New-York daily tribune., 1858-04-16

IUrp "
5r - q coutrsot rnsie br Mr.. pe '.ia with tue
C.rporatioD. dated 27tL October ls'o to sat curb
aid gutter. AID hsg four ieet OF WAX 0, ilui s'
nue. from sixty fret to Eighty -x'b street re va 10
onrh ard gutter Der running foot - cents, teseturg
cub hud gutter per runaing foot cenis. NO other
changes under the contract, could isgsny be meds.
Crder rcauistion from the Street Comnissoner.
Office :? 20 per cubic yard for tcck excavation Is
cer per cubic yard for Garth excavation. ~ cens per
cubic yald for earth filing and O' days for inspect
ors time at 81 5Oper day are inieneo. o,...
No provision for any such charges Il mads either
usder tie ooptract or by any ordinance Of tue Cor
p TSe Ss'. surveyor for this work seems 70 have re-
Cubic ysr1 Of s.rh excavation ............i,ej
CuJo ysi1. Ct rock excavation .............. -!
chsroes wholly illegs Nc staudrg this the fig
res were altered by turning the in the first charge
into fo- and prefxing the figure three before the
secend and third items, Il dhs e. amour: w5onSday
SOS o. and by the altered hgrres s33sc was added,
showing fraud upon the property owners Of 49,
| This money VISA paid to Mr. Devn on the 18th day
| OF February and the 18th day Of March, 1885,.
II is not possible to believe that Mr.. Dsvin w1
ignorant Of ali these errors.
Twelfth.
At the tire Of the appointment Of Charles Devlin
TO the Office of Street Commissioner the 10th day
Of June 1885, he contractor with the Corpora
ton, and held contracts with them for very large
| amount of work-ssid contracts being thGss over
Thee contracts involved the expenditure of not less
than $50, 60 and are many Of them still incomplete.
Most CT all Of said contracts wero on or about ssi
10th d6y of June 1sj7, assigned by said Devln t.
said John Fitzpatrick.
1t clearly follows, from the facts before stated, tha
Mr. Deylin has been since the said assignment, aud
still is the party in nterest in these contracts, an
does not occupy toward such contracts such position
a. will enable him fairly TO perform his duty n respec
to them and the payments theIeupoa.
II il difficult to believe that Mr.. Devns connection
with any considerable lumber OF these agrant frauds
is susceptible of explanation His attention has been
called TO the subject by the Controller and explains
ton Requested but he hiss refused to say anything
B. Smith, who is charged before . magistrate with
compl;cty in some CT Il ESQ frauds Mr. Devln BE-
ing called as witness refused al first to be sworn,
and when sworn, refused TO answer any question on
the subject.
The salary Of Mr.. De,lin wGs. till December II,
1857 So 500 year. In the month of September last
ard again in November, be brought action against
the Corporation for his ss.ry for the previous three
months at the rate OF 50 600 year. The complaints
in these actors sworn to by said Devn. Judg
ment fer 81 go and interest in each obtained by
default, and the money collected When it was dis
covered that the claim was for double the amount
due, Mr.. Devin called upon and under throat OF
| persecution repaid the excess.
In conclusion. allow to repeat that as tue Mayor
| and Board Of Aldermen hsve under the charter an
sbsolute power Of removing the Street Commissioner,
and have already exercised this power far as it
is vested in me, and on the Eth inst. asked tho CO.
| operation and consent Of the Board Of Aldermen.
which cannot doubt viii be heerfuly afforded
| immediate action on this communication may be
nect ss6ry. DASL. r. TENANN.
Mr. BooIr moved reference of the Communcsti
| OF the Mayor to the Special Committee. Carried.
a Commune stion WAS received from the Coupse to
the Corporation in reply to an inquiry Of the Board as
to whether tLe Mayor and Board Of Aldermen had
power 10 remove the Street Commissioner IRON Office
| 1t is o. follows;
Law a,s. DGr'Hr,nsr, r CRY o, - s. w,Yosk
No 27s Broadway, April Is, ia5s)
To your resolution "that the Counsel to the CorpO
ration be and is hereby requested to inform this
"Board whether in his opinion, the Mayor by and
with the ent Of the Board Of Aldermen has the
"power under the Charter to remove the Street Com
| "inissioner," have tie honor to reply: under
stand the word 81 removed" as used in toe preceding
resOluticn, 10 mean On absolute removal with cause
in the exercise Of arbitrary power, and have no
heaton r stating after most mature reflection upon
the subject, that no such power is conferred by the
| CHARTER.
The 2lst section of that Charter provides that the
| "Heads' Of tie Executive Departments excep. the
officers Of TIE Croton Aqueduct Board shs hold their
offices for two Jcsi' and until the appointment Of their SIC
The Crtc App a. hS', u il. I,ceut dscsou, determined
s t NJ sl mF % 4 GfT bS SI pd, nm s U1fS TO
AM head Of department before the vpson of HE term
would render DuQaoy much of the Charter prrcrbe tht
tern Mayor and Board d Aldermen with the ab
.lue charge ch bead Of Department at each sue
o,iy quorum cannot find support for ths le either
In C,n.uoDs Federal State which confer the Executive
the appointment Of officers tor whom the l,w
MD s.ad tm Of Office in the charter The same 2st
section. after the passage above quoted provides that the
Of the Common Council aud by and with the con.
r btpsitrerts except The Contros and the Counsel
,Ietne ae -, bs Comm s,es r. the C,mmoa Council
if il session; il rot, ss their lrst u'eens This Is
grants bu, also iec the rst Of removal twas
.b,n srihoy 70 remove t6G be claimed under any e1ecu
tyg capacity Of the Msyor ACTING h Or who, the Board Of
State. II mut BE- borne mind that BY he 10th
in ,e Mayor snd the Depannents fhe Stree;
Car missioner therefore part Of the Executive Of the Csrpors
tD end the LEGISLATURE could not have INTENDED one executive
oceI should remove another except Under al express power
purpose ply conicee am quite satisfied that the true
prt'scn tie ct section 30 far have ytex,raeds
povisiop is this The Mayor has power TO suspend he execn
tive officer for bit this only be exercised Dunn re-
of the Common Council prevent such sGsPsn IN being
oppIesvc TIE officer iucfious the city lliGes
cou6ion OF IL cCnlnDg in ect that Toe reasons for 1t os
commiri s,ed the Common Council at tr fret meeting In
tie the Suspension being approved by the Board Of
@ % Ti; ~ nots .pIeS 3 Of in tb BY the
Charter j. only removal consequent upon aud attaching Itself
70 TIE suspension, and read the Language Of the % sec
.n emb died M u oc sentence a. II II upon ,he
tme ncoup b light. Of te oheer with os'c aud
with csc ard already suggested N either c'sr BY ofs
s the i0. ing sa-usse Of tie s.me 2i.: :seiisn; Ire
he members elected. to remove any Of thr hesi. of
Departments, fr cause other than the Controller snd the
"Coir.l to the Cooperation Her, find Allsrmen
esa to Jo ean.e such removal rtquirinss vote oil
tive intent 10 protect the oce against caprcou yndictye
corrupt 1errrrpce by Tie Aldermen sld 1t Is diff cult
give how such precsutcn be cied VII TIE intent
place tie olcen tie mercy Adsrm.u having the
coop raion Of the Mayor unless indeed ths.
men a' would make up the difference between the
msjody cf quorum and two4hirI. OF sill Alder
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