New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-08-05

sppropraiionthese are all Of them the OF bo defend
snt. Upon the order Of the committee, the pan''f pro-
cured the supples by them directed for those pp'hs
has not yet bee paid by the sum 81 rt'' WIN tn''e
facts before us, in ltgston between t"o private
par,ics there could be no hesitation IN OF haoa rende
ing Judgment for the Ptanua ~ ue iui f'iltht
ct the unpaid balance hut II il INSISTED ON the pan
of the defendants mat tney are d ooly coIporA'e,
acting with certain limited powers, delo gated TO
them with instructions by the city charter, and that the
furnishing of hcse supplies was IN violation Of The res
trc,ons contained in that nsrumentthus presenting ut
first blush case Of parties claiming The benefit Of their
own wrong But tis insisted aud properly that every
individual is bound know the law Now 20 the char
ter 10 ascertain first whe her the plaintiff claim in It's
inception legal and seco, whether su0sequent acts
Of the defendants recognizing raihying and IN effect
promising 70 pay, have given such vitality 70 the Pan
tai claim that the entitled De ccognzcd ana
enforced in court of law. The defense sought 20 DC
nalntained upon grounds both of mtssjt5 ana q "~
,,., lndeed II seems 70 HE, must be the pleading %
fiat morality which consistently, with true MOI ~
IT, argue 10 logical conclusion, that nlan nonev
rendered service furnished goods or pal IJ,
nj the request and TO the benefit Of tuonel, ~
corporate or individual, should no a nonsn
parties thereto be entitled to the siIPula,ed
s Il ali ,ba, deem Il proper in this place to say upon
that portion Of the defendants ar nroIvc3 in the
within its scope the moral consiaefation. nh ~ WV
case but cannot forbear giving so,nc, 1T, ex-
s;r 20 ne Extreme repugnsnce entertain N nv owa
mind toward discussing eavS sVoeed 10 the paying Of
disbursements made In the course OF naioal rendering
80 g. and ,roner tribute 10 the memory OF George Wash
:g.on Ne American heart can supIrss emotion at the
,babt az that great and good man, and how incongra
t,h, at <NM
~ hold The scales Of justice that may it were he
.,ro,sm in the one balance I'D copper coin in the other
While allude to this rean DO structure upon the con-
,ciepce Of any official VITO perhaps sympahzng ~ he
feelings 10 which lave gwen casual and but slgh' OK
preston deems it his duty to force that necessity uo
me- 1t to be regretted that the necessity has H
undcr il must now proceed calmly TO consider the
go in taw of The affections urged in this action to the
ns;p,ns claim. The first point presented Dy 'ne -
eel Tor the def ndants upon the twelfth secsion c
go. ., .ynnd The charter of the City of New-fork
ra,sed Apr ~ 1883" That section IS IN these worus
A. be done end n p more e. ssn two hundred
sIs INV dollars by contract founded On sG pe9 Of
len Sys snd Ill contracts when s.ep a. m pTooos
iSwsi eGSs T ~ iSS heads @ in
An nom that section h argued that nasmuch as the
ta,sl claimed by the plaintiff is more than " s21O the
.oa hond have been by contract, founded sealed
SSs or proposals. in compliance with public notice, &c,
snd not having been 80, he same Is Illegal The very
tne Of the plaintiff claim being provision for an ell
fertanment induces the instant the doubt that II was
one OF character Of expenditures contemplated 9y te
twelfth section. How would the public notice De drawn
70 meet the eIgency of the case What language eouu
be used TO express its acquisitions DO the aeienoan
sroue that public notice for bids or proposals 10 ger up
1sei.trs,;oo Of the anniversary Of the birthday of
"Washipgton' would have been sufficient ana thar the
thing was thus TO obbed out TO some specuator 70 con-
c With an eve solely to his profit and in his own
manner however much that might exhibit the parSlnohy
rather than the patriotism OF the h oI Wasbo
ION il Justly called tho father. Had even the pla9t
slain been dumped and presented for instance IN the
a
"fnrnsbed Veteran Corps" there then might be some
show oreason in the argument because would nave the
collateral reason to strengthen ana sustain H. tnut .e SUM
entertainment might have been furnished ny some COM
petor AT less price; but in this where the account
presented item by item the defense Is deprived o. even
that and the plaintiff avoids COLLISION win he
twelfth section through the duty of the Court to pass upon
his account item by item Is 'there any item when the
Cont c,n reject under the srccst construction OF the
twelfth section None unless be the seventeenth item
and If the Court felt compelled to reject that item tney
would certainly consider themselves Jusuhed IN aPPyhg
&c n
Pendants 10 recover that payment in such manner as
they might be advised but for the reasons before stated
il is unnecessary further to pursue this argument Inc
Sea No money expended 'he coIS3on for any
occasion except the celebration Of the Anniversary Of the National
no t1s Of me bbdsy OF Washington unless by
OGlhs al the members eecedn each Board OF the Com
also by implication abrogates the twelfth section SO far
az applies to The occasions mentioned in that section hav
ing concluded that the twelfth section does not apply, ana
thus disposed Of the first and second points, we pass on to
TIE consideration of the third poLt suggested by the de-
fendsnts Under this third point counsel refers to Peter
sens case. do not perceive the slightest appncaton
which be made Of that case TO The one under e2nsld
Grafton believe II TO have been the intention OF
the amendments the charter passed in 1872 that the
Commissioner of repairs and Supplies should be INVOKED
10 attend dinner table in the quasi capacity OF head
waiter steward that in the event OF bundle OF cigars
. pound Of crackers or even bottle OF WINE, oelhs
wanted he should render his official sanction and services
the procurement of such uxurie for some one or more
OF the Cty's guests; and even supposing that to
have been the intent OF the amendment OF ls49,
Numerically disagree with the proposition that It's force
so far affect the under consideration ana the
supposon case have suggested is not restricted by the
amended charter of 1853 might here 0bnC suggest 10
the defendant hing evoked the argument Ia
length perhaps TO which they would not dare go-as
"siric constIuctionists, they must to be consistent CON
TESS that is at least query they have not an action
against whom may for the value OF the broken
Nctuas left after the entertainment which should under
another section of the charter the defendants construc
ton is correct have been disposed of at public auction as
CORPORATION property for the benefit OF the Cy treasury
though perhaps they will be content 10 agree With me that
IRA Taylor the Daintins made much better dis
position of them as appeared upon the trial. ny distrbut
ing them among the destitute poor. Passing then, from
the third point TO the last objection suggested
by the defendants, which based upon the l9thsecon OF
amendments the charter passed in 1872 from when
quote the portion referred to by the counsel for the de-
PENDANTS;
And no member Of the Common Council head Of department
shall he directly Indirectly interested IN
asy contract business, the sale Of sitce
purchase ether property belonging 70
is true The plaintiff is the chief officer of the bureau
Of the City Hall and Park but do not perceive that
the claimed by the plaintiff presents case IN
which he interested in any contract work, or Dusl-
ness the sale of any article the purchase OF any
real estate other property belonging TO the Corpora
ton, This dposes of the fourth point an upon the
whole case, am OF the opinion that any committee or
officer of the Corporatoneven tho alaintf-have vio'
ted the sections Of the charter in the matter Of tao
claim presented, the only relief for the defendants Is
such as they may attain by prosecuting such
committee officer for misfeasanee in office; and
that is paradoxica in law that contract such
rs this may be valid and binding, while either both
parties 10 might be subject TO criminal prosecution con
vic.ion and punishment for their participation therein The
same being misfeasance in office; and must hold the
defendants answerabe the acts OF Their agent the
mee and their ratification thereof by the auditing the
plaintiffs account and their resolution directing the Con
froer TO draw his and pay the balance claimed b!
the plaintiff viewing the IN the hight OF promise Il
nav founded upon the consideration of the goods fur
n;sba1 tba