New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-12-31
THE STREET COMMISSIONER AND TIL
CORPORATION COUNSEL.
CoNNCSICATI0N FROM Mr.. BUSTED.
Law DEPARTMENT, CRY % Ntw'foRs,
OyFICE OY TUy COtNSyI yos THE CORPORATION,

COMMUNICATIONS FROM Mr.. BusTEED.
Law DEPARTMENT, CRY % Nrv.YosE. J
OFFICE or COUNSEL Fos THE CoRPos.TloN,
No. 81 Broadway, De-. -, 1851
To ne Honorable the Co.mon Council:
deem it my duty TO advise your body OF certain
occurrences affecting the public interest and property
which have transpred within the last three days and
which were brought to my notice on examining the
" Communication from the Comptroller, submitting
estimates for tax levy for 1853 On looking the
judgments act forth in that document under the head
Of " Statement No. 81 commencing at page 10, I
found that Charles Devlin, Street Commissioner
had recovered two judgments, each for the sum Of
81 go % against the City, and that Mr.. c. Turner
Deputy Street Commissioner, had recovered three
Judgments against the City, for $i26 %, and one
for $2lS 90 and another for 1901 81. Inasmuch rs
recoveries in their official capacity could only be for
the salary 10 which, by the ordinance, they are ent
tied instituted al examination into the papers in the
suits, and found that the claims Of DOTH in each in
stance, were based upCn their official relation End for
services claimea Is be rendered to the Corporation.
ltls proper for me- in this connection to call your
attention TO the litigation which the struggle for the
Street Commissioners Office has given rise tO-a itga-
ton in respect ~ the number of suits growing ont Of
city, and rendered s more difficult TO control and
manage by reason the extended jurisdiction of JUS
tees Courts in localities miles anart
II has not unfrequently happened that, upon the
same morning, three more suits would 10 hroupht
against the city in the Yorkville Court five six in
the Court in Nassau street; many thirty forty
in the District Court Chamber. street and several ntersPer'e
the First avenue Fifth Al all points the compass
the city has been thus attacked and tins while the Counsel
to the Corporation and his f assistant, Mr.. Lawrence
themselves obliged 10 he in attendance upon the Courts
Of Record at the City Hall, leaving scores Of demands
Gil and Heads Of Departments to b. answered by the com:
sci at night home upon Sundays OF cour have had 70
charged suits the Marine and Justices
coTts and but nst to thin to ,sy ho; they have done Al
upon them With few exceptions the duties of assistants
iion that only occasional default has been taken against the
city Early in the controversy biween your a.tee TO the
gave to my official opinion that the 81 appointment
resided in the Common Council and in all the Subsequent
u "nJrtand A. ,li- day even how Haru: anu "
Thought were required BE- given TO the legal question. involved
The printed matter alone woas aessd o. % s s in
ecosnon Of either Of the lgans until the tile
resolution since the able and judgment of the
Hon Daniel p ngahsm Of the Supreme Court and formerly
pre.sy decided ofthe night the Common Council and
up his hour this decision Of Judge ingrdhaH the only adH
There prevailing opinion that the Supreme Court
passed udiciay upon the subject but this is
s sf ii OF daeded the S QUESTION sS Of the %
1t became necessary that should establish general rae by
fsa pay the salaries of appontee aud his unfortunate
and employee and fixed upon aud PROMULGATED th That al
CommsoneT for their salary hould be entered the
REGISTER and defaults THEREIN allowed that all suits brought by the
ubrdnaes and nployecs the Street Commissioner should
BE- decided and contested and each claimant obliged prove
Of Of thu wo and a the on sound Of dn.s not to b. Sr
posed in the ls,tnaed elias Of was the title Of Charles
laws furnished and sep up This rule
ba. ben acted rPon in every instance ann informed by my
the ssncy OF h, rule aud In of success has had the
sanction Of Judgment Of Court Of compel Jurisdiction
been done By direct perjury and only the erons guilty OF the
crime ought, to b. held responsible M Deyln Of
this rule OF my ce and 30 were most if not ALL Of his 'ub0rd
To my surprise reading for the r time the day Of
Deyn against tn city, found that they each contained
sle.aon that b, appointed the Street a ,a!ary
of $500 year payable monhy aud that the city in
drbed 10 him tiat rate; for the amount TO recover which he
That in two instances he had taken udgnen. against city
for salary that rate with int ret and costs On inquiry % ny
ssE found that none Of then knew %ha fba ednae d.
c9yeTsd "a but t2 pr nam 4.d nm s ns ,t L
Improperly gotten; he check for ~ $751; which
with appropriate sxpnnons indor'sd and aid over 20 the
pted the difference between The amount to which he wa- en-
titled and the amour recovered aid received BY him on the
The mex: day sect m Mr. Tuner, the DsPaty Street Com
missioner and called bis aen to hs sworn ateion. N the
missioner {, salaI' Of 1850 per ennun" was Not any
better satisfied with be explanations than with those OF Mr.
Dryn and mo-. being convinced in hi. that he had performed
any duty service required him 20 refund the whole
amount upon his judein, including Interest aid
costs and deduetg compensation at the ordance nate Of
$3.50 pr hnIun, orhs claim as alleged Depdty street Com
MI Turner rave me certified check for l76 which, with
appropriate explanations. this morning Endorsed TO The Con-
.r. do resaIdli becoming in to do anything
than to state the facts they exist, 10 you.
The duty owe to nv assistants and myself public Of
fcer and private cflen and the which hs. ben my
ror, to upon r department, Of which All chief rnd'r
imp rsiye that shod promptly put in possession Of what
has transId and eSe 10 the Een'o concerned Their own
vindc alton IL b. deemed necessary required Will add
ha, to-day the Controller notice that he must not
hereafter ssals, the city unless the transcripts
This measure while will Obise me 70 attend to what is
merely clerical will enable to ct apowedse Of every
Judgment obtained afd opportunity TO stay payments in .es
IN IN e SI0 Of h m toh: BY Mr. Dcvn ad by Mr.
The papers their other suits substantially lie those st
'''A'd thereto ''a'' R RICHARD BUSTED.
yer. York Common Pea.-Chares Deyln ag,. The Mayor
for money demand on coutracTo the sbovenan-d defendants
hi, srtiou II Which copy herewith upon you and
of snswsr 70 The .sid complaint On tn
York twenty dys ecr the rce hereof oAcn.ise If
he day Of nh ',5e and yC5 i 70 s'ss5 the laid. laid ON
shc jadsnel, unint for hr sum Of 40 WITH interest
let s1y s S fs tin fS. IF TN. action
Dated Nov. H. 1851 No. II Chamber. street, NewYors
C e c:T po PIE S' NO. GIs s1S .1 &
ay 81 the City q New Yrt-rhe plaintiff complaining show.
his Court That ii, City Of Moi 5 on hs nh day Of
II Street CommssiOner the City q New YORK salary Of
s On ES K. Saa Ii a a ;Ss 'e
Commissioner and conrd IN the Performance Of the same,
he let day Of Noenbsr B57 whirh day there due
TO the said plaintiff the q *l,S for three months saAry
under such appointment
And the plaintiff further how. tina; the aid defndan in
debed TO him in aid o 81 80 fo and On account Of his aid
ssnry although often slice requested he the DE-
ndans have hitherto whsiy neglected and refused, aud It'll
ncs.ct and reiuse 10 do.
Wh.rore the plaintiff enAnds adsmsE; lsain tho offend
for $50 with Interest "A, from The let day o Noy,H-
kr 1851 b.sde The rost Of this Ston.
7 STILLWELL L SWAIN, Attorney Plaintiff
FIy nd Couay Of Sep York a-Cbaries Deyn b ing duly
svon ,Ay tina, be plaintiff this scion tina, the fore
Va plant 10 Of biz noweis except 70 the
- herein stated information and belief aud % those
..sffsrs hs believes IL 10 b. true. CHAhLkS DE'LlN