The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-05-03
The DIatsen Investigation-The Cisy rot Tn
Pay Counsel Fees.
SUPREME COURr-BPECIA TERN.
Before Hon. IudCe DAY les.


Before Hon. Judge Davies.
MAY 2.-Danid Eawon ata The Moyr DC, or N.s Yo7s.
u 1856 the Board OF Aldermen of this city resolved to in
elte investigation into the affairs Of the Police Depart
ment and appointed committee 10 conduct the investgs
ton During M progress several witnesses declined answer
ing questions put 10 them by The committee and the
pee instituted legal proceedings 10 compel them to
The Counsel 10 the Corporation wns not employed
or appointed r. conduct these proceedings, but the
special committee employed such counsel were
agreeable 10 them for that purpose-among Others
the assgnor Of the plaintiff. There was no inability
On the Part the Counsel tho Corporation 10 act In the
premises and he testified that he should have acted he
had been applied 70 for that purpose. The biz Of The
Plaintiffs assgnor for professional services rendered TO
the committee amounts 3e8l and 10 recover which this
suit IL brought
DAWES Justce-No question ls made In this cause
the reasonsbeness OF he charges therefor Tue simple
question presented U.s. tho Corporation be rnsde liable
for thu claim Section Is OF the charter Of s4e organized
executive department, t. be kpown de claw Depart
nent (which shall have charge Of and ronduc az the
law business Of the Corporation and Of Tue departments
thereof and ali other Law business In winch the city shall
be interested when 20 ordered By the Corporation"
BY the city charter, therefore, the Counsel To the
Corr alton Is ''to have charge OF and conduct" not
ciiy all the law business OF the Corporation, but all
the law business Of the several departments Of the
IN wloh he CORPORATION or Sny It's deps r,msnts have
any La business 10 he transacted tn addition % tnis the
cou ia also TO have charge or and conduct al other
c~dcrcd uy the Corporation" The application Of this latter
provision the FOE It's enactment familiar
with All who have had any practical Knowledge Of the az
fairs Of the city government Many SUITS proceedings and
CsCs family instituted in which neither the Corpo
ret, ouy q the departments parties. But tie
cue ton bc decided may be such 10 oltct the pro-
Icryo, rights OF the Corporation Of some 81 ts officers
rcvoue % the charter OF ts49 such suits defended
Iro eced by counsel employees by the immediate par
~ n he action, and frequent cas made upon the
city treasury for their payment, the ground that the
corporation Interested in the AMT In ia result The
intent OF The charter of ls,g D place all
legal brsTess In The coG..c ard under the manage
nsut OF the CCrposLuou Counsel, in the result of
which Ne Corporation might have any interest, aud
for The expense q which Il might by any possibility
be called for payment Il 10 reference 10 this
class Of that the Counsel 10 the Corporation 10
take chsrfc OF and conduct, whenever required 10
90 Wy the Corporation, all Law buS.a.s which had
interest II Is quito manifest that the intention Of
the provisions OF the charter and the ordinances that al
the lsw huine ~ the Corporation, OF w departments
or In which the Corporation should deem had any interest,"
should be conducted Ivy and placed IN Tho charge Of the
Counsel Ia the Corporation, Dor hec services specific
salary l. gwen 10 that oiilcer-euch occmed
adequate and reasonable compensation therefor. These
services he bound ~ render, and must do II Tor the
pensaton owed, II T. In the power Of The Common Coun
Gil 10 alter md graduate this cOmpcnsao from time 10
time IN reference tD the services rendered. but can ind
authority for II 10 Withdraw and place In other hands
duties which the charter has con1dei to hln and hlch
ie, w bis oath o. office and every obugston resting upon
q p1ohc oAicer, a. bound 10 discharge
Afcr olaIorsic lew OF the the Judge gave
Judgment TO- dei, adalt.