The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-08-13

hing - ~ the subject % shs oty vs. a prsssntsA
s.s = S,ssS e. va = odsa
NJ. BUsrnD ssd thss he oounup,oas,ou oS NE Comp
os.:" . s.ss vrs:s imp s.' - Is pubic
mind He, for himself, used being wrote about
e y ns ns
radon On his para for those that wrote them Re bad no
uOed article in yes.erdA, Tribune which, no presumsd
had oeeu written BY membsr Of the Oomuon Oou ,cil, In
regard 10 this raasanon which he supposed meant 10 a.
lude hi m but meant anything other than honesty
sessSns nsr-a oowsrdy con.smptiSIe, yieg sOoanaro
and nothing ehen he meant 70 nsinuate shA this judg
mect was gotten BY a,y default on hs part and he was
his Official conduct 70 the proper tribunal Mr. pusseed
then proceeded to speak Of the claim of ~ Lowber agsnH
n . vacancy caused by the death OF Mr. shepard, and
his subsequent e,ec 70 the position he holds, aud
sverreS up 70 me ume o. .ne co%%eaoemsns o. mrs nv
sDd be bad no knos ledge Of the case Whatever OF an
extended nature until be hac heard from Nc Lowoer
Soon afler be came into Office he found suit commenced
against the city by NJ. Robert W Lowber, Tor sis0 o00
in which he stated that he had sold the city property
On the Ess river in the nsghborhood Of Seventeenth
street The oempa,nt sverred every necessary fact 70
show the liability the part Of the ot showed tina.
the CITY had purchased property Of Mr. Lowoer and there
was no disposition par 81 OF the CONTRACTORS
get Il the contract while the other apparently wished 70
sought for compeen defence 70 put In in answer 70 the
charge and accordingly Immediately addressed The fol-
lowing communication 70 Mr.. Flagg on the subject
Law lsPARnENr. Orr OF NEW YoaK,}
OvFTB or COUNSEL TO CORPORATION, April ~, 1881
nS 4 :. sssn oos
Ae city, srowus on. Of reso luton q Ae Oomooo Council 70
'H ws ~ r. You
IA Approprang he q sSeoO for the
q: june is sna pssssa sS..d q %dsrnsn De
%snaas.a Is rs.S s ss MI ss1se
wife The Corporation IAe ie was approved q By this de
approved a: to form 70 Jon and 70 he Mayor for
he now p,sys The ad Of The oOnrt and SsmAnds hal By M
e %
d.. o. s ssd .cs s,seus the
have above stated, were made or they d sire
as deed procsesedi =. i'm. 10 e1pfs.
we iapSr yaus Of
The action Of the OOamon Orunci anything Iisss and
Ss o S". 10
violated 'se prenises am Try your oeedsnt servant
Counsel TO The Co pora lon.
Mr. Fisg never sent him any answer TO the above and
always neglected 70 send him one Finding the time
piring for be put in he solicited extension
Of twenty days, which granted by NJ Lowbers coun
sell In that time he again solicited In writing
from the Comptroller 70 hs communication but got none
he then and solicited him personally for answer
70 the communication, but could mot get he again got
extenson Of twenty days from Mr. LOwber's COUNSEL
making In all renewal Of sixty days granted by the oppo
site Gde which for Mr. Fsgg 70 put In bis Al
unaCquhlntoQ
length the plaintiffs attorney him and insisted that
he must put his answer he should be compelled to
take judgment against the city by default This time the
Comptroller fully advised the falling his part
In bis and IT. consequences, nd ATE mature
he Buseed) Of the legal opinion that there
claim was perfectly valid cne me verbal Of
The Comptroller that the Common Council thieves
and swindlers ana Thai This whole thing was swnalo
rupt system that hAd obgracsd the Common Coz neil
for years, and that he ~aned this @ fought NJ Bus
fha NJ
defence 70 su ID suit on proof OF that Kind when he
pointed OUT BY the chaikr Of 49, where the Com mon
Iucient ground which base defence. Mr. Busteed
differed with him, and OF the opinion that he could
Co mo % scu q 10
Any presenoe. Mr.. told him that the charter merely
restricted them from borrowing money under certain re
aors He further told the Comptroller thai, - Cor
poauou Counsel he could not that what he had
laid about the Common Council being thieves and
swinders 70 be sct, ard II he did teeve he would
gweax 70 - an answer, than he would put IL In
Mr.. Busted added that he was Of the opinion then, -
be was now that the suit should never have been de-
Tended al ALL there not the shost OF show OF any
competent or legal defence being gos a. Al the time a
could NOT very wen defend case in which be mad no faith
and offered 70 allow him 70 select any counsel he chose 70
conduct Il fer him He named VIM n Evart., after
which he spoke Of the question Of reference and was
ntaly, BY Mr.: Fhggs osn suggestion, Agreed that Mr.
Daniel sckes should be the referee, and the name Of
mr. Jonathan Miller which bad becn suggested by Mr..
Iowber's counsel, Withdrawn, The question Of compen
PATTON for counsel and referee was considered when
Mr. Fass said he thought $500 would DO about right for
The council and the then nxed for the
feree. The resuh OF the case va the judgment nov
pending against the city Mr. Busteed continued at great
length 70 explain that he knew nothing himelf
Of any Judgment having been rendered against the
city until notified OF BY the Comptroller after
expiration Of the thirty days for appealing had gone
by. The whole matter rested with Mr. Evarts, and no
the who should have prooeedef 10 take appeal
and not him (nr Buseed) who had had nothing 70 do
with the case after (Evsrts) had tah en- u 10 hApd.
After further explanation Of Mr. Busted the committee
5ourned aer concluding 10 rePor. unanimously In favor
Of lnsruoipg the Comptroller pay the judgmert of with
haever money be may have In the City treasury and
70 AK leave 10 meet again for the purpose OF making up
their report