The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-02-10


ment thereof in anticipation Of the collection thereof from
the property owners upon whom such expenses may be
Department of the said city, Of which deponent the
head having charge he making Of the claims OF con-
vember last made up the amount due TO the said Ftz
patrick under the said contract at the sum OF $l2S23 lO
Sssu me % sum 10 ~ and css - maIe
| cut bond or bonds for that amount, and
to pay the same to the said John Ftzpstrick tina.
in making out bonds at the office. they are issued
only in even hundreds the fractional parts being paid In
cash by check upon the Chamberlain that accordingly
three bonds made bearing date the 23d day OF
November two for S. COO each and for 81 500, and
the balance, $23 10, was paid Dy warrant upon the
Chamberlain payable to the order Of the said John Fnz
patrick that the id numbered II for 50 OoO
y for 00 and 70 tor 81 500 and were duly executed
ny the proper officers according TO law and delivered
bind II to Charles Devn as appears by an endorsement
the said bond and delivered the said warrant to him,
also appears by endorsement the said warrant
for the dierence that the said bond No. II after
wards assigned to Hawey and Bradford, by the said
Charles Devn, and by tho assigned TO Jacob A. Robert
son, who surrendered the and took out bond
thereor depoDent h be s ignorant as 10 the other two
bonds wbether held by the said Fitzpatrick, or passed
away by him to other person. that deponent has
been informed and believes the eaid Charles DevR
interested in the said contract or the work done under
cred, by examination of his books and those kept
by the said Smith, and comparing the entries Of said
Smith with the original assessment, it appears that
the original entry properly made Of the right
amount the deponept believes and that the figure
~ was afterwards placed before in the entry upon the
ledger bu. how this was deponeDt cannot state with any
absolute certainty DeponeDt saith that in all such
the bond or bonds are made out for the whole sum- or In
such as the partes 10 whom the same are TO be
paid desre but whether the said Fitzpatrick or his
clerk Brannean 10 whom the said bond and
delivered for the said Fitzpatrick desired the to be
in diff. rent bonds, deponent cannot state. Deponent
saith that the said corporation, by the said acting and
dopgs of the said Smith and the said Fitzpatrick have
been cheated and defauded out Of SO represented
by the said bonds Nos. H. ~ and 49, Deponent further
spred with the said smith to cheat and defraud the said
corporation out Of the said of C0o that the diff
terence between the real amount to be paid to said Fz
patrick under the said contract and the paid in
manner aor esad great that in the judgment of this
dponent he must have known that the corporation would
be defTauded TO that amount Deponent therefore prays
process against the said Smith and Fitzpatrick and that
they may be dealt with according to law.
Sworn to before me this 25th January, 1855. A. S.
| CADy, Commissioner Of Deeds.
Charges against A. G. Flagg, Comptroller,
Preferred by Olcott Rhines, In Rs56.
RHINEs vs.. FLAGG.
The following document bearing upon certain charges
az aDst Comptroller Flaeg furnished by Mr. Olcot
Rhnes to the Committee of the Board of Supervisors a
| pointed to investigate the NATTER
| To THE HoNoRABIE COMMITTEE THE BOARD OF SuPKR
GEsrESxS- Having presented {, your honorable body
communication in which the Comptroller charged with
deresction Of duty, and being requested by TIE Com
mttee that such charges made should be presented
| in written communication, proceed 70 comply with
\ your request
In presenting this communication wish 10 be dis
tincty understood that II is not with view 10 give
p esson, in echo, the popular denuncatlon of the
Comptroller for certain Official acts committed in the
the refusal 10 make payment OF claims against
the Corporation Neither is my intention 10 present
myself voluntary prosecuting party TO arragn the
Comptroller on charges which alone properly belong TO
the Common Council e Board Of Supervisors
tgate tending TO preserve the confidence OF the
munity TO tie causes the manner of expenditure Of
onerous amount Of taxation. II these matters not
such as TO us'sy an inquiry in behalf OF the peopcfor
no other reason than TO dsprove the assertions
heretofore made and seriously dslu bng the minds OF tax
payersh, repeat these matters not ia condition
10 justify demand action on the part Of those whom
the people elected 70 bave general Supervision over and IA
promotion OF their interests, II IS FAR ffom my intention TO
retpas upon the hts, prerogaves duties VI 9th
either IN ofcal or OF private position ln explanation,
and that my position may not be misunderstood AS an
tcal would state that the discharge or duties wherein
every real estate In the city n interested and
particularly every person ~ho intends to purchase rea
estate, cla m that certain facts have come under my
obser vaon which facts require good citizen 70
present 10 you for thereon order that remedy
may be provided and the interests of tax payers be
| tect4d.
To proceed to the charge to be made would refer to
the DUTY Of the Comptroller as defined by the charter and
Section Of the amended charter Of 1s4o says-There
shall be an Executive Department, whchSha be denomi-
mated the Department Of Finance, whch shall have
troll of all the fiscal concerns OF the Dorporaon and shall
prescribe the forms q keeping and rendering all city
counts whatever and all accodnts rendered TO kept in
the departments of the city government shall be
subject 10 the inspection and revision OF this department
II shall settle and adjust all claims whatever by the
Corporation or against them and all accounts whatever
in which the Corporation concerned, either debtor
creditor. The chief oicsr OF the department. shall
be called the Comptroller of the city of Now York"
This language II clear and explicit aud imposes as
duty on the Comptroller TO prescribe the forms of keeping
All city accounts whatever and confcrs the power To in
spec and supervise the accounts OF the several depart
The ordinance of 1sio organizing the department
says-Arcc l-Of the Finance Department: 1.-THE Depart
mcnt Of Finance sha have control Of all the financial
Of the Corporation and shall prescribe the forms
keeping all city accounts whatever" II is that
with the power there vested in the Comptroller that
perfect system Of managing the nscal affairs and the
accounts Of the "ohy government should be
whole such system should work with all the perfection
and correctness TO the standard Of the business trasac
tous 6f well regulated mercantile establishment
banking house and that clerical should
cur that the system adopted would be found accurate
enough 10 their immediate correction; and Il will
certainly be admitted that this duty involving vast
| sponsiblny, rcsis In the Comptroller
The duty Of the Comptroller being thus Defined let
then irqure has this duty been perfornedY II not, Is
continually dcrelicon 90 the TaTt OF the Comptroller
What the condition Of the nsca concerns Of the Corpo
rstonf Il there any system either OF receiving public
moneys into the treasury OF making payments herefrom
Of keeping the accounts OF the financial Affairs OF the
let me now present the facts within my knowledge
l. can make search by one set OF books, and return
nothing found and by another set Of books return, say
$500 Ihs fact wen known about every lawyer in this
city ransactng real estate business do not know OF
collector OF assessmets that has fully and property ba
anccd hts since the formation OF the city gov
erpment do net wish understood that they all
or any OF them defautcrs Previous to lsio am about
the cark n the real state Of the accounts The
plant made previous the last TO the Comptroller
ON sson OF $40 600, which has been standing twenty
ycart or more, pp-tnf Ia
which cx Recorder Elou Interested amounting 90
about 81 eco, and remains unattended 10.
Other similar, almost daily come under my OBJ
servson involving large amounts Ofmoney These facts
may appear Of trivial importance, bons Of
dinary character; but, gentlemen, contend that a
proper system existed OF keeping the city such
errors should In addition 10 the loss which the
Corporaou may sustain from not having the accounts Of
the city government kept correct and faithful
in addition TO the loss which property owners may
sustanin addition to the annoyab and uncertainty Of
affairs connected with liens encumbrances real
tate hc city msy NJ any time become involved in endless
litigation n the books connected with the levying and col
lection of taxes and assessments not accurately
managed If full examination entered into with
reference 10 the books OF the several departments the
pay yments which have made authority Tor such
ments the examination into done under the
terms OF contracts which may may not have expired
and other matters connected With such inquiry re
late 10 the financial OF the city, could but
La nf Irnrn