New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-02-25
MR. BUSTED AND TIE CITY.
LAW DEP.RINzYr, OFTIcE OF ruE COUNSEL }
TO THE COHPORATfoS,
NEw.YonK Feb. %. 1879.
JOHN sEERS An,
DAVID RfrGhIE.

~ 81
Of Feb. 81, 1859, certain statements are made coz
corning judgment recently recovered against the
city by SIR. John Petigrew, which renders it proper
for TO address You upou the subject.
The suit 10 question was coumenced % early a.
August, 1851. VIXEN the papers were seat to the Law
Department, | immediately ia pursaancc Of rule
al established and which still observe addressed s.
communication n M Flsg2 the then Controller, al.
vsiug him Of Tie suit asking him TO farnish me
with any facts which could be set mp by way oil do
fence. In reply, ! received from Mr. klsgg con-
muricatirn 81 which the following 10 p COPY:
FS'ScE DEFARrNENrscoNT 1, s,0, OI ,s,1
RfrhayS Ru,te,s ,,7, Course5. DC
DsAS En- ~ S sS,~ ~ 3ID. o. oS1c p...d Se Con-
mon Couoci for regulating gazing sxytsd street. BE-
tween filth and sixth On The i0,n Of Soycm6.r
$50! tract was msis with John Psttgrew 10 conglte
tie ID whh n b. hr,h@t in ore y@sr Ths act 20 aAe
lands ~ toe Central PAS va, passed Iuiy q 1851
On the .sth Dtcrrber S5 the Common C0uuch pasled
resolution directing the Street Cmmssoner - disoonaus tne
sey.Is cortraets for grading streets ~ln tle Of
ssid Pak no lDdns iris rsolud'n the corrn CON
tIued this work uulil neay 'ee coe of teoay 10
which tiurl the certificate Of The work honed ~i male Up
BY Robert j. Dodge City surveyor and ferr irgfY tl-
rscts and tho assessment amounted - - OF Ssh
2 = ssse'ssd on tae Park and 1911 "a Gu The Ss4e
ita te Zen from these f,. ,h,t the Common Coanll
pssteo re'ol % dcoutiont sh woit ys %. e-As''
90. now falls % me oiiy
Win respect the hinK Of On-huuo led Gndoyreenth 10
Ore buud "a ~euty thd streets Avenue sad ssoa ID
coy a the contrast nor Az demand a- been lied
In srs-e n your etfer Of sep@ber la1 20 clain Of
C Il Purey for thrd .o9 seyea Ensne',,s would
and dicor'innins sui Respectfully your'' v,,o,
(siIed) a l. FHA"S
Il viii be ob.erved tina. 10 slusion wlstsyer i,
made to the sleged er6sue OF the word Twenty, ia
the contract and the alleged substitution Of the word
forty therefor. These facts, so material If true
and fonacg 90 complete defense 10 the wh)e c.lm,
are kep, nom the 2 owedge % the Lsw Department
G..u 81 NIL =
utli is 30 sLed AMI the flWo p Fgd ~ appeal tleTe
no has expired notwithstanding the tendency Of
the suit vas MISTER known to TIE Stree. Department,
az well "a 20 Mr.. Fi6gg.
pot opIy wrote as above 10 Mr. Flsgg but find
among the papers IN the suit, memorandum, in the
h8nawntiDg Of Of my assistADtl IN these words,
Peltigrew vs.. the Mayor Sc. Turner (ths then
Deputy Of Mr. Taylor that there is no defense To
fhe claim filing sunkep iOts-thst it IL as tair
tIansactiOn az ever existed
Tplp this Information from the Finance and Stree,
Departments the answer was drawn, AMI the defense
subse quenty conducted and the first notice have
TIE e1sterce Of the alleged fraud Is the cOnnnnici
tiou 70 you from the depaiy Of Mr. smith, too late to So
mp ia the padirgs, and too late to get before the
referee.
II becomes now my duty as II is my pleasure, % in
form you that sltnODgh the claim has passed into
Judgment ! entertain doubt that tho C)uIts, upon
my apple 1tiOn, viii relieve the Corporation irOm /.
eItrey II TIE s.atf mcuts Of the Street Department
can be- subsautiated. II - important II your honor
able body shall be Of the opinion tia, the allegations
If fraud are well founded that the Counsel Tor the
city should Al once take to have the case
opened and The judgment set ssiae Hs any unnaces-
ssIy dclsy 10 DO 20 would, 0f itsei be answer TO
In view Of this, yesterday sent communication
10 G.. w. Smith, esq, tns Street Commissioner of
which the toloEing j. copy:
Law DEPARTMENT, OEficE OF TIE COUNSEL yoE
ma CoSfosArios, FEB. u, 100
GrsrAyus ". SMITH, esq, Street Commi'-oDsr.
Ccurc under da u Feb. d. l53 % b. made
compliance win hs sh section Of le aneaeea qtansacs
recovered By John Pettfs against the city on Contract of
regulating intro IN wilton l. 10 atei tbag there has
been seTsoa OF the cJf@s ~ me amount agreed
D. paid for eerth hi0g.
ouuc Of DEF. notwithstanding nave ms written
the al. Controller corcsrnus H. and the
p.on The sss q s claim ans dea.s I. De
40 Dnsuc AZ tu tsreIs VI yolf Deputy If tasy can be
ton 70 ct a.ite tho llogmer Irequss hat you viii 81 once
.snd % IBIS Department .otp ',sso Of .ae alleged hAad
EiCHARD BUsTEED, Counsel ior the corporstLn-
AID received ~ II the following reply:
hEw.roEK, Fsb 2; iasJ.
RicHARD brsTrED esq, C7rPontion Co1asel; ,-.,--
ST. 10 recey, u your tsr % thu di-, 10 ~ stOn
conu1l1cstion ses by yssssroay "a. Ccaunoa
0S1e N 'as 49, ~, 81 as 1e I'D
without reference to rner sc'oo In me matter
,ns I'D wa ye 20 .sch scoa as ,J ms
ihiHk proper. upon statement Of fa; 10 deemed hE
penn % 5 a .Sa 81 ~ s 'a nd .s Be- psa.ed
70 eio.e ton ~hish derived me aiorm.ton
sy - deemed Eece'4Iy and proper for COOPERATION Ia The
70 nct frd upon tie records q .hs Office any notice Of
r.t" b. tie former DsPuy street Conrssonsr
M . \" srb) nor tay s..L iio Je4f Department cal.
"a r alton b tee ~ Wa ncl the itsisaeaE MADE 81
Ey reference 70 ny Communication % the ca cosn-
c yo1 vii otsTys TIA. rsse BY - Actsg sre,t
@ nissrer Mr. snh IA slsh sGd TO- Department.
ia n u .iisa csyiez t6s mad lent as:afs
lsreot % B. pad, eviesS ~ The pr'2 oer,Id.GHtv yt
'' ~ Dspssy Ard Ac.rg Stree; caslaisii,ssr
understand tbis letter to be refussl to give me
The necessary information upon which your ins.ruc-
tioLs 10 ne 10 move the Court 10 set the Judgment
sside might proceed and a. have no authority 70
"nitiste proceedngg or suits FOR the city, respect
fully sugCes. tha. YOU cal the Street CommissOner
10 furnish Immediately With the proofsin hs posse'-
ZION or under bis con roll estabisniDS, or ten11g ID
establl-h the alleged iTaGd.
The 10Th section Of the ordinance re-oryenzirg She
Law Department, requires from time 10 TINE 70 re-
port 10 the Common Councl the condition OF the Law
Depar nent aud 70 suggest 6uch matters IL respect
thereto as msy deem necessary or proper.
1 ctem this fitting occasion 70 eau your attention
o CERTAIN matters connected VITA my Department,
which CONCERN the public interests, AMI upon which
he pablo mid appears TO be somewhat exercised.
Ard lrst 10 Inc lsrse amour. Included in the Tax
Ley ja0gueuts. OF the $4,000 required and IN
ssEsd therein, sliO,OO is for the nsrke. site pur-
chased by the Common Council from Mr. LoSber, and
the eIpeIse attendant upon tie litigation Of the claim
by Dir. tisgg. Tne history OF Inis csse you arc
familiar VITA. Ny osn action in il mas received the
approval Of tie Supreme Court, and could neither
have nor dssire more complsts yindicatoo. $40.
7l5 a Of il Il 20 pay the State II Sev.Ycrk the
sl1o0nt retained BY NJ flsgg from the sam due toe
state iron the County Of New YORK for toe too and
aaE mil tax To this action there vss really 10 de-
tense but sDsEer iolerpossd for delay At sir.
tlsggs request, 10 order 10 pct OF psY 1en. soich
II tIcse admitted must 81 sast D m.ds 80 IS! 81
Ct lie ~H o0tt j. " pay asaTd u ar. Rsyao'ds
winch 1se pace. NO q iGe5leaI Tie esoL a,o,s