers that since his term of office began on the Ist day of January, 1871, or siuce the month of April, 1870, when he appointed heads of departments of the city fererarsea there has not been, to his knowledge, information or belief, any suspicious, unjust, illegal, extortionate or extravagant claim or <lebt or de- mand against the oity government paid from the treasury, nor any debt not first duly vouched for by approbriate departments or ordered by due pro- cess of law. And this defendant further avers that for causes not now pertinent to state, as he is ad- vised vy counsel, a necessity for large expenditures of money for improvements has been by the extra- ordinary developments of the prosperity of tue city of New York and care for its future, thrown upon thecompretension of one year, aud impossible to ve made as gradual as expenditures for tmprove- ments have been made in the past history of tulsa city. And this defendant, denying any connection with any conspiracy or combination, a8 cuarged upon him by the piaintiff in his complaint, avers that Justead of such combination the platnti? has mali. cioasly conspired with many other persons to seize upon this critical year in the development of the city’s prosperity and of the extraordinary demand upon Lis Quances to bring this action, and apply for the remedy therein demauded, in order to embar- rays (he cily government in it operations and the development of its credit. Wherefore, this defendant demands judgment against the plaintid’s capacity to bring thts action, and for disuilssal of the complaint tn respect t cause of action also, and for all goneral aud equic tablo relief, A. OAKEY HALL, Sworn to before me this llth day of September, A.U. 1871, CilanLes W. LAWRENCE, Notary Public. AFFIDAVIT OP THE COMPTROLLER. Crry AND Counry oF New York, Richard Bb, Connolly, being duly sworn, deposes and says that lie is one of the defendants in this ac- ton, abd ut the time stated in the complaint in this action was, and still ts, Comptroller of the city and cvunty of New York. And this deponent at the outset denies each and every ae of fraud, conspiracy and malieas- gace in office set out in the complaint in this action, either by direct charge or by inucnao, futimation, Jnsinuation or otherwise. And deponent further says that he ts not now, nor Nas he at any time been, directly or tadirectly, 10 an manner connected with or interested in the New Yor! Transcript Association, the New York Printing Com- pany or the Manafacturing Stationers’ Company, or with any or either of them, or with any parties con- nected with any or either of them; that he has not been, nor 18 he interested in any mauner, direct or remote, with avy or either of them; that he has not now, nor has he had any interest, pecuniary or otherwise, in the New York Leader Association, or in tho weekly newspaper publiatiea m_ the city of New York, désignaied and nown as the New York Leader; that he hus pot, by any ald or connivance on his part, given or caused 10 be given to tne New York Printing Campa) or caused It to have @ monopoly of the printing of ‘the city and county governments, nor bas the Manufac- turing Stationers’ Company now, nor bad it, by any aid or conpivance on his part, a monopoly of all the stationery supplied to the city and county ofices. Nor has this deponent, in defiance of any provi- sion of law, acting under cover of the names of other persons, or any other manner, directly or indirectly connected himself with any association with any object or design of securing aay sun or sums irom the treasury of the city and county of New York, nor for any other purpose, uor has he obtained through auy such means any sum from either of said treasuries, And deponent furth says that he has not at any time openly or secretly associated himself with any other oficial or ouiciais or with any other persons to set the laws mentioned in the complaint or auy other laws at deflance, tu order to secure iarge pe- cunlary benefits or any other benedits at the public expense; nor has he either by or through himself or ia connection or association with other oficials, orany other person OF persons, destroyea or re- moved any barrier, check or safeguard which had at any time been erected by the Legistature in order to protect the treasury; hor has he at any time, either by or through himself or in connection with other oilicials, or any other person or persons, In the most open and dagrant manner, or in any other manner, set at defiance the law or laws mentioned in the complaint herein, or any other law; but he rs that he has endcavorea tn his oificial capacity, ording to the vestof his ability, to carry out, e: te aud perforin each, every and all the laws re- lating to the discharge of his ofictal duties, and which are sabstauttally mentioned and set out i the complaint of the plaintit herein. And this deponent further says that it ts troe that he hasiately, im connection with the Mayor of the city, designated the New York Daily Transcript andthe New York Leader oificlal journals of the city and county of New York, in connection with several other newspapers publishe.l in said city; but thus deponent had not then, nor has he now, any in- formation or knowle other than is contained in the bill Of complaint hitretn, that the said Mayor or aay Other city or county oMcial was tnterosted in tne business or profits of either of said newspapers or had any pecuniary tutercsts therein, 5 and averments contained In folios 33 to 39 inclusive in the complaint herein, avers and states as fol- lows:—That the claims thercia meutioned, accruing in 1869 and 1870, 80 accrued prior to the passage of the acts making provision for the government of tho city and county of New York, and constituting chapters 382 and 383 of the Laws of 1870; that sub.e- quent to the passage of these acts such claims, 80 far as they purporied to be against the county of New York, Were presented to the deponent in con- nection wih the oficers inecnlioned in section 4 Of sald Chapter 382, as Hubilities agaist the said county of New k, incurred prior to the passage of-that act; that prior to the passage of said last named act said claims had been certt- ied by the Chairman of the proper committee of the Board ot Sapervisors of sald county, as liabilities against such connty; that said claims were fur the reiaved; that the same having beeu so as aforesaid certified became, as this deponeut was thea advised and veueved, and now believes, ixed liabilities against the sald county, and it thereupon became the duty of this deponent and satd other oftivera to audit and pay the sad claims; that, the satd claims, 80 far as applicable to the city of New York, had, prior to the passage of suid acts, been adjusted as thereby required, and as deponent was advised and Velleved, and still believes, 1 became tre duty of this deponent, under said acts, io vey, the samo; that Inasmuch as at the passage of said acts the sums appropriated for the purposes mentioned in said claims had been applied to such purposes, It appeared to this deponeut and his legal adviser (bat the provisions of said acts relating to the payment of existiag claims end — liwblaties said ity and county could only to the surplus or excess thereof, remaluiug after the appiication of the sloresaid appro- priations, and that, therefore, the severul acts men: Uoned In said cofaplain’ tu substance pronibitiog the omcers of said city aud county from making any contract or expenditures for any objevt or pur- pose for witch a special appropriation was made Deyond the sum appropriated had no application to the claims aforesaid, inasmucu as it could not be suppoged that the Legisiature would, by the said Avis OF 1870 (chapters 382 aud 883), provide for the the payment of clatins which had already, 80 lar As they were existing legal liabilities against sald city county, been extinguished, And this deponent further says that James H. Tn- gersoll, meaioned In said portion of the complaint, Was neither the confidential agent of this deponent and Willam N. Tweed, nor oi this deponent; nor Was he in any sense or manner the agent of the de- ponent; that the ciaims presented by said Ingersoll werd made Out in the usual form, and Were so as aforesaid presented, and certified and adjusted, and were accepted and paid without any kuow- ledge, information or suspicion on the part of this depunent that the same were false, fraudulent, wregalar or exorbitant, and this doponent so like- wise avers and staves in relation to the cialis pro te by Andrew J. Garvey, and bs Keyser & Uo., ud by J. W. Sinith, And this deponens further says that the said Clatius were 80, as aforesaid, ited by tis de- Pouent, aud the sald other oiticers, in compliance With the formatities of their said severai ollices, ‘end 50 as to at, their payment, bug without a Tseameains of the mors ol said Claims, this eponent belleving, as he Was #0 a8 aiorosail ad- vised, that the certification and adjustinent thereat A8 aloresald, prior to tne passa: tho said acs of 1870, Were conclusive upon this deponent and his ’ ‘nd comayraved euld clalmus us ‘apply gala associates, i : re il Hi an i F 3 rf Se) Hy Fe Fe 5 Eg 5 & ‘o! = this deponent further tions contained in subdivision treets, formation of sewers, and the like desc! ion of work; that by guoee 897 of the 7 act of Legislature of the State, passed April 16, 1! omleers of the city are atthoriacd to 1s8ue mm foe such sums as may be necessary to pay all opeame incurred or to be imourred on account of im. provements aforesaid, aud on account of ail other work ordered to be done by contract by virtue of ordinances passed by the Mayor,faldermen and com- monalty of said oity, the expenses whereof are to be afterwards collected by assessment from the pro- perty benefited by said work or works, and by sec- jon 18 of chapter 679 of tho Laws of 1858 the corporation of said city {8 authorized to borrow, from ume to Ume, such amounts as may be required: to meet deficiencies caused by delay in collecting arears of assessments, That a3 deponent 1s advised and believes, the iast aforesatd provisions of the act of 1870 and 187k apply only to expenses incurred for the city govern- meni, a8 mentioned and provided in section 2 of chapter 653 of the Laws of 1871, and do not relate to expenses onexpeniditirss for that class of city ime rovements which are ordered by the Common auneil, and which are uluntately to be pald by assessments upon the property benelited thereoy. That the said provision in the act of 1871 is con- tained in section 101.0f chapter 574, and such seo~ tion also inakes provision for an annual eatimate by the board thereby created for the various sums of money required to deiray the expeuses of U various boards, commissions and departments the city government, the Interest on the city debe and vhe principal faliing due, and for charitavie ob- ects; and that as this deponent 1s advised and be- eves, 1 is entirely unpracticable to include in suck estimate the expenses f.r opening, paving and regue lating sireets, formation of sewers, ani the like description of work; that the extent and character of that class of improvement and work, and the probable expeuses atiending the same, cannot be wnticipated with any reasonabie degree of accuracy, nor 18 it possible for the Common Council of said city, when ordering work Oo! that Character to be done, to ake any appropriation therefor with any reasonable approximation to the amount of its coat. That although the expense of such work is pri- marily incurred and defrayed by the olty, it 1s nos an absolute expenditure on its account, but 18 relme bursed by assessment upon the property owners for benefit, and ts not, therefore, as deponent believes, an expense incurred or made by the cityin the sense Of said provisions; nor is it of the character of expense contemplated by the said provisions of said acts of 1870 and 1871, That by chapter 683 of the Laws of 1871, com: monly called the two ver cent act, the aggregate mount to be raised for the various purposes men- tloued im said act, including the expense of said city and county government, is limited to $25,000,000, aud which, reguiated as required by sald act, by the imposition of two per cent tax upon the valuation of the real and personal estate of said city and county, amounts to a littie over the sum of twenty- three millions of doilars; that, as neor as this de] nent can estimate the expenses for the year 1870 for the purposes mentioned in said paragraph 11, they excecded the sum of $5,000,000, and if that sum should be deducted from the sald sum of $23,000,000, tog: ther with the other sums first to be paid there from a3 provided by said two per cent act 6 would be tmpossibie to defray the ordinary ex- pense of the city and county governments from t surplus remaining of said lax. That this depon 1g advised and believes that the sald provisions of the sald acts of 1862 and 1853 are not repealed, this deponent has, therefore, on the certilicate of the Commissioner of Public Works, issued bonds to proviue for the performance of the work mentioned 1n said paragraph 11, and, uniess otherwise in structed by the Court, shail conuuue 80 to do. And this deponent further says that the Board of Apportionment created by section 8 of said two per cent uct have construed the said several acts in conformity with the imterpretation given them by this deponen’ as aforesaid: and, in the apportion- ment directed by sald section 3 to be made by them, have not set apart ‘or appropriated any portion of the said tax for the pany men tioned in sald section, and the said Board, in appor- toning the sald tax among the various departments and purposes of the cityand county governments, have not in any manuer considered the expenses necessarily incurred or to be incurred forthe pur- poses of opening, repairing and paving streets and tue formation of sewers and for such like desorip- tion of work, for the establishment or improvements of parks or boulevards appropriate to the proper embeilishinent of the city and necessary for the health, comfort and convenience of the citizens of the city and couniy of New York, aud that Mf (he constriction given to these lass, a3 ciaimed by the complaint, i3 sustained, works of the above chara ter must be abandoned. And this deponeat further says that in answer to the allegation contained in the twelfth subdivision of the complaint the sald two per cent act was nog proposed or adopted with auy view or purpose of adording relief against the administration of the cily or county government, us charged in said para- gcaph, but to systematize the form’ ‘of government and to charge more direct personal responsibility upon its several oficers and secare the improvement and prosperity of the city and couaty; and said act was proposed and advocated by the several city Otlicers nuiwed as defendants in said complaint, and was vioieutly denounced and opposed by those acting In sympathy with the piaintul in this actio; nd lor one wluong oller reasons that by sald ar the city officers were authorized to issue the bonds of Lg ne beyond the liuitauon of tax imposed by sald act. Ana this deponent further says, in relation to the allegation coutaiaed ta Logis ites seventeen of said coulplaint, tuat by an act of the Legisiature of the State, passed April 6, 1671, being chapter 322 of & Laws of that year, tnis deponent, as Comptroller guld city, i3 einpowered to create a public fund, to be deaominated Consolidated Stock of the city of New York, and to Issac cousolidated city stock upom Such terms and conditions as he shall determine, to pay off and cancel any bonds or stocks of said Cc! falling due in the year 1871, and also to pay amount required to be raised iu sald year for the annuul instalment on any of tie stocks of satd Citys and by Chapter 823 of the sald Laws of 1871 this de+ ponent is also authorized 10 create a fund to be de Dominated Coasolldated Stock of the county of York, and therewith to pay off and cancel any funda or stock of sald county fatling duc in sald year 1871, and also to mevt the requisitions on said county by the State for the payment of the boun' aebt In said year; that by section 10 of chapter 53! Of sald Laws of 1371, the two last named acts are continued unimpatred aud in full effect; that in ace cordance with the authority conierred by said act this deponeni has created the tunds whicli they con- template, and has determined to issue sald Consoli- dated Stock of sald city and of county, for the pur; of paylug the principal of outstanding bonds falling due in the year 1871, issued respectively by said city and county, amounting to about nine millions of dollars, and tn thus doing this depoucnt has stri conlormed to the directions contained in section of the said Two Per Cent act. And this deponent further says that if 1s not true, as stated in fangs Set 17 of said complaint, that the sald Board of Apportionment has failed to set apart 80 muca of the sum Co be raised by tax, ag afore. sated, In 1871, a3 may be necessary for the payment of the interest on bonds aud stocks of said cuy and county Which shall become due and payable from taxation; nor Is tt true that they have laued to set apart so much as may be necessary to pay the pro- portion of tue State tax to be paid by the city aud couuty of New York tu satd year. And this depo nent says that by the said acts for the consolidat.on of the debts of the city and county of New York re- spectively it 18 provitied that We Supervisors shall provide by the levy of taxes for redemption of stock issued by this deponent under said ucts aud the ayinent of the accruing interest thereon, whereby it became Unnecessary aad Luproper lor this depo neni Or the Mayor Ot sala city or auy other persons other than the sald Board of Supervisors to make any provision for the paymentof the sald sum of avout mine millions of dollars of city and county debts faliing due in 1971. Aid this deponent further says that by section 7 of chapter 382 of the Lawa of i370, and by section 6 of chapter 833 of the lawa of that year, thls dey Ponent is authorized to borrow upon tho credit of tho said city and county respectively, in anticipa- tion of their respective revenues, such sums as may be necessary to meet expenditures under the appro. priauons for each current year; and in pursuance of the power thas conferred this deporent, in conjunc tion with the sald Mayor, prior Wo the 3ist day of July, 1871, did issue bonus of sald city and county in anucipation of the revenues for the current year and\borrow money thereupom as stated at folio 64 of said compiaint, and none of sald bonds are made payavle later than the month of January, 1872. Aud this deponent further says that tis deponent and tne said Mayor bave also during the present. year and prior to the Sist day of July last, under. the authority of the sald acts lor the consolidation of the said debts of tne city and county of New York, issued Consolidated stock of the county and city Tespectively, to Ule amount stated at folio 9% Of sald complaint; and that the amount realized from said stock was paid by this deponent into tne Weasuries of tne city and county respectively; and 1t is true that a portion of the avails of sald city and county etcck has been applied Otherwise than im redceming the outstanding indebtedness of the city aud county, for which purpose said stock was issued; and this was 60 done for the reason thak such mdebiedness had noy fully matured, and such, use Of the land aforesaxi tended to the advantaga of said city and county by reducing accruing inter. est, ‘That the portion of said funds ew applied waa paid towards the indebtedness accruing for tie objects mentioned at folios 64 and 6) of said complaint; that the sins there appearing to have been Capended for Wue several purposes there siated Have been paid ow ofthe aforesaid moucys, amounting (oO $7,300,000, mentioned at folio 6d of satd compliant, and that each of the sums mentioned at follos 64 and 65 of sald com plait are €ach aucuorized to be expended for the respective objects there stated, by vations acta Of the Legisiature of this State, passed prior to the year and in the year 1571, aud it Was deemed advis. ble by this depouent, instead of issuing new bonas as by Jaw authorized for the payment of tho sal Several Buns MmcHUOned Al sald folios 6 a 65, wud With @ view of saving interest to the city, LO Appropriate the money in tie wreasury re ceived from Lue sald consoildaved dept stock, tale Geponent &\ the tine Intendivg to repiace the ‘sane from. avails Of bonds to be issued by him lor tne Ql jontioued at said folios o4 and 66, ‘Vals dewonemt furti Or qATS thay Le bas aes 5