The New York Herald Newspaper, September 16, 1871, Page 3

TUR GREAT INJUNCTION CASE. ‘Brilliant Legal Tournament and Its Results. Heavy Firing from the Orato- vical Batteries. The Charges Against the City Officials Earnestly Proclaimed. How the Municipal Affairs Have Been Regulated. The Two Per Cent Tax and Its Mysterious Surroundings. ARGUMENT OF EX-JUDGE BARRETT. A Crowded Court and the Popu- lar Feeling Expressed. The Excitement Toward the Finish. Judge Barnard’s Decision Adverse to the City Officers. THE INJUNCTION MADE PERWANENT. ‘The deed is done—a feat has o¢en accomplished, By the decision of Judge Barnard delivered yester- day afternoon the anxlety and apprenensions of thousands have been removed, The uncertainty as to what the judgment of the Court would be caused the result of the arguments of the counsel engaged to be looked forward to with an interest perhaps un- paralleled in the history of municipal controversies, It Was not until the aicernoon that the court room became so densely crowded, for it was quickly cir- culated that the case was drawing to a close. Every available spot was occupied, and on the face of the Quditors the most earnest attention was displayed. During the address of ex-Judge Berrett, on behalf of the plaintiff’, tokens of marked ap- proval were given as showing the senti- ment which prevailed, But it was not until the arguments had ceased not, until the Judge had commenced to render his decision, that the assem- blage became intensely absorbed. The final judg- ment awakened unqualified approbation, not un- mingled with surprise. At the opening of the Court in the morning Mr. Bartlett commenced his address on behalf of the defendant, William M. Tweed, stating that he would be perfectly safe in presenting the affidavits alone, Without any argument at all; but he would never- theless advert to the charges of malfeasance brought torward by the plaintig. His client had performed all his duties in a legal manner. Mr. Bartiett con- tinued :—My friends on the other side say that we have not apportioned any sum for the payment of debts due this year, and I would ask my friends if that is not what they say? Mr. STRAWAN—We say that you have not appor- toned any sum out of the sum raised on taxes to Pay the debts due this year, and the Mayor and Comptrolier say they have apportioned $9,000,000 for this purpose, Mr. BEacH—My client, the Comptroller, says no such thing. The gentleman is mistaken, Mr, BagTLETT, resuming—It does not seem to make much difference whether the charges are un- Qerstood or not; it amounts to the same. It 1s not that claims have been paid, but that claims have hot been paid, that has caused the sult to be brought. ( do think if Mr. Foley's claim and Ms, James O'Brien’s claim had beéa paid this sult would hot have been brought. I have nothing to say against the justice of either of these claims. I think Mr, O?Brien’s 18 & just one, and J think Mr, Foley ought to have recelvea the costs of his contest- Ing the seat in the Board of Supervisors. But bol of them are hot-headed men, and it would have veen better for Mr. Foley to make @ contract with fn ice company to farnisn him with ice to keep his head cool. The whole proceeding is invalid in this Court, It is a case of nobody against us, and has no legai standing __here, In the complaint they have inserted certain laws which May be very interesting, especially from the fact of most of them bemg repealed. Again they have inserted the phrase, “best interests of the city.” Now what has been done with the other in- terests of the city—the middling interests, and the better interests, and the good interests? Huw have they been dealt with? Why, it 1s ridiculous to ask that an injunction issue restraining from acting against the “‘best interests of the city.” Yesterday blaintif’s counsel said we could pass over the first ten counts of the complaint, and that there was nothing specific until we came to the eleventh, and I think, on further consideration, that they will want to withdraw the whole complaint, But there are some things in it that I do not want to pass over, and which will be looked at closely hereafter, There are grave charges in it which my friends are not Prepared to stand by—charges aguinst my client, William M. Tweed, and he 1s not a man who will Bllow such to go unchallenged. There is another branch of this Court called the Oyer and ‘Terminer, in which my friends may have to plead for their Client, for there is a law regulating this sort of com- plaint, and that is the law against perjury. 1 now tell Mr, Foley and those that stand benind him that William M. Tweed is not the man to allow such base slanders to pass unpunished, Regarding the Two Per Cent law, if this injunc- tion should issne because of that law, then it would be the duty of the Governor of this State to call an extra session of the Legislature to repeal this law and remove the clogs from the wheels of the city government. Counsel tnen proceeded to charac. terize the proceedings as a Catallue conspiracy with- out a leader; and, after dilating at some length upon the mouves which influenced its action and paying @ high tribute to nis client, who had offered a com- plete denial to the charges, concluded by stating that inasmuch as the Judges of the Court had given Mr. Foley his seat in the Board of Supervisors be- cause his claim was just they would vacate the in- Junction because 1t could notin justice be sustained. BX-JUDGE BARRETT’S ADDRESS, Ex-Judge BaRRETr then rose to close the argu ment on behalf of the plaintif. He said:—In closing this discussion I propose to treat the case solely on Its legal aspect and to speak simply as a lawyer Addressing the Vourt. I could not if I would rival the rhetorical spiendors of my learned friends—and beautiful they were indeed, sir, for they cover their clients with flowers of their rhetoric, and 1 honor them for it; for what custom is more beautiful than that of Che decoration of the grave? (Laughter and Applause.) If Your Honor 1s quite convinced that the deieadent represented by the gentleman who last addressed you is the legal and lineal successor of Washington, Jefferson aad Jackson—I am sure if that fact nay not effect upon the law of the case it will have no effect upon me or my client, (Laughter) In the platotid’s position a calm ana temperate speech is’ due, not only to the dignity of ‘the Court and to the {ustice of his case, but fo the MAJESTY OF THE LAW. Ts are neither I would state, moreover, that the pla conspirators nor partisans, a3, by a trange erver- I think, most good, honest citizens, sion or inversion of tos, Las bee! They are triotic heartin this Union 1s on audaciously asserted. oa Aad and heir side, and if the vox poz be indeed the vox Dei, then is my client encouraged ana conntenanced, not only by the blexsings of u great hope, but by the smile of Heaven, ict me proceed #t once to prove my case, and prove it so plainly and 80 clearly and so unerringly that 1 do not helleve the mind @xists which cannot sew the rights of shia Injuncton, Ney ft is asserted tuag the first ee ERR ee eR me MMS ME rN Se NEW YORK HERALD, SATURDAY, SEPTEMBER 16, 1871—TRIPLE SHEET. paragraphs and sections of the plaintiffs’ com- Pau are irrelevant and are not specific. Before wing the absolute adi ion of the part of the defendants, he woul potnt out the necessity of those sections im the Complaint. His learned friend, Mr. O'Gorman, spoke of the construction to be put on the Two Per Cent act, Duarris, an admitted authority, says an act is to be jaterpreted by the context, the necessity and the mischief to be guarded against. Has the Two Per Cent act no meaning, and have they un- limited power to raise and spend money outside it? I will proceed to show you that they have not, ‘The first Sen spatione vid you the miscluef to be Tremedjed—the paymen' eRAUDULENT oLams Against the city—and the Two Per Cent act comes in to prevent the expenditure of one dollar outside it, ‘The truth or untruth of the ailegations on these sec- giving that Two Per Cent act, so far as the relevancy of these sec- tions 1s concerned. 1 now proceed to prove the allegauious. The Board of Supervisors, in their answer, admit every fact alleged against them ex- cept that they mtend to issue further bonds, In each case he should corey Tea the papers, alee which argument would uscless. (Judge Barrett accordingly read the Supervisors’ answer and con- tinued.) Now, His Honor would see that there was not a word of denial of any portion of the first ten aragraphs. They even ask the Court to give the tit prays, Did ic become the upervisors to be wiser than their masters? What right had the Mayor, the Comp- troller and the Board of Public Works to come in and ask for @ different relicf irom what their Masters asked? These men had thought tha: they were wiser than the people and the Legislature, now that they were superior to their masters, {ay plause,) Next, the Mayor and Commoualty admit the allegations by their DEMURRER, The city and county admits what we say, but the individual defendants try to deny it, and do 80 by conretitee themselves; and in 80 doing make a Most shameless confession of guilt, The defendant Hall, alawyer, must have known the relevancy 0! the first ten sections and their effect on giving a con- struction to the Two Per Ceut act. In his answer he refers to these very charges in these sections; he says “he is advieed they are Irrelevant, and, on that acconnt only, omits to controvert them.” as terrl- bie a charge as ever was made, and the hignest of- ficer of the city, when brought to court to answer them, asluclds himself un der the advice counsel, and “omits to controvert them, Relevant or irrelevant, he ought to have contradicted them if he dared. “I won't controvert them,’? What a position for the chef public officer of the city! But I have shown you that they were relevant to the issue, They are SPECIFIC, RELEVANT AND ADMITTED. It seems that Mayor Hall can, when he choose: guard the public treasury; that notwithstanding al. nis other Font eee ag eg and official, he can guard the treasury aga! Mr. Foley. The trouble was bjs claim was honest. When men came there With honest claims, who would not increase their billa at the beck of an oflicial, we did not hear of tlua duty being ministerial, But when Keyser’s and Garvey’s claims came tn, then it was @ mere minis- terial act. Mayor Hall admits that he signed six millions and upwards of claims, but he was doing a ministerial act; that they were fraudulent, but he had to sign them, They might as well put a stamp- ing mMaciiine in the Mayor's oMice. (Laugnter.) 4 DENIAL, Mr. O'Gorman here promptly denied that the Mayor had made any admissions to those cuarges, but, considering those allegations as to the past Ir- revelant to an application Tor an imjunction, he did not feel calied upon to answer them as to the present issue, Mr. BaRreTr—I don’t accuse my learned friend of being the counsel who advised him not to answer them. (Laughter and applause.) Were not they cofpelled to ascertain, in the words of the act of 1870, “the amounts found to be due’? belore they paid them? What did the act mean but to obtain a fresh auditing board? But the Mayor resorts to the stamping macnine. (Laughter.) Counsel then read the act, and claimed that the words “audit and pay,” and “which shail be found due,’ clearly showed that the intention of the act was that there shouid be another examination of these claims; that it Was not enough to vresent the appro of the Supervisors and auditor, or of the chairman of A NAMELESS BOARD, Yet the Mayor pleaded bro: that this was his quty and his course, Could it be that the Mayor ‘was bound to pay a claim he knew to be fraudulent ? (He cited from Judge Barnard’s own opinion tn the case of the People ex rel. Green va, Wood, where the doctrine ts laid down that it is nis duty to satis- fy himself the claim 18 just and right, during which applause twice broke out.) ‘This was before tne charter of 1870, which enjoins more strongly on the Mayor his duties. He pignatred in that law to be “vigilant.” With that injunction staring him in the face, and the higher duty of an honorabie man, he came into the Court with this paltry plea that his duties were nothing more than those of a stamping machine. Now, it was charged and admitted tnat in these six millions were included these fraudulent claims. Not only were they to be audited by this board, but this rd issued these bonds, thus in- volving (wo signatures of the Mayor. But he says he has paid uo suspicious clatms since April, 1870; but ail these claims have been paid since 1870. His Plea that he has signed THIRTY-NINE THOUSAND WARRANTS iseven more paltry, It is an insult to the common sense of the community, We all know what the chief part of these warrants are—routine warrants for salaries and laborers’ pay, coming mm in piles at regular days, and so Sh dary that they do not need that examination which these other warrants re- quire. T hese warrants were for large amounts, came in at different times and when there was time jor exumination. Me might a8 weil say that his profes- sional, et aud literary occupauons deprived hum of fe to i hes to the Wt oe the city, erhaps it would have heen as well for the city bad he provormiiet Nabe oaee ofbupaHlons, the Mayor denied any interest In the Leader or the other cor- porations, He would not charge him, as his cilent had been charged, with perjury. Nay, further, he (counsel) believed he had not derived any personal pecuniary benefit from the City Treasury, and so belteviug he said it as a duty. THE DEVENDANT CONNOLLY comes next in order. fe interposes no answer, but chooses to come here by an auldavit, wich is tie boldest and least tricky document before the Court, li proves tie falsity of the answer of the defendant Hall, The duty of the Board of Apporuonment ts to ascertain the amount to be raised by taxation; out of that to provide payment of interest on stocks and bonds payable by taxation and apportion the same among the diferent departments, ‘That 1s what they are directed to do, and when we want to find out whatthey did they answer us as they answer the fg “It is none of your bual- ness,’? and they bring 0310 a garbled extract of their minutes, which does not treat, as one would expect, of what they did as to taxes, but not a word is there about taxation. So irom meeting to meet- yhg, and itis all BONDS, BONDS, BONDS, All they have done is to issue fresh bonds for fresh purposes, to the amount of $20,000,000. Mr. Tweed, in his majesty, merely condescends to copy the section of the act pointing out his duties, and says he has done that; wnich Mr. Connolly says they did not do. ‘weed says that they have doue what the law required before the tnjunction—pro- vided for payment of interest on bonds and stocks arate by taxation. Now, Connolly says that in ‘he apportionment made they did not set apart any portion of the tax for such purposes. INTBRESTING, Mr. BARTLETT—This argument reminds me of a text in Scripture—From him that hath not, even that which he hath shall be taken.” If no appro- priation was made did they want the Bo: wo meet and divide it? Mr. Beach—Your Honor, counsel, on readinj from the affidavit of my cllent, has grossly garb and grossly misconstrued aud misinterpreted It J ask him not to stop at a comma, but to read on. Mr. BARREIT—When the gentlemen have all been heard over again I will goon, Idid pot inverrupt when they were speaking. Mr. Beaca—Counsel must hear an inverruption when he makes mistakes, and stops ata comma in a paragr ph, Let him read the whole. ir, BARRETT—I did not stop at a comma. I was trying togeton, (Laughter.) I will do anything you please but read history, (Laughter.) Mr. BEacu—I hope this won’t be met by a jest. Mr. Barnetr—I have done very little o1 jesting here, These matters are too serions for Jesting. If alluded to jests I might say something ‘nov agree- able to the other side. Mr. BEACH—I hope you do not allude to me? Mr. BARRETI—I have nothing to say to you, ex- cept that you made a very good 8 on our. side esterday, (Laughter.) ley have succeeded in so uoroughly confusing my little iaeas that I the Court, ag the recess hour has arrived, to take a recess. Jupae—Very well, Iam very much obliged to yo and we will take the recess. Taugaten)? pin THE FIRE RENEWED, Mr. BARRETT on resumiog bis argument after the recess, said:— Now that I have recovered from the nerv consequent on the attacks of my. learned. in Hents, { will conunue the reading of this affidavit, and again garble it by reading the whole of it. Hay. ing finished hig reading lie said thatit did not show that anything had been done in accordance with the act. It says nothing about tne rincipal due thus far of the public debt. The defendames could have produced the minutes of the Board, out they did not do 80, aud only Mr. Corson comes forward and makes affidavit of certain Parts of the minutes, Mr, O'GORMAN—He makes aMdavit of all the potnts in the minutes that were relevant to this sul Mr. BARRETT—They fal: back again on the of counsel, and give only what counsel's opie thinks were relevant to the case. Suppose any counsel or judge took up the amdavit without knowing angthing in the Would not it occur to any one that it Was meant for full and complete minutes? It would be supposed that it was the entire report of the minutes, THE MINUTES OF THE BOARD. The Corporation Counsel says that it was his opin- jon that Mr, Corson need not give any turtner ex. tracts than he has done, because nothing else in the minutes was relevant. And yet in his iment he has dwelt more particularly on the subject of the duties of the Board of Apportionment than on any- thing else, He has spoken almost entirely ona question which he said has no relevancy in this pro ceeding. On the th of September they for the first ume wake up to the idea that they have any duties to perform other than to issue bonds. And'on that day they do in part the duty orderea by the law to be done within twenty days after the ist day of May, They merely imposed the two per cent tax, They aid nothing nut raise two per cent on the valuation amounting to $22,300,000. This they ought to have done twenty days after their organization. The de fendant gays they Rave doue that, aud he says Mt was done weeks before this action was com- menced, He says that the action contemplated by sub-division 1 of the complaint has been , and weeks before the cause commen: done according to law. Here 1s the aMidavit of Con- lly, Saying that it can’t be done and wasn't done, lere we have the afidavit of Tweed, saying that this has been done two days before the granting of the injunction. 1 ought not to leave the subject Without stating that there were three occasions on which one member of that Board attempted to stop this issue of bonas. At the meeting of the Board a resolution was offered by the President of the De- partment of Parks in reference to the issue of six Millions of bonds, which was adopted, A demand made to levy a tax of three per cent upon THB TWENTY-THREE MILLIONS of taxation, The matter gave the Board some trouble. it was thought a matter worthy of grave consideration. The question was laid before the Corporation Counsel. He gave an opinion favora- ble to the levying of the three per cent tax. When that matter came before the Board I find that in place of adopting the opinion of the learned Cor- poration Counsel the President of the Department Of Parks desired that the question of right should be laid before other counsel. into effect, and we find that $600,000 was saved to the people by that act. When the Board again con- sulted the advice of the aduitional counsel he sug- gested that grave doubts existed as to the authority Of the Board to carry out the proposed object. Mr, O’GorMar—It is ht to staie that having given my own opinion I suggested that as the Matter was very grave the opinion of additional counsel should be obtained, Mr, BARRETT—I am sure I am very glad to hear it, and Ido not say that in any satirical sense what- ever. On the 8th of September, the day before the injunctiOn was uted, the Board met again and the question of issuing $450,000 additional bonds id I again find on this occasion the d by the President of the Lepart- ent of Parks that the whole matter be laid upon he table. The resolution was . 80 that on these three occasions I find that some check was given to the action of the Board ot Apportionment, and certainly large sums were saved to the public by that action. Somuch for the. Board of Apportionment, and so much for the aMdavits in answer. Before 1 pass to the legal questions let me say one word of the violent atvack Made on the pleading in behalf of the plain- tiff. The pleading alleged that an enormous amount of debt had accrued against the city, Hall’s_afflda- vit referred to that as a meapereneneicn. but Ido Dot believe that our facts ana figures were corrobo- rated, There has been no attempt to answer them, To place of answering them we have had the com- plaint criticised. We have been informed with r gard to the views of counsel as to the personal theo- peaime grammatical ideas, the educational notions, the historical reminiscences of learned counsel, but we have not been met by a a answer as to our facts and figures. The counsei for Mr. Connolly says the debt fs frightful, but that the taxpayers are paluy and ‘grovelling for disput- ing his enormous: and superb debt, He has called atcention to the beauty of our parks— Of this Court House. (Loud langhter,) But he has not called our attention to the gorgeous private palaces, the rich equipages, the private gardens, the gems and the jeweiry which are the product of this Magnificent debt. We are told this is 4 HOMOGENEOUS AND PRRFRCT GOVERNMENT. ‘The Mayor has assured us that he can remove any ublic oMicer with whose course he is dissatisfied. le has told us so in his message. But neither the Mayor of this city nor the Governor of this State can Temove a single head of department. They are powerless to do it by this very per fect theory of homogeneous government, Hall’s ajilidavit says, “For causes not now pertinent to state, a necessity for large expen- ditures for improvements has, by the extraordinary development of the city and care for its future, ren- dered It necessary to Make vast expenditures within the comprehension of one year.” I should like to know what this means? ‘There 1s not a single state- mené in our complaint as contused as this statement in Hall’s answer. Now let me examine the answer of the defendant Tweed, Mr. BARTLETT—Mr, Tweed has no answer; only an aMdavit, Ex-Judge BaRReTt—In his affidavit Tweed denies no charge of individual impropriety, His denial is drawn With extraordivary skill. He denies all sug- gestions of confederation. He denies all sugges- tions of aring. But that any one ot these defend. ants did wrong on his own hook is not denied, (he ee The facts which ought to have been lenied are not denied. dur. BEACH—f call upon the counsel tu cite a single case of the kind, Mr. BARTLETT—I repeat the Invitation on behalf of Mr. Tweed. Ex-Judge BARRETT—I claim that they have not depied what they consider to be impertinent and irrelevant under advice of counsel. They have only denied what tney considered to be pertinent and relevant # the case. An affidavit cannot be read on nobody's belialf, and Mr, O'Gorman denies that he read on betialf of the Mayor, while Mr. ‘Tweed’s counsel declared that he would not read it on behalf of Mr, Tweed. J will refer to the statute to which Mr. Bartlett referred this morning— namely, “That an injunction to suspend the ordinary business of the Corporation shall not be pes ggg except by the Judge upon a notice of eight lays to the proper officers of the Corporation,” Your Honor has granted no injunctton to suspend tue business of the Corporation, unless the issuing ol bonds ad libitum, and, perhaps, robbing the public, 1s part of the business of the Corporation. Mr, O'GoRMAN—We claim the legal and ordinary business 1s stopped by this injunction, and for the reasons I have laid before the Court. Ex-Julge BARRETT—They claim that it has stopped the payment of traudulent claims and the issuing of bonds in violation of law, unless they are Willing to take the position that the issuing of bonds frauduleatly and in violation of law 13 part of the general business of the Uorporation. Then this statute don’t apply. , Q'GoRMAN—We deny that it is in any way illegal. i Ex-Judge BaRRETT—I am coming to that until the Court shall determine that Tam wrong, and when we find what is at the bottom of the case it Is quite ume to deal with the top of it, On the faco of the case it must be apparent that the ordinary business is not stopped. Their objection cones too late. It cannot now be taken as aa objection that there Was no Jurisdiction. 1¢ seems a monstrous propost- tion that the detendants would not subject them- Selves-to the jurisdiction of the Court. I argue, moreover, that the Board of Superyjsors, A rotiect ing themselves to the jurisdiction of this Court and in praying the Coust to grant us, if we deserve it, the protection we desire, acknowleage our right to bring this suit. And if we are rectus in curid with regard to the Board of Supervisors we are recius in curid with regard to their servants, Mr. Beacu—I deny the servitude. Ex-Judge BARRETT—I shall prove that the rule of equity stares them in the face and impliedly draws into the jurisdiction every person necessary to aiford the relief that is desired. Itis too old and too familiar a principle that enables you to bring in all the persons relating to the relief you grant. Any resident taxpayer 1s considered @ co-trustee by law, with the Mayor and Commun Council, and any citi- zen, a8 & cesiui qui trust, can bring suit against these trustees, Isay the cestut qui trust acquires right apart from the trusteeship. Tho trust is cre- ated apart from the persons who constitute tae trust, and the cestui qui trust has his rights under the trust deed, whether the Supreme Court changes ‘the trustee or not. So much for the question of the rignt of the plaintiff to bring this suit. I consider it perfectly di 1 Of, And now for the Two Per Cent act. Your Honor should understand— Judge BARNARD—I have arrived at @ conclusion with regard to that act. Ex-Jodge BaRRBTT—May I ask what that con- clusion 18 Judge BaRNARD—I accept your interpretation of it, except with to two points, Ex-Judge BARRETT—W hat are they? Judge B. ‘Parks and Docks, ¢ BaRNARD— At this a black frown of consternation settled on the faces of all the opposing counsel. Judge Barrett scarcely seemed to realize the value of this conces- sion, but it reduced his opponents to a dismal con- dition of profound melancholy at once. Judge BARRETT then went on to prove that there ought to be neasly 613,000,000 in the Treasury, and that this sam was suficient to meet the current ex- penses of the city, so that the Mnal plea of the de- fendants, that tne injunction would lock the ma- chinery of the government, was altogether without foundation—a@ conclusion which provoked much laughter. Counsel contended that the city’s creait ‘was being impaired by the issue of illegal bonds and by the expenditure of extortionate sums, not only dmnpaleing she city’s credit, but making its credit a byword i the mouths of the foreign world, it was A MONSTROUS PROPOSITION to advance that the granting of an injunction in this case would impair the city’s credit. It was a complete {nverston of the positions of platntif and defendants in this suit. I am here to uphold the city’s credit, The learned counsel concluded a brilliant address by saying that at length the clouds were lifting, The people begin to see the sun at last—that glorious sun lighting up truth. What power can resist its force? It penetrates the darkest recesses ond lays bare the corrupt and slimyplaces and reveals the loathsomeness therein. (Applause.) JUDGE BARNARD’3 D&Cision, Amid breathless silence Judge Barnard proceeaed vo render his decision. He said:—I am of opinion in this case that the plaintif® ts @ trustee by the people and has arightto maintain this action. In Tegard to the point that was raised by the counsel tor one of the defendants that the Two Per Cent act ‘was unconstitutional I should not, sitsing at Cham- bers on a motion of this kind, declare the act to be 80, unless it Was very Clear that such was the fact, Anhave not such clearness in this case at present, and I should not like to take any responsibility, pre- ferring it should be heard in @ more mature and careful way at General Term. The plaintiff having @ clear case to sue, brings the action against four defendants, officers of the city government, asking, among other things, that the Supervisors be enjoined from raising taxes in 1871 until Certain things have been done. Sec- ond, that the defendants be ordered to meet asa board of audit and do certain things. Third, that the Board of Supervisors be restrained from doing anything until the Board of Apportionment have made appropriations. Fourth, that the Mayor, Al- dermen aud Commonalty be restrained from incur- ring any expenses unless the sums shall have been set apart, Fifth, that the Comptroller of New York be restrained from paying any claims or money in any case, and especially any debts or bills of the ew York Transcript Association, the New York Stationery Company, tne New York Leader, or any of them. Sixth, that the defendant Connolly be restrained from pay- ing any money on behalf of the county, The complainant also charges a conspiracy on the Part of three of the defendants, by compunction, col- lusion and fraud, to obtain payment of dishonest claims on the city and county treasury, and that they did other acts of wrong and fraud, That alle- gation is made on information and belief. The three defendants deny it. The deiendant Tweed denies that there ts any truth in the allegation. The Comptroller denies in the same way. Mayor Hall denies in language equally strong. The amount of belief to be attached to the statements as made against the defendant Hall can be weighed by the statement of counsel for the peo- ple who last addressed the Court, that he did not believe that defendant was personally interested in any of the companies named in the charge against him. Then comes on the point of law to be borne in mind that where an allogation is made on infor- Mation and belief on one side and is positively de- nied on the other, it is to be taken in favor of the person denying, unless other circumstances throw discredit on the man making that positive denial. ‘The three defendants are also charged with having RUN THE CITY IN DEBT, and having incurred vast liabilities, corrupt claims and demands against them in excess of the legal and proper amounts made by the Legislature. Their answer to that was that the Two Per Cent law did not repeal all the laws previously existing for the Purpose of raising a revenue in this county, In that I differ from them, that the Two Per Cent act re- pealed all the laws except the laws that gave those parties the power to raise bonds, That was given to the Department of Docks and the Department of Parks, Therefore the expenditures they may have made will not be taken into the two percent. if the expenditures made are over and above the amount realized therefrom it would be a proper case for an injunction. The Departments of Docks and Parks have a rignt to issue bonds whenever in their judgment it may be necessary for the purpose of carrying on the proper duties entrusted to them by law. No suspicion of fraud, as far as I can find ont, has ever been raised against them, or from @ny statement that the Court can take Judicial Koowledge of. There is another allegation in the complaint that large claims, amounting to several millions of dollars, have been paid to PERSONS WHO HAD NO EXISTENCE, had no legal demand or claim against the city or any rightto recover, That allegation in the com- plaint has not been denied, as I understand, by any one of the answers, Mr. BARRETI—Yes, sir; that is so. Mr. BEACH—I do not wish to be understood as as- senting to the answer of the other counsel. Judge BARNARD—My recollection of the minutes is that no such denial was made, Mr. BEacH—I may be permitted to say to Your Honor that the knowledge of the fraudulent cha+ racter of the claims was denied by each and all the defendants. In my argument yesterday I had the honor to submit such denial to the Court. Judge Bannarp—Before the preliminary injunc- tion was granted in this case it became nec essary to inquire whether under the words “Expenses of the city and county government” it was the inten- Mon to stop all works on the public parks, the docks, the streets, &c., and I sald as I now shall Tule to-day, that the parks, docks, charities, police, Croton water, gas works, Board of Education and salaries are noi included in this in- junction, The sums to pay the salaries of the employés of these departments are supposed to have been raised by the Treasury, and if paid away wrongfully they are, a3 a matter of course, respon- sible, and must see that the proper persons receive their pay. That brings me to the last allegation, It Is charged against the defendants, the Mayor and Comptroller, that they paid DISHONEST CLAIMS, knowing them to be such. The Comptroller, the City’s financial officer, is entrasted with the audit- ing and paying of almost all bills, and even after the rendition of judgment he still had the Power to appeal to the court of final appeal, and has paramount and supreme power, and itis on him More thau all the other officers together that the People relv for the prevention of frauds. It is not possible to perpetrate fraud or take a dollar from ‘Ye Treasury if he sees the bills coming into his omice are properly anAited. It 1s no excuse to say that his subordinates may deceive nim. It is possi- ble for them to do so, but it is @ crime If it be done. In paying these various claims—some of them of AN ATROCIOUS AND OUTRAGEOUS CHARACTER— bearing on the face of them the appearance of being little better than highway robbery, it was his busi- ness to have examined carefully the vouchers and satisfied himself that tne charges were correct and the services performed, and if he fails in that he fails in his duty to himself ahd to the citizens, and was gality of the commission of ao crime or of a criminal act of negligence. With regard to the duties of the Mayor, he says his duties are merely mechanical, and tnat he signs warrants as presented by the Comptroller, and although that may have been the practice, and I presume it has been for years, to sign checks with- out looking, and I have myself signed checks for millions without knowing they were correct, ag Commissioner of the Sinking Fund, relying entirely upon the statement of Mr. Hawes that they were Tight, yet the community expect, or at least hope, that whenever an act is required to be done by three or four persons in certifying bills, they will not rely Upon others, but will see to it themselves. He states in nis affidavit that it was impossible for him to have done that, but that in the vast i MULTIPLICITY OF BUSINESS he placed reliance entirely upon the Comptroiler, and merely carried out a custom of fifty years, and in doing that he did what everynody else had done. Sul, gentlemen, the payment of these bills by the Comptrolier under the circumstances, or the raising of bonds by the Board of Apportionment, will not justify me in saying that the papers will authorize me to find that they are entitle’ to the confidence of the Court—a confidence suMicient to justify me in permitting them to go along spending money be- longing to the city government. So long as the Board 1s constituted as it is—now having failed, in consequence of their OMISSION IF NOT COMMISSION— to secure its confidence, I am compelled to say that itis my duty to see that not another dollar is paid or bond raised until such time as there shall be some change in that Board. Applause.) It might be said that in consequence of the granting of this order the tendency will oe to disorganize the city and county government. With that I nave nothing todo, Thave nothing to do with the employment of men connected with the government or with their payments. I have A PLAIN, SIMPLE DUTY to perform—one, certainly, not pleasant to me; one which I cannot avoid, one from which I cannot shrink—and that ia when a proper case 1s presented to me for an injunction it 18 my business to grantit, It has been said in this case that there was a remedy for the parties to try the charges against the Comp- troller, 1 know of no sucn remedy, and when- ever the remedy 13 not given to pro tect the interest of the community which has been robbed it is the duty of a court of equity to interpose a remedy and prompuy execute it, (Applause.) If there had been no remedy in this case the Court would have peen Justified in resorting to any means in its power for the purpose of checking it. Unless the Court had stepped in and exercised its power of injunction to prevent the continuance of what are charged as IRREGULARITIES, INDISCRETIONS AND CRIMES, its tendency would have been to affect the credit of the city, and that ts one thing dear to tne hearts of ali—whether it 18 the old man who has been all his life accumulating property and is ready to depart into another world and is anxious to leave his of- spring an inheritance, or the middie aged man, who has all the responstbilities of life still upon him, or the little infant in the cradle—all have an interest in the city of New York and look for relief to pro- tect its credit from being impaired, (Applause.) ‘This injunction is granted, (Applause.) Mr. O'GoRMAN—Of course, sir, the order that Your Honor has made will be strictly obeyed by the Cor- poration and by ali its oMcers, But let me ask Your Honor, if I entirely understand it, upon one subdject, Is there any pvjection, as the lay appears to Y our Honor, against issuing all assessment bonds pay- able out of assessments on property for local im provements? Judge BARNARD—No, sir, That 1s not considered. That is @ loan of money which the citizens pay back again. In the setuloment of this order, Juage Barrett, if you will serve on the other side a copy of your order and Jet them serve the proposed amend- ment I will settle it some day next week, This brought the proceedings to a close, Judge Barnard’s decision having created a profound sen- sation, WHAT THE PZOPLE SAY. The Taxpayers Say the Politicians Are All Aliko— One Set as Bad as Another—An Instance of Integrity Among Our Millionnaires. Few events have created such a genuine sensation in the political line among ordinary citizens, who are not and never were politicians, as we announce- ment yesteraay afternoon that the injunction pro- hibiting the city ofictals from extending their floan- clai operations was renewed, confirmed and ren- dered permanent by the decision of Judge Barnard. Men who never manifested or even felt the slightest interest in the actions or schemes of the poll- ticlans became suddenly alive to the sensation of the hour and talked over ihe general situation with an earnestness and depth of knowledge of city affairs wholly unexpected by those who were wont to believe that such matters were entirely uncared for and unattended to by THE MERE TAXPAYING BURDEN-BEARERS of the metropolis, One of the most amusing duties that ever devolved on a HERALD reporter was thac which was assigned him yesterday evening, when he recetved his chief's order to flud out how the hitherto despised mass of resident New Yorkers bore the infliction just vicariously sustained in thelr be- half by the noble gentlemen who have so long and so generously devoted their time and their energies to the manipulacion of the city’s interests and the mobilization of its resources, The clerk of the weather himself acted as though he would like to assist in interviewing the general public, and with that object evidently before him he successfully appealed to Jupiter Pluvius to continue that gentleman’s forenoon activity and keep Up an outpouring of his liquid wrath that promised to be as permanent as Barnard’s injunction, thereby huddling the goasiping citizens into innumerable groups in the barrooms of hotels and under awning- covered street corners. It was among these groups that one of the HERALD’s chroniclers spent the greater part of the afternoon and evening, and it was from the individuais who formed them that could be gleaned the most authentic and RELIABLE REFLECTION OF PUBLIC OPINION in regard to the great injunction of the period. In this journal “the trath must be told though the heavens should fall,” and the reporter, therefore, finds himself compelled to record the fact that the general public were agreeably disappointed in the Tesult of the great legal battle of the week, One gentleman, standing in the midst of an informal, irregular and impromptu, but entirely unanimous, citizens’ association meeting, held on the up- Permost steps of the Astor House portal, was heard to declare that he “mever even da red to hope that Barnatd would go back on his old pals in that way,” also that “the whole damned machine must be clean gone to smash when a Tam- many Judge could so ar forget what he was created for as to respect public opinion to the extent of tying up the hands of his iriends and creators iu that merciless sort of way.” ‘As for ius betag mfu- enced by the law of the case,’’ he continued, “or by the arguments of couusel on either side, THAT'S ALL BOSH." And this declaration was confirmed and approved by several eXlamations of “That’s sv! Irom the cigar-puillng audience, in the porch of the main entrance to the HRRALD counting room was Collected varied crowds of umbrella-sheltered residents waiting for the arrival of the street cars that were to take them to their several homes up town, Ali were engaged in dis- cussing ihe exciting topic of the hour. “Well,” sald one waite-waistcoated gentleman, “if Connolly and the whole crowd don’t git out now beg as thick-skinned as pigs.” “I'm glad to hear you say ‘the whole crowd,’ replied a veteran storekeeper with a full gray beard and no mustache—“{’m glad you include the whole crowd; lor I belleve one is as deep in the mud as the others are in the mire. Connolly ain’t a bit worse than the rest; but I'll tell you what, there's none of ’em more to be blamed than we are that blame them uow. We never did OUR DUTY AS CITIZENS. We left our work to be done by the scum of New York, and it’s only just that we should pay for our neglect. Suppose this ringis broken up and Con- holly und the other haif dozen fellows who have been doing all this are turned out, what’s a goin’ to come of it? Why, their places will be taken by another ring bungrier and more raven- ous than ever they were, and the same old game will be gone over again. I tell you we'll never get an Louest government here nor anywhere elise until we make up our minds to attend to our plain duty as citizens, and unless we are prepared to do that I, for one, believe that we would save money by leaving the present ripg where they are." “Yourve just right, sir,” said a rain-soaked shiverer, who had walked up in the saturating shower from the neighborhood of the Battery, “IF THIS REPUBLICAN CROWD GET IN now they'll find all the machinery for fleecing the public ready-made to their hands, and every one of them will think his time thrown away unless he can make at least as big a hanl as Tweed. For my part, I'd rather let the Tammany Ring stay where they are now; because they must be salisfed by this ume and can’t want any more.” “There's no use in changing one set of politicians for another; that’s my mind,’ put in an evidently hard-working Irish store porter. ‘If some dacint gintlemin could be got to give their mind to the city’s business [I'd like to see ’um elected;.but I'm afraid that the minit they’d touch sich things at all they’d get as corrupt every bit as the others, 1 know one man now that owns millions in this city, an’ he presented a $12,000 house to a Tax Commis- sioner to reduce the taxes on his property. bhear a eat dale of talk meself about putting everything in the hands of millionaires that are already TOO RICH TO BE TIMPTED TO STAIL; bat what do you expect that man would do if be was in poe of Connolly or Tweed? As far as my knowledge and experience goes, the richer they are the more covetous they want to be. Ican’t see my way through it at all at all, and to tell you the thrath I wouldu’t bother meself about it, good or bad, only that because Dick Connolly 18 an Irishman they be puttin’ the whole disgrace of this thu down to the Irish, and we have enough of blame that don’t belong to us to bear already, God help us!’ And, having delivered this effective Little speech, the Irishman walked away and the crowd dispersed, only to give place to another, who began and ended recisely the same conversation in other terms, indeed, wherever all over the ao yo 4 of men were found by the reporter, he had to listen to just such comments as those already noted on the sub- Ject of the proceedings which have recently taken place in the City Hall, RUMORS IN THE PUBLIC OFFICES. ‘The Breach in the Ring—‘‘Boss” Tweed Said To Be Putting On His War Paint—The Effect of the Injunction—Excitemsnt and An- noyance—Connolly’s Resignation Looked For as a Certaiaty. The pitiless, pelting rain which fell with such unrelenting severity from early morn yesterday seemed to dampen the ardor and chill off the excite- ment which had prevailed around the Court House and the City Hall during the previous portion of the week, With the exception of the immediate neigh- borhood of the Supreme Court rooms there was but little evidence of life in the halls of the marble tomb of the people's millions, During the forenoon small knots of laborers, who had not helped to swell the throng on Thursday, came from ume to time to draw the pittance which qas to be given them, ard others who have been employed on repairs tn differ. ent parts of tne city called at the Comptroller's ofice and made arrangements to be paid off this morning. The chief topic of conversation and comment in all quarters was, of course, the progress of the great injunction case and its probable result and effect. None of the leaders or prominent oMicials were to be found, and the lesser lights and attachés of the public offices conversed in low tones on the ques- tions of the hour, RUMORS WERE RIFE, ag they always are in such troublous times, as to the probable and possible action of this, that or the other one. Near the foot of the stairs 1eading to the Chamberlain's office and immediately infront of the Sherif’s office was a small group of those peculiar People who are never ‘on the inside” in any place, but who “know from the very best authority” just what is going to ha) Pen, Ono of these o dashing jooklug ouap, J 8 with @ fashionable fall overcoat, handsome dfa- mond pin in his immaculate shirt front and a hat shining like o mirror, despite the dampness, en- Ttertained the others with his ideas, ‘This here thing,” he said, ‘‘# jist a mixin’ affairs up pooty well. There ain’t no use @ talkin’, now, they’re bound for to crush Connolly out, an’ I know it, But I tell you what they can’t come it on the ‘Boss,’ ” “No, indeed,” chimed in a rather solid looking individaal, interrupting the first speaker, “Boss ‘Tweed 1s solid, he can stand the gaff ali the time. He's got the people with him in spite ofall the others may say or do. Now if Tweed and O’Brien go in and work together, and I know they will, they cum knock the life out of the rest of them. Jimmy 1s GOING TO BEAT TAMMANY in Bradley's district you'll see. Bradley can’t do anything against him up there, Sweeny can’t save iim although he Is his brother-in-law, and Tweed 1s sure to be elected; so they'll hold the power ia the next Senate, and the folks here know that.’ “Well, what do you think,” asked one of thd Attaches of the County Bureau, ‘Is the injunction tobe granted? “No, don’t think Barnard can give it on the points; I ain’t a lawyer, but Lcan’t see how he cap do it.” “Well,”’ spoke up another, who had thus far been very quiet; “I think he intends to doit, I'm pretty sure he has nis decision ali ready, and all this talk by O'Gorman and Beach amounts to nothing. Con- nolly wouldn’t resign and they’re going to squelch him, That's what {t will be, you'll see,” IN THE COMPTROLLER'S OFFICE there retgned an ominous silence. County Auditor Lynes went aboat among his assistants quietly, vut looking rather down in the menth, The veteran ana venerable Kell was at his post in the pri- vate office, but was doing nothing but thinking ap- parently at a great rate. He looked somewhat fresher than he did the day before, and Pee more cheerful, but he hi hothing to say. The ce Storrs was on hand smiling as usual, but he new of no change in the status of affairs, From What little conversation that took place, however, it was evident that ‘A CHANGE WAS LOOKED FOR in the department. One of the principal clerks res marked, “ifthey get a new Comptrolier in here he will have a hard row to hoe. I would like to know who it will be?” There was no attempt made to epilghten the young man as to his chief's probable successor by any of those present, and from the general tone of those to be met with in different parts of the two buildings there seemed to be an impression that Judge Hilton wonld be tendered the place in case Connolly should resign. AT THE CITY HALL, The friends and follow of ex-Sheriif O’Brien were flying around quite lively, and all smiling uke eople Who Knew beforetand of some good news or Raa gota point on some heavy stock speculation, Jo the Mayor's office a quietude prevailed Hke that in the Comptroller's department, and but little was sald regarding the controversy going on in the other building. Among other points in circulation, and which was received With much credit, was the state- ment that BOSS TWEED HAD DRAWN OUT from the combination and intended to make a stand for himself. It was stated that, although the Board of Apportionment had been holding meetings and were Working with apparent cordianty and unan- imity, there had come @ breach, which had been gradually growing wider and deeper, between the members of the “ring,’’ until the speech of Mr. Beach bad been delivered. Then it was widened beyond repair, and Tweed had declared that they could not justly charge against hun or his depart- ment ony fraud or swindle more than could be charged against Sweeny; that Uf the lattcr was so far beyond reproach he stood on as high ground, and woula not be pushed or crowded down; that he declared the books and documents of his depart bisceld rer open and ready for inspection at any Ime, ane HE DARED ANY OF THEM, expert or no expert, to place a finger on an item and charge that 16 was fraudulent, He did not tn- tend to bags now unul the rest resigned, and only for Mayor Hall he would have resigned his position as head of the Department of Public Works a year ago. He had all the business he cared for, and would be only too glad to get rid of the weight of the departwent, but would not now be cowed or crowded, Some of his immediate followers were loud in their assertions tat he would COME ON TOP in the wrangle now going on, and one or two ot them were as bitter in their denunciation of Mayor Hall as they were of the young democracy at the election last fall. ‘There seemed to be a general dying out of the ex- citement and this created much talk in itself, ‘Did you ever see anything dying out so suddenly?” re- marked one wiseacre. “No,” replied another, and you will find it all the same way. With tins im- pression many of the attachés In the oitices left their posts at an early hour and were well out of the way when the word went out that the injunction had been made permanent, and THE DREADED DECISION was wafted like wildfire through the air, Then there was anoiher stir, and the hails which had bat a jew minutes hefore been almost deserted seemed suddenly to wari With excited mei There was consternation in the ovices of the Finance Depart- meat; the clerks and others went about with cheeks Nushed and voices hushed, speaking only in whis- pers, wondering and waiting for the evening papers to learn the full import and purport of Barnard’s decision. One of the deputies remarked, knew yesterday it would be so, There was @ gentleman in here from Albany, @ friend of Barnard, ana he used almost the very language that Barnard did. Why he almost as much as called CONNOLLY A COMMON HIGHWAYMAN, and I feel sure that that decision was all written out by Hall and lay on Barnard’s desk all day while Bartlett and Barrett were speaking. I suppose, now, the only thing is to have Connolly resign. t don’t Know what else he can do, We can’s do any- thing under the existing state of affairs, and I feel saie in saying now that CONNOLLY’ RESIGNATION IS CERTAIN, and I wouldn't be a bit surprised if it Was sent around to-night.” In the front office there was general lamentation. Deputy Comptroller Storrs rushed about looking for Belmont’s partner, who sat in one of the rooms awiaiung the result. Mr, Storrs looked much more troubled than he has looked during the entire mud- dle, but did not even then forget his affability and gentiemaniiuess, It leaked out among other things that, despite the trouble @ well-known banking house In this city, with branches all over the world almost, liad agreed to take up THE ENTIRE AMOUNT OF THE ‘‘CONSOLS,” to the extent of $15,000,000, showing thus, most une demlably, a firm faith in the tinancial prosperit, and credit of the city. The injunction being m: permanent, of course, pats an estoppel on the issue ance of ‘“consols” or any special improvement bonds, and stops, in fact, all work for which appro. priations have not aiready been made, and to mect which the money ts not now on deposit. In the oid City Hall, at the time of the decision, there were very few Officials and still fewer “loung- ers.’’ Those who were there were gloomily stient, and one of them, on retiring from the office, sighed aloud, “Oh, why did Watson go sleighriding?’ During the afternoon and evening the decision was the talk of the town. Wherever one might go, turn which way he would, only the injunction an its probable elect could be heard of. In the clubs and in the care, on the ferry- boats ana every place where two or more could be found together the per- manent opening of the siuice gate of reform was freely discussed, and the general impression seemed to be that Connolly would and sitguld resign. NOT OFF FOR EUROPE. Mr. James H. Ingersoll Attending to Business-o He Has No Intention of Leaving for Eu- rope—He Won't Be Interviewed— Who Is the “Co.” of the Firm of In. gersoll, Watson & Co.? James H. Ingersoll has been found! That gentla man, composed of flesh and bone, the same as less fortunate individuals, occupies 4 small space in this Metropolis, notwithstanding the audacious reports to the contrary, which appeared in some of the journals of tnis city, and which reports are stigma. lzed by the sald Mr, Ingersoll as tissues of unmiti- gated lies. Now, it had been rumored about certain portions of the city that Mr. Ingersoli, of the Court House furniture-supplying frm of Ingersoil, Watson & Co., had taken wing and vacated American soil for the hospitable shores of some European port. From whence this rumor emanated we are unavle to say,-and Mr. Ingersoll professes to be as ignorant on this head as ourselves. Not content with BLACKENING THE CHARACTER of the above named gentlemen in the case of the European skedaddie, the same malicious parties started the report that the “Co,” attached to the name was composed of some person or persons con- nected with the municipal government, through whose influence the contract for supplying tne County Court House with settees and ‘sich like’? was procured. With the view of ascertaining the truth in regard to both allegations, if tue reports above quoted can be named by go strong a term, @ HERALD bay was yesterday despatened to whe premises, No. 71 Bowery, where ; THE FIRM OF INGERSOLL, WATSON & CO. was supposed to be located. It was previously announced to the regorter that the individual known as James H. Ingersoll would be at his post of duty be- tween tne hours of nine and eleven yeaterday; cons sequently that margin of time was selectea for the interview. Mr. Ingersoll was found: but when approached on the question of who the ed ‘were appearing on the large on the front of the house as the “Co,” he replied that he had no infore mation to give the public on that head. He, in fact, positively refused lo converse on the subject at dile As to the rumor of HIS TRIP TO ECROPE, he was surprised tv have read such barefaced led CONTINUED vi LENTH PAGE. ..