New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-05-04
Ia II INTELLIGENCE
sUPREME CoURr-CIEcrtr-MsY2- Beiors JIdssD,Nits
THR MATSELL INVESTIGATION.
fHT CITY NOT TO PAL COUNSEL FkHS.

THR MATSELL INVESTIGATION
TN CRY NOT TO PAL COUNSEL FkES.
Dsne ssw.os ss.is1e' sgt The Mayo! e. u NsNfSrs
In 1850 the Board OF Aldermen OF this city resolved
to institute an investigation into the affairs OF the Po
lice Department, and appointed Committee TO con
duct the investigation.
During its progress, several witnesses declined an.
swerlug questions put 10 them BY the COMMITTEE aud
the Committee instituted legal proceedings to compel
them to answer.
The Counsel to the Corporation not employed
o. appointed 10 conduct these proceedings, but the
Special Committee employed such counse, as were
agreeable TO them for that purpose among Others the
assisnor OF the plaintiff There no inability on
the part of the Counsel to the Corporation Ia act IN the
premises aud he testified that he should have acted
be had been applied IL for that purpose. The bill OF
the plaintiff as.ignor, Alanson Nash, for professional
services rendered to the Committee amounts to s6Si
aud to recover which this suit is brought.
Dawes Jusee-No question Is made IN this cause
TO the rendition the Of the plaintiffs sssno
he rea,onsbeness of, the charges therefor The simple question
l. een the BE- made liable to. TIA. chain
department. b. known the Law Department" which
Srpcraou and OF the departments thereof al other
e.. in which the city shall Be interested wh'n 80 or
~ th CITY Charter therefore the Counsel 70 the Corpora
business OF the Carpoation bu, all bushes, the
ere ohe Corporation These provisions apply TO
81 cases !, whSa sss 70 r. Ta0.s 90 In saapa h
tie unse i, have charge Of and conduct all other
by n: fh sppaton til. later pro-
have had any practical knowledge Of the Affairs othe city Coy
eminent Many suit; and es.S are So1.tAS'y IN
p.tes But the questions to be decided maj De ch
c the property or rsh Of the Cooperation or Of come
defended prosecuted BY counsel employed BY the lmeds
parties the scon and frequent calls were made upon the
rat, Interested in thp suit or in result Tho Of
the Charter si9 20 place all legal business IN the control
re., Of which the Corporation might any aud
for the expense which might by any possibility be esled
al. Of
Counsel e the Crpoaion take charge Of and conduct
them whenever required so 10 do by .he Corporation all "a.
that It tho intention Of the provisions OF The Charter ana
the ordnsnee that all the law bS'n. OF the corpOrsOn
deem it had any interest should b. BY and placed
IN tho charge OF the Conn.e to the Corporation o o f
,bsr The sryiers he i, bound 10 render aud must do
Tor the cou peuaton allowed 1t is in the power Of the Com
Council 70 alter and graduate this compensation from sme
the services rcndeed but hnd no
and every obligation resting upon public seeT
~ bound 10 discharge. -
due, all the business II the Cooperation but al the law
the several departments thereof The powers Of The
The Legisstive powers vested IN Board Of Aiis
mon Council Of this e,y These two bodies Therefore form
the L. la,iye Department oNhe city Government and are az
much subject the provisions Of The Charter the Executive
Department. The pow i.ttv ,hs Myr .na
the head, Of the sewers departments created by that Csc
and each moYe. in It's sphere subject the restraints
constitutional superior the Charter OF the
dy II Is therefore, quite apparent ths tne 1osn.e 70 the
duct well all the Law business OF the department.
Of the Corporation either branch OF to conduct the law
business OF the e,ers executive departments and Their sever
branches and subdsons and it /, not 20 how 70
eomPen o % S M ee ies S S " OeoD
char by the Charter with those dse and select aud
eppoint other counsel II be done may be equally
con nj for each Of depatmeu,s and their
eral .ubordnstes 70 do the same thing
Each might thus have it. own law oer subject
Ing the Cry T asuy to eaonion. drains while the legally aad
for the discharge Of these duties who bs- Office and clerks
provided r at the public eaPsn'e to enable HIM the NOR,
receiving thou, rendering sny equivalent
sm quite that no .gch 'tas OF things e'n = sowsa w
II the QUITE. OF the coun. prescribed by the Cbsrer can bs
,atcr away him and conhded other, By the Common
Council either Board BY any Committee thereof why
may not the same thing be dons 20 those OF the mayor Ion
statement the proposition carries with ts rcuta,ion ni
hSweve can be done IN one Sa Ss cdaa aS
COuD establish such ohor departments and buEesuK - hs
tLo, sDe. herein created such duties as they may direct
This provision L. ov.r ress-ti0n OF the vcwerof
the Common Council to withdraw any duties cOn6dd by tho
Charter any particular department. bureau and devoveths
upon any Other department or bureau thea existing or
So long these plain and unmissksbs provisions Of the
Charter continue force can have no doubt mus! Do
IL there cOud b .ny doubts Of the power Of the Common
BY tho decision Of this Court IN
Of ehIopber as The Mayor &c. Is Barb SOL In that
the Bsrd q Aldermen assumed 70 direct the Comi'oHer Of
r. ps .nd Supple. With whom he should make contract for
The building Of " s.hsstOa Market.
Til, Count held that contract made BY the C0msoner
puusnoe Of Charter and ordinances Of the city would b
invalid and granite injunction restraining the action Of tho
Common Council therefore constrained 10 cay that the
action o the Committee in tho In direct
diet sh the CHARTER and without authority aud
Old and that their employ u the plaintiffs agnor how
netoOu the service he may have rendered
able the charge. made crested legal liability the de
Another objection 70 such night OF recovery even an
views exist. and which fear il insunouni
sbe that tina. the OF counsel BY this
committee executive duty which they weo incompetent
e pertora.
u quite within tho recollection Of those who have ia
teresed Themselves the affairs Of the City Government that
prior to lO IL deemed evil and pregnant with
mot for the CoDmoa Council its
exercise any executive funcOns That Charter
that the power the Cooperation should de-
vye the Board Of Aldermen and Assistants and that
Board. together should form the Common Council
business Of the Cooperation should thereafter be performed BY
snct Dersrl,n.s and hcn il made the duty Of the
Council to organize and appoint tor that purpose
Thea provisions oud 20 have been 20 clear sd spo
rife that sker N sng could have been sGnderstood
this express declaration q the Legssture
that thereafter the executive business .noud
ell euOned those departments sac Common
Council still continued 10 perform executive des snd neg
the seoH Of the Lesnre in 1912 when an amended barter
90 pas.ed BY the executive departments D.snissd
the iutes f each defined and sccsn nine thereof declared
ser neither the Common Couneh nor eay commit
thereof should executive business
~hs-vsr" This inhibition plain and specific sud would
sufficiently ell doubt Of s meaning snd
intent.
wn well observed IN the n Christopher tSups,I the.
may undoubtedly be sets which do not eIcn
ana wh.ch NAV without violence language claimed urdsr
ehex head But the Common Council have thers-ves gwen
practical construction 10 the meaning Of this soetion By tbs
Of ordinance permnf the Cogn 70 the Csrpers
ton 10 emroy such additions. ppfe aid