The Sun.
London, England, 1844-12-07 00:00:00

COURT OF SEWERS.
A Court of See eis for the City and Liberty of West-
Minster, and part of the County of Middlesex, was held
Yesterday evening in the office, 1, Greek-street, Soho-
settare. T. L. Donaldson, Esq., in the chair.
After the routine business of the Court had been dis
Posed of,
The CHAIRMAN rose to bring before the Court a no-.
tice he had caused to be inserted in the paper
,for the
daY. It was to 6‘ call the attention of the Court, in order
to ascertain whether a Commissioner has the power of
withdrawing the books from the officers, or otherwise
interfering with them in the discharge of their duties ;
and to consider the regulations to be adopted in refer-
ence to this subject." There was no position so painful
on the part of a Chairman in •the whole range of his
duties, than the being obligt d, by a sense of public duty,
brieg forward matter that might appear personal to
any Hon. Commissioner ; but he must, as Chairman, be
considered the confidential adviser of the officers gene-
r2llY, and therefore always rea, y to receive any informa-
"
4"1, and to remove any obstacle to the efficient per-
fermance of :heir duties. An Hon. Commissioner, well
"Own for his indefatigable zeal, for his close attention
tO thisibusiness of the Court, and for his unwearied dili-
tance, had occupied a considerable portion of time during
the past year in making inquiries from the officers, in
order to put himself in possession of the various trans
actions of that Court. Nothing could be mo:e com-
mendable than this—showing, as it did, a more than
ordinary anxiety to make himself thoroughly acquainted
with his obligations as a Commissioner, mid with the
business of that office ; but when that Commissioner
Paid tiut too little deference to the feelings of others--
Mr:LESS...IH —You had better name me at once.
The CHAIRMAN—No. He wished to act on the broad
Principle of a desire to know the limits of an lion.
Commissioner's
power, tied what was for the future to
be. the tlative position of hinasdf, of lion. Commis-
sitlinlei and of the officers of that Court ? This Hon.
ts
l'ommissioner had examined accounts at various times—
"e lied the officers before him to examine and to cross-
"ainine. Whether this was at all within the province
(11c 'an Hon. Commissioner, and whether he was em-
rwered to do so, was a great and serious question on
ot (the Chairman's) mind. These inquiries might
arise from a desire of investigating into the truth of cer-
taia alleged facts ; but this might alio arise from a de-
sire to catch the officers tripping, and so to bring charges
Nainst them at the several sittings of the Court. But
he (the Chairman) must also add, that the Hon. Cow.-
!ais.sioner in this case, in pursuing these investigations,
bad done so in a manner neither pleas ai g nor sa,isfactory
the officers. He had examined them in a :node
harsh, offensive, and unjust, such as was not at ail con-
ti7nplatt d in the terms ot the Commission. A :port
,fte since he had occasion to hilt at some ta)ok be-
")ngirig to the clerk of the woi ks, which ae had thou-sht
Proper to take into his own eustoly, but uiti-
Mately he handed it over not to the ot
that, but to the chief of another department. Ile would
!OW read a letter horn Mr. I iawkins, the assistati,-sur-
'eYor, containing the matter which he had thought ot
411tReient importance to bring in this manner bee;re the
aotite of the Court. The Chairman then read the letter
;
Ruestion, dated the 19th of November, in which the
Writer complained that Mr. Leslie had detained a certain
Z?ok of levels, and had handed it over to Mr. Hertzlett,
principal clerk, with instruc;ions not to part with it.
The writer had asked Mr. Le.die fur the book,. but that
-non. Commissioner would not return it unless he
(sir. Hawkins) would guarantee that no alterations or
erasures would be permitted on it Under these cir-
cumstances, he had felt it his duty to communicate with
Lk
"L) Chairman on the subject.
Air. MULLINS—That was a matter of grave impor-
tance.—(Cries of " Chair, chair," and repeated inter-
t:lPtions.) As a Court of Record, he submitted that no
hypothetical case could come under the cognisance of
rat Court. A statement bad been made of an uncalled-
Lor interference with un officer by an Honourable Com-
missioner. He wished that Hon. Commissioner's name
mentioned. It might, indeed, be inferred that Mr.
r,Leslie's-was meant ; but when a charge of such an inn-
r4tant character was made, it was but right that the
individual intended should be mentioned to the Court.
The CHAIRMAN—Oh, Mr. Leslie is the gentleman I
teat.
I Dir. LAURIE objected, on a point of order. He quite
'Peed with the Hon. Commissioner who had spoken
a t, but he would suggest that a special day be appointed
for the consideration of this subject after the Chairman
acaould have furnished his statement. Ile would, there-
proposese that the regular business of the Court go
. (No, no, no)—and then let them, at a future oppor-
tunity deal with this charge against Mr. Leslie.
The CHAIRMAN thought that if Hon. Commissioners
*ere allowed, on other occasions, to go on without inter-
ruption, the same courtesy might be conceded to him.
e_ Mr• LESLIE really would wish that the Chairman
Uotild be heard.
CANTWELL—If not too much trouble, I would
krih that letter of Mr. Hawkins read again.—(" No, no,
It hest;been read already.")
~.The CHAIRMAN—Now the question was, had gentle-
Tew is right to take away the books of certain officers,
end to transfer them to other officers? If that were to
showed where, he asked, would the inconvenience end?
•'l!-S it to be supposed that because Job was given over
e?the Almighty to be tormented by Satan, that that Court
,ii.?"lld give over their officers to be tormented by indi-
Tnal Commissioners?—(Laughter, and " Hear, hear.")
eessfficers felt an irksomeness in the discharge of their
druts ; they looked on every meeting of the Court with
drCad
because they then expected to be tortured and
put upon the rack ; and, constituted as the Commission
en was there was no hope of public business progress-
ittagt,' if some means were not adopted to prevent a con-
e. it introduction of the subject by the Hon. Commis-
tilt BARRY BALDWIN, M.P., thought it would be
-Clag more fairly towards the individual charged, if a
-a statement of facts ere made, without adding such
Itiietrations as were advanced by the Hen. Chairman.
e wits as anxious as any one to protect the officers of
tee
Court, but he did not think that the passions should
enlisted in the struggle.—(Hear, hear.)
The CHAIRMAN wished only to bring the facts of' the
11*.e in the fullest manner before them. This be would
;ilt' that if the business of the officers were impeded, as
t
iii,untllately been, the Court must go on differently from
sides.)
had done.—(Hear, he ar, and cheers from both
He meant as regarded the conduct of one Hon.
hi'm,aaissioner. The Court had hitherto maintained a
eoeintraetes—(Hear, hear)—but it would remain to
in,,,teo whether, with a continuance of these proceed-
La,_,,%-it would still maintain that high character. In-
aet'''"of having argument after argument upon a matter
uhtisladis..hy
a previous Court, yet brought forward by the
‘-;Ommissioner--
4,41:: J. .Gus-TEIL—We are entering now on another
t`vv•-•-(Hear, hear.)
t ne CHAIRMAN then concluded by leaving the matter
he hands of the Court.
I, Mi. LAURIE asked if any communication had passed
I.l°ll the subject between the Chairman and Mr. Hertz-
previous to the sitting of that Court ?
14:ftes some desultory conversation, the Chairman not
wing answered the question,
I s itt..". LESLIE said that the question put by his friend,
was a most proper one ; and, before pro-
' es-rig further, he should wish it answered. The letter
L le. HaWkins he had never beard of till that moment;
tit seemed to contain only two grounds of complaint
•te,jtie first, that he had .withdrawn the book • and the
she°'ld, that the matter might have been brought before
• o'ast Court by him, but that he had neglected to do
the It might be remembered that he wished to go on, but
he k;ourt was -adjourned by some Hon. Commissioner.
.abould, however, before going further, wish the
I The
to answer the question put to him.
e CHAIRMAN admitted that some letters had passed
,sity-een himself and Mr. Hertzlett, which he had no
Jeetion should be read to the Court.
ti.,;r4o correspondence, consisting of several letters, was
lireld* •
CHAIRMAN then referred to the regulation of the
t,itt. and argued that the book in question ought never
crated,
been out of the surveying department. He
lstf,ed, indeed, that it might, when the surveyors had
ho„,`",e premises, be kept by the chief office clerk, Mr.
htiCi.,ziett, who might be held the custodier pro tem.,
• iiterituring the hours of business the case was very
Vet t'
'71,418 • LESLIE requested that Messrs. Dowley and Haw-
the surveyors; should be called into Court.
.They were sent for.
• LESLIE then continued. He had found that they
Lete to
.44,,e Pay a sum of 2,0001., or that they were to pay
• line!ums of money generally, to the contractors'
forac-
im--%? work done. He believed that account very
perfectly, understood. He himself thought that the
dOl*-"s of the contra-A were that the contractors should
certain quantity of work at 2s. per cubic yard.
etteti, however, found that the charges for the Eastern
• western District had been little short of 10,0001,
Theo riferage depth of so-and-so, and at per foot lineal.
vter_ It occurred to him to ascertain how the depths
• taken, because they might be so taken, that on the
47'tbrand they would be very unjust to the contractor,
.14,-40, the other to the public. He had examined these
a4,1`,1; and had gone through the measurement of every
Ameerntinono furtsh...
_to 1r Le last three years ; and as far as plans and
Commisstosma—All this is quite anotiur
II: Are you guilty, or not guilty ?
hetd,,o LAURIE- The gentleman is charged, and surely
.be heard in his defence. Such a monstrous in-
. • roptton I never heard betore.
i4sll3e.sith ,•
The trigCHAIRMAN thought it too serious a matter to be
si and in fairness, Mr. Leslie was entitled to
eat* LESLIE had looked at the book of measurements,
eotkioredoked over the day-books, and had found figures
, /non b of certain depths. He had then said that there
Seiara aoate other book, and Mr. Jettkit.s br usht for-
he book, called the book of levels, and
Ilertzlettf"nd the entries all in pencil. Now Mr.
.that L__o, would perhaps have the kindness to put
before the Commissioners, and he begged that
~ht be sent down the table.—(The book a as handed
a:""" ) On searching over the records he had found that
Coessmitt
Ink _ ea sitting in 1836 for the purpose of ascertain-
- offiter,lw orking of the Court, then had it in the chief
of ree evidence that Mr. Jenkins had been in the habit
ervtng the contractors' ledgers to copy his vouchers
fro
ib tylreftotrhoes.e clerks of the works were men in whose
•
faithful discharge of their duties the '
Oldie and the Court were bound to coincide, Mr. Jen-
- .41,1,..t.h.oenclerk of the works at that time, was in a state of
..„and it was moved " that Robert Jenkins be
hr,47401 was sorry that onty six Commissioners
ted for h .1 • •
Ittij • dismissal and more sorry that a great
°rltY of the Court thought' that such a probation fully
-Atitled • •
ptuee_. u h
olm—was, in fact, worthy of having his name
that establishment.
Ve.I:HAIRMAN said something that was inatalibi,.
Aica_ro,; LESLIE was going on to show that Mr. Jenkins
he :hat he had done in the days of his probation.
uu__
171 r Ldethathe had been in the habit of copying the
contractor and the then clerk—(not the