New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-01-12
HOW THE PEOPLE ARE SwINDLED.

usrsEtr DU.arsrsr, osfeE Q, sTsktr 1879
To "A. Rs,s,aUe tie co~~on covAea Of s Guy c Ne1 f''s
Section % of the Charter requires that every nead
of Department shall report IN writing TO the Com
mon Council quarterly, the state OF MS Department
with such suggestions in relation To the improve,
ment thereof and to the public business connected
" Herewith a. he may deem advisable. "Hn sucn
requstion II becomes the duty Of the undersigned a.
head Of the Street Department, to comply, ana ne
therefore respectfully presents 10 your O0uJ
the following report:
Since he entered upon his duties the Department mas
abOred under the ernbarrassmenis oil prouaSSu ~
CATION and of not being officially recognized oy me
late Mayor and Common Council, and "a con-e-
auence thereof opportunity has not been allowed Tor
that full and efficient service which its present oTgani-
za.ion con;empates in the correction of ABUSES
heretofore practiced and the effectng healthy re-
straint upon expenditures incident 70 its affairs Inc
litigation referred 10 had is origin in Al attempt on tue
part of the late Mayor and Board of Aldermen TO ;u'
persede the undersigned Street Commissioner, oy
The appointment OF Charles Devln 70 the office, aud
| n the further action on the part of the Mayor III
taking possession of the Street Departmenttby force
n behalf of said Deylin. An appeal 10 the Supreme
Court resulted in decision in favor OF the under
signed and he restored To- his Office and the
record. and documents of the Department duly placed
INTO biz possession, and an injunction granted restrain
ing said Devln and all parties acting with or for hun
from interference in any manner with the Department.
olEn doing any act Street Commissioner, copy OF
| which Injunction is annexed marked Doe. No. |.
Yet, notwithstanding the full and explci; decision of
the Court sub,antiatiry the right of the undersigned
| 10 act rs Street Commissioner, the late Mayor ana
Common Council to the end of their term refused an
official recognition of the undersigned, and further ltl-
CATION was commenced in the name OF other parties
claiming to be taxpayng citizens, ana IN consequence
the Department is restrained by an injunction IN
the discharge of OF its most important duties, VIZ
| the making Of contracts for opening and regulating
supdry streets az directed be done by ordinance OF
| thesCommon Council. The njupctlon was granted by
| Judge Ingraham of the Court of Common Pleas on
the Application of Patrick Tracy, and its effect Is
TO put stop for the time being to large amount OF
work in the ,openng and regulating OF streets, which
could at this time, without doubt, be accomplished at
most favorable rates of cost and be productive OF
vast amount of relief to labOrere now suffering from
| want OF employment ,
10 obstruc. the performance OF legitimate duties OF the
highest Importance the City will, doubt IN due
course of law result in like failure as other efforts
| previously made ..
in re fsing to recognize officially the undersigned was
| initiated by the Finance and Law Departments, anu
the consequence, as might have peeh e3 h th o.
pected, has been that ovef-P"y r' amount 70 con.
toctn,s and others and the City Treasury has been
defrauded of thousands of dOlors by judgments oo-
tanned, without any determined en.,s on Tue par VI
| ton o Of chapter of the ordinance reorgahizng the
Street Department, requires that All moneys pay
liable by the Corporation for the performance oil con
| "tracts or for work done under any Bureau IN the
"Street Department shall be paid by the warrant OF
| "the Controller, drawn upon the requsLlon OF the
"Street Commissioner. Ii is therefore apparent that
the Controller can legally act only i'll concurrence
| with the Street Commissioner, when making pay
ments on account of the street Department; yet II
appears that the large sum of sId ~ has been paid
by him sundry contractors ana others, from time
TO time since the undersigned umed the charge of
the Street Department, up to Nov. III, 1881 without
any requsition inquiry OF or reference 10 the
Department. schedule of winch payments iS an
/ neIed marked Doc. No. y Many of these payments
are known To be wrong; some In excess of legitimate
claim and others in direct and illegal overcharge on
contract That such results should ensue, il not at all
surprising wh.n the checks instituted by law di:
pensed with and parties having claims To be paid left
10 arrange heir demands according to the facility thus
| afforded for settlement. Had those cians been
regularly submitted to the Street Department, and
paid only upon the reQuiSition OF the Undersigned
prescribed by the ordinance the overpayments would
| not have occurred. In respect to the Law Depart
ment it would that the Corporation Counsel has
| zone even beyond a non-recOgnltiOn of the under
signed and the Street Department under him, and that
notwithstanding the decision OF the Supreme Court TO
the contrary, he avowedly has recognized the said
| Devin and his assumed Street Department a. legt-
| mate, upon mistaken assumption that decision to
| that effect had been rendered by Judge Ingraham
4 in the Court Of Common Pleas; and upon
the strength Of such assumption he admits that
when said Devn and his appointees sued the Corpo-
ration for salaries he refused to allow defense 10 be
set up against the legality of their alleged appoint
| ments and consequently judgment was obtained IN
every case by virtual default, which judgments,
i
paid and the treasury thereby defrauded of some
| ESQ. 0OO A schedule of said judgments il annexed,
marked Doe No. 3. II is much to be regretted that
the Controller did not deem 1t az expedlent IN these
fraudulent cases Ia take upon himself 10 maxi de-
tense in behalf Of the Corporation, and 10 employ
counsel outside Of the Law Department, as he did
more recently in the of the LOwber suit for, had
he done so, the saving Ia the treasury In the former
would have been nearly large a. in the latter
| BY the ordinance recognizing the Street Depart
ment before referred 10, the Chief Engineer OF the
Fire Department has bureau assigned To him III the
Street Department and he Is charged with the duty
If repairing engines, hore-csrs, hooks and ladders,
and other machines and apparatus for the uSe OF the
| Fire Department; and his transactions respecting
such repairs to be under the CONTROL direction and
| supervision Of the Street Commissioned.
The Undersigned however Is obliged to report that,
since he has been acting Street COMMISSIONER the
Chief Engineer has not regarded the requirement OF
the ordinance and his transactions IN the discharge OF
the duties assigned him are unknown to the under
signed. His action furnishes another reason TOR placing
the Street Department III it, proper position Of respect
| and recognition among the Departments; for the ex-
penditures OF the Chief Engineer for account Of the
| Fire Department have been Il theme Of public CON-
| ment for some time past.
The undersigned further reports that the Street De-
partment has been fully organized by him. under the
ordinance and il is a. il has been all along prepared
10 discharge the share Of executive duties assigned TO
H. under the Charter and ordinance; and he trusts
that your honorable body will not permit the public
interests longer TO suffer by the obstruction Of public
works and the squanderng of the public money IN
cases appertainng TO the Department; but that meas
ures will be promptly taken to cause proper recog-
milton of Department second only TO the Department
of Finance in the City Government. II is proper to
add however, that, while he IL fully disposed TO re-
cognize and admit his responsibility as head OF the
Street Department for the faithful performance % all
It's obligations TO the City, yet in view of the non-
recognition of the Street Department and the sssump-
ton Of the Controller and others TO act upon matters
appertaDing to the Department. without concurrence