New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-01-16
La " LN7ELLIGENCE
HOW TIE CIrr II ROBBED.
HEw-lORK SUPERIOR COuRf-s,,r,,, r,,Y
Tar COtrORATGoN PptNrtsa .,....


thorited 70 cause Oo copies II the CITY Charters.
with Kents Notes 20 b. printed and houna a. an ex.
peuse not TO exceed the amour, Heretofore TO be pad
tor the same.
The complain, alleges tbs, the work was done pur.
suau; to the employment and tina, the volumes were
delivered to the defendants who accepted and re-
ceived the same IS printed and bound 10 ccmPhsnes
with their said resolution and direction. u then syers
that hy resolution. passed and approved on the 18th
day IT June 1915, DE defendants aHihorsei the Cea-
iroler 10 pay the bill OF plaintiffs, and Which the
Cle,k had certified 20 be- correct
The complaint also contains common count. Tor
woik and lahor goods and materials.
The answer admits both the resolutions Of 10th day
Ut Decembef ish2, and 18th day ~ June. 1855. but
alleges THAT they IA violation Of the iah ss.ctios
d the Act Ut the l2h of Ami lSIa 10 amend the
CITY Char'er, and no, bn'iing defendants aud that
them.
There i. no dispute abou, TIE fac,s.
The plaintiff were originally employed 20 do The
printing for the oofporaion tor year under coa.
tract entered into Between them and the defeaaas,s
dated the n day of July 1875 In respect % which NJ
objection i made.
This ConraC; expired by IL own limitation on the
Sd day of july 1872
Before TIN. period had arrived the CHARTER Of 1919.
was adopted, and on the SFh day OF May. lsie. ths
ordinance organizing the Departments Il the Muncipal
Government under the charter was passed
by section 500 Of that ordinance, u declared
that until the Common Council should otherwise pro-
vide by ordinance the ordinances and resolutions then
IN iorce should he applicable 10 the public printing,
but TO enable the Common Council 10 revive the same.
and to make such provision in respect thereto the
public interests might require the Controller and Coun-
sci Of the Corporation were directed 10 make report
upon said ordinance to the Common Council or be-
fore the Ii day Of July following (lsia, with tho
dTat Of an ordinance adapted To carry the same into
effect. No such report appears 10 have been made.
The plaintiffs contract having expired, they CON-
tnued to do the printing under the terms and pro-
visions If the old contract and from that time 10 the
present ell the printing II the Common Council has
been sent to the plaintiffs, aud regularly performed BY
them.
At each meeting Of the Common Council since that
period their proceedings, aud the documents andpape
directed to be printed, have been furnished printed BY
the plaintiffs at the rates OF charge embraced In their
original contract and have at all times been regularly
paid by the Controller without objection, except In the
present instance.
ON the eth day OF September. 1859. resolution was
passed directing the Clerk of the Common Council
TO cause 10 be published 800 copies of kents Charters
and notes and the amended Charter Ut 1872 and
400 appropriated 10 defrsy the expense thereof
On the 20l day Of April 1872, 30 additional COPIES
were by resolution ct that date, directed to be printed
for the use Cf the city,
The Act of 1853. amending the Charter. went into
effect on the nth day of April OF that year.
On the 10th day cf December. 1853 resolution wa
pissed and approved that the Clerk OF the Common
Council be- and he thereby authorized and direct
ed 10 cause tn De- printed and bound 500 copies ofthe
city charter and kcn notes, Gi an expense NOT 10 eA-
coed the amount Heretofore paid therefor the same to
include all the amendments 10 the date Oh the res"'n-
tlun.
1, was under this resolution that the CLERK employed
the plaintiff to do the work for which this action was
brought.
ON the 26th day of December 1853. a conmanica-
ton was Addressed by the Controller to the Common
Council aud presented 10 the Board oi Aldermen
the Sh Of that month relative 10 the public printing.
II referred TO the Finance COMMITTEE but no
port made thereon
On the eth day Of August, 1854, a preamble aud
resolution was presented to the Hoard OF Counemea
intended 10 provide for cont acts for printing but
the same were, ON the 18th day OF September Of that
year amended 10y the adoption OF the following reso-
luton
Rc,oroi That nj. Bsrd hc Board Of Commitment 10
r.y .aii'hd with III existing oH'a' arA Me..fs Msea
@ si and cn B So, Co. IN pu Si n. i ne
d Department 81 'giy and nCoTdngy e,onnncnd that thu
ON the 18th day Of June, 1855 the Common Council
by resolution, approved by the Mayor on that day,
directed the Controller TO pay the plaintiffs bill Tor
work done under the resolution OF December the i,h
s52-lthe work now sued fOr
The bill had been presented February the 9th,
1855. and payment refused 10y the Controller.
II is admitted that this work not advertised for.
j. W. Edmonds, for plaintiffs. a. X. Lswrcnce.
ir. for defendants.
SIossoS, J.-By the oct to amend the Chsrter Of
the CITY passed April 1919 the legislative power The Corp.
nation j. continued IN the Board u Alerusa and Board u As
'i.'an ,ouher sLnins hcic oTmoa Co,ne whe th whs
sud such other executive officers should b. from time 70 tune
C"nmSn ConuS nor any 3omme ct M. InIer ,lsTf hal
perform any executive sness Whsevcr rnrpt such - or
shall be- especially nad them by the Law u the State and
excepting also The poxet TO approve o rcj nomnsisons
also provided by aid A., that al contract. to he made OF
~ by authority of TIE Common Cogncd m wo 20 done OF
p d. Of Dpa,ae@i. Under .a@b rsraau. :, . s..s
" Tiled by ordinances Of the Counon CouD'n" tscc %
neu. sud the officer. sud clerk. thereof shall b. SUBJECT 20
the legislative regulation and direction Of the Common Council
$50 far as the same ssl not h. Inconsistent ~fh the A sad
the detes thereof shall b. performed "a accordance with the
The provisions Hndi'sud BY the As' further . Anena
the CHARTER Of the City" passed April H. 1883 ex BY ths
latter Act Board Of Conen Is substituted Tor ths, VI the
BY tie Act Of 1853 provided t.e ~ hn, "Awors to b.
"o all supplies BE- furnished ti The Corporation HgOyny
exvnd'ure than 30 shall h. BY contrast founded
aed bids proposals. nade In compliance with pubic
when given shall s. en to the lowest bidder with ,dssa.s
;scuy AL such bid, or oPosss, , .ss b. Snsa y -.
Controller and such d the PARTIES making them may drdreo
In May TN Common Council lpa..ed snerl ordinance
organizing the Dpsmsns Of the Municipal Government and
psicnns tier r1 ,s ana due. o,
do Ind any provision tho sen.s ordinance Of May
TO- made the subject Of eosnnaee q Department. oa
the contrary the snbc, Of printing Il ear'f eieladedhon
Council have retained especially under s own cos
The powers and duties Department Repairs and Sup
plies defined by the act Of 1919 (s.e 49, the taking cog
n noysm.st rrear ~ p1sie biiinss 70 De ssaae.
s. and sppsratu- Of fIrr Department.
By ~ Of the ordinance the duils Of the Department Of
ReaiIs supp- defined 10 b. following sksfantsy ks
@ q lS9 ths making ,nd rlsins tho publ Io's. con
Inc ,b publ office. h COrpDrstion, tbs
room. A viii; fuel snd al o,r thing. t-r-ior el
the Buissg Public Bains. % wh'h referred Tho
Se with fue sud oil other things Necessary theret0
By cis 90 tn Civil Oacer Of this Depar,men, 1, r-qr-d
Ito adv,r cot matt. aud make gF the svrrk
,irc and supplies enuneNd falling within the province
may directed By h Common Counr 10 b. " rn.h-d
under the .qpen ision Of his Department"
the dcsriP.n Of ba, in conioysy nt !. quit m.nie.
FROM ,b las. cag.s Of e,lon 9'3 tia. the Common cea1s ey
Dsnt the sulci Il other Scts snd supplies than ,b-e SPECIALLY