The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-01-12
Law Expenses OF she Corporation.
IMPORTANT LEGAL OPnuOS OF THE Corporation
COUN Ell.

Law Expenses OF ,he Corporation.
IMPORTANT LEGAL oPnNoS OF THE CORPORATION
COUN FL.
OFNcx or TIE Council 10 THE CORPORATION,
January s, 1855.
DEAR sR-In reply your no Of ID instant request
irg my opinion upon the liability Of the Corporation
for the payment of the bills of Msssrs. Nash Noyes
have the pleasure to state that the 18th July 1885,
an ordinance passed In these Words
Resolved That the Counsel TO he Cooperation be- and be y
CONTINUES appointed BY hs board OF Adsrmsn and ss he
said committee be- and they hereby authorized and em
he si'a counsel - he
The committee di not call upon request the Coun-
their behalf slthough he At all times ready to do
So his duty required, but they employed Messrs.
Nash Noyes, counsellors at law who have rendered
their bills for their professional services the former at
SeSl 93 and the latter S826 They not poyed
by the Counsel the Corporation, at his request
associates with him. bat az inpedendent counsel and
thus acted.
Upon these facts of opinion that the Corporation
is not liable for the payment Of their bills and for these
l. The amended charter of lS49 created Executive
Department known ''the Law Department, and pre-
serbes that iii .han have the charge Of and conduct al
mepts thereof The Counsel to the Corporation Is de-
clared to be the chief officer Of the Department Attend
upon the committees Of the Boards charged with
legal investigation, Is prescribed by the ordnance OF
1649 portion Of his duties and Ia clearly embraced
within them, according to the amended charter ITSELF
question arises whether Is competent for the
Council relieve that Off Ger from he perform
any Of his duties to delegae any portion of his
powers to Others without his CONSENT and to throw upon
The public treasury besides the payment oil has salary,
the buthen of other counsel acting not associates
bur Independently, elected BY the people, but APP
pointed by committee OF Of the Bosrds2 In my oon
Ion this cannot be DONE The Law Department under the
Char stands precisely in the position the other
executive departments OF the CITY government, and the
Common Council traner to others the powers
Of the counsel than they strio the Comptroller or
the Mayor Of any of the powers granted officers
by the laws The duties OF the Executive ats
prescribed by the charter less than those OF the
Legislative Department represented by the Common
Council Neither derog 4te from the powers OF the
other snd ali bound fuia the duties and execute
the powers prescribed to them respectively by the char
ter snd the laws.
2 Again the ninth Sc II, of the amended chsrtes of
18a9 petcribes that Hneither the Common Council nor
any member thereof shall perform any executive busi-
whatever" In the cae OF Petersen Va Tue Corpo
ration it decided by the Coutcf Co nnon Pleas that
architect, who had been employed by committee OF
The Board OF Aldermen TO prepare plans, &C., for new
Washing market although Cd and adopted by both
value of his services because his retainer violation
OF this section Of he charter In this Messrs Nash
Noyes also employ ed by committee, and their
retainer, like that OF Peterson, was the performance Of
executive business which l. prohibited both 10 commit
tees and the Comron Council and was therefore illegal
need Lot say TOT hat In coming to this conclusion
have aeced by any suppcs ed disccurtesy on
the part OF the towards this Department on
the contrary have doubt that they Intended none
but wished simply to be professionally aided by those
who felt interest in the ohsc OF their investx .ton
and wi which they might reasonably suppose hsd no
sympathy. have therefore examined the question:
purely OF legal Liability wthou! any personal IN
dcer whatever.
r. csc bills therefore should not be paid and ha less
hesitation in expressing his opinion for you gnid4nce
for The thst Messrs Nash Noyes are not with
cut but obtain full payment OF heir services
from the membe of the committee who employ ed them
Respectfully submitted. ROBr j. DILLON.
Hon A. COinntI Olier.