The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-03-11
MUNICIPAL MATTERS.
letter from the Late Counsel 70 the Corp0-
ration.

To THE CITIZENS OF NEW YORK.
New YORK, Thursday, March 10, 1903
The manner in which executed the important
trusts Of Counsel to the Corporation, oonhded to me
by your srages, has been made the subject Of seve
raj articles first published in the Journal 81 Com
mree, and subsequently ressued In pamphlet form,
under the imposing title of "a Series OF Undnsioer-
ed and transferable Editorials"
Considering the grave nature of the charges, and
the importance which has been given to them by the
new form under which they have been presented to
the public as well the fact, that il true they not
only degrade me as public officer, but also blast
my reputation as a man, have felt it due to myself
and to the city, to set the case fully before you, in
It's true light.
In doing this, beg you to understand, distinctly,
that do not apfear before you to correct my mis-
takes or to apologize for errors ask nothing from
your indulgence, nothing from your forbearance-I
ask only verdict from yoHr justice.
The articles to which refer make three distinct
charges, either directly, or by the most pointed i'm
/. That Influenced the action Of the Common Council
which enacted the ordinances and fixed the
and altered or induced others to alter, the ordi
pances when in the hands Of the printer. .
q That received illegal and exorbitant compensation
s. That the fee of ten thousand dollars paid to me in
the Ere cases. thai argued and tried in New Jersey
was exorbitant If not illegal
The first charge is one Of 80 grave nature, that
addressed letter few days since to the editors OF
the Journal of Commerce, requesting them TO FUR
nish me the evidence on which that charge was
made-presuming that 30 grave an accusation would
not have been made against o public officer without
the clearest proof, and that such proof would be
eheerfully furnished to the accused To that note
have received no answer.
The ordinances in question were prepared at the
request Of the Common Council, by David Graham
Esq, now deceased. He had himself been Counsel of
the Corporation, was well acquainted with the res
possibilities and duties OF the office, and thoroughly
versed in our municipal affairs His character stand
ing at the bar, and known probity, are guarantees
that in framing these ordinances he was guided by
what he deemed to be the best interests OF the city
1t s but justice to his memory to say that he did not
advise with those who were to be affected by their
operation, and deem it proper to state, further that
was not consulted by him in regard to single or
dinance, and did not know that he was engaged in
the preparation of them, until after they were COM
pleted by him, and printed. | was absent from the
city when all that portion of them was adopted that
relate to the compensation and duties Of the Counsel
to the Corporation.
left this city on Thursday May oath, 1s49, about
noon, for Boston, where my family then were, and
did not return until Monday evening, May 2sth, and
did not leave my house on that evening
When left this city, as | understood, the joint
ton Title g. relating to the Department of Streets
and Lamps On my return, was informed that
they had revised and amended the subsequent titles
and had completed the same; and that as amended
they had passed the Board Of Alderman
Inever saw the ordinances, as adopted, until they
were printed, and sent to me in the usual way as q
corporation officer, and did not know what altera-
6ons, if any, had been made in them. You cannot
that the ordinance finally adopted less favorable
to the Counsel of the Corporation than the one org
naly proposed To place all these facts beyond ques
ten or cavil, submit the affidavits of Mr. Dascn-
bury, the confidential clerk Of Mr.. Graham, and of
Mr. Macoy, the foreman Of the Office where the ordi-
nances were printed.
In regard to the second charge, I have simply to
say that the cost of opening streets is not borne by
the improvements The street openings are al
made under direction of commissioners appointed
by the Supreme Court, and with the sanction of the
court and the laws they appoint their attorney and
counsel, and for greater security to the city aud to
other parties interested it has been the uniform prac
tice Of the commissioners in all cases. to employ the
Counsel Of the Corporation, who, for that particular
duty, becomes the counsel Of the parties in interest
tion, during my term Of Office, have been first passed
upon by the commissioners; then, in every case, af-
ter notice of fourteen days. in four public papers,
and like notice posted in hand bills, to all the par
has been deposited for fourteen days in the Street
Commissioners Office for the inspection of all con-
cerned. every such bill has been submitted to one of
the Judges OF the Court for taxation and it is gra
6fying fact that not single instance has occurred
where party has objected to charge made, or the
Court dsalOwed one.
1t is true that many streets have been opened
during my term of office, and that the aggregate Of
ACSClptc appears idlBC, 40 Aiuccu ~ put uUtuuS
ike the stated by the editors Of the Journal of
Commerce.
The process Of carrying street opening through
its various stages, from the first step to its final
and nearly my whole compensation for street open
ings was received during the last year, for it in
that year that the cases were mainly finished. The
editors Of the Journalof Commerce have named that
sum, as the amount received in "a single year. and
then by multiplying it by 81, (my entire term have
found very large sum for the probable" amount
received during my term Of Office. The error Of this
calculation is shown by the fact, that previous to
1852, the whole amount received from street open
ings was but fraction over fourteen thousand dol
lars as will be seen by Doc No. IL Board Of Assist
ant Aldermen, Dec 10, 1851. Besides, the figures
presented by the editors of the Journal of Commerce
by no means exhibit the net receipts; for large dis
bursements for clerk hire and other charges have yet
TO be deducted and these have amounted, during my
term Of Office, to near ten thousand dollars.
l come next to the fee received in the fire cases,
which were pending in New Jersey.
The condition OF those cases, (3S in number,) in
voving claims against the city to the amount of about
eight hundred thousand dollars, was at the time Of
my appointment, somewhat critical and were prose-
cuted with great pertinacity and professional ability
Under an ordinance Of the Corporation, could have
to to be the duty Of the counsel Of your city to at
tend personally to q matter involving much pro-
perry and 30 many interests and such were the OPT
Mons and wishes Of the late Mayor, Mr.. Lawrence.
tucec C&Sc6 EcCcVeO hpSCul
from my first appointment to office, up TO November
last when they were finally decided in favor Of the
city.
As the ordinances defining the duties and fixing
the compensation Of the Counsel to the Corporation
were limited to services rendered within the State,
there coud be doubt that additional compensation
was due for any services rendered in other States.
Unwilling to assume the responsibility Of naming .
compensation for myself, l addressed Q note to
Chancellor Williamson, who was the associate coun-
sci in New Jersey from the commencement Of the
suits to their final termination, asking him to name
sum which he thought would bs adequate to the SER
vices rendered then submitted his letter to several
Of the most prominently counsel Of city, and final
" sent all the papers to the finance department,
These letters on die in the CompEolers Office
On communicating the failure Of motion to 70
open these cases to Mr.. Lawrence, l received from
Linn the letter amended. He well understood the