New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-03-10
ar, to proceed With the defense. ssd then seat

cesssry TO proceed With the defense. ssd then seat
70 .es M.yor who referred his letter to TIE Street
Commissioner. or coar-e, there was sos INA to
do Justice to the care. This is particularly aus
picious Job. The contract VAS NOT made With
Hsrseu. who WAS the lowest bidder, bit VITA
OMesrs, and subsequently, fell TO Hsrsen ct Al
sdysuce of 5000 on bis own bid. Yet referee,
Mr. Fullerton, gives judgment against the city.
Other cases are mentioned, involving ia ali nearly
$4,000; but, except in ore instance no call was
made By Bas,eed upon the Street Department! for
facts to defend the suite; and although 10 two
cases fsct, were furnished which were thought
amply sufficient to defeat the clsims of the plain
ti,, Mr.. Lowell says there is reason to infer that
such facts were not used with such force as they
should have been in defense.
The two Departments are st inue only upon
technical points. Busteed feels uneasy under the
responsibility OF such a. that Of Pettigre~.
Had be defended il at all, be must have had the
original contract as the first psper in evidence on
the other aide, for upon that is based the CLAIM.
VIII be pretend that this contract was thus pro-
duced CT that he ever saw it at all And if his
duty was thus slurred over, with what justice can
he attempt to throw the responsibility upon the
Street Department, which has nothing to do with
suits at ALL Beyond doubt this fsgrsut case was
prosecuted to fioal Judgment without any pract-
cal defense a. all And if SO, the blame falls on the
Law De partment Only, which is bound TO get facts
ia such cases. without waiting for other branches
of the Government TO volunteer to hunt them up.
IL -, -. I.tta u,t
Of what be has done during 1853 in defending suits
lie says four hundred AID twenty five suits against
tie City have been brought in the Justices and
Marine Courts, and about two hundred in higher
Courts, not Que of which has goae by defsult I'M
less by direction of the Controller, upon written
statement from the head of the proper department.
that there was no defense. Yet, with all this i'm.
meme public business, we find Mr.. Busted ap
pesriuz all through the Court calendars as coun-
sci in private suits.
From these statements We gather, or rather in
fer, that it is quite common to take important suits
against the City out of the danger of jury's COM
mon sense, and leave the whole business TO be ad-
Indicated by a referee, who hears in private and de-
cides without shadow Of responsibility; that only
plain cases of salary for instance, 50 to the Courts
aud make fees for lawyers Leaving the big jobs to
the manipulation of three persons of course per-
perfectly disin,erested-the clansnt, the Corpora
ton Counsel and the referee. Who ever heard of
referee deciding in favor of the cisy' Mr.. Flagg
few years ago gave the history of certain referred
cases, which bore a most suspicious character, and
we do not believe the business has improved in
honesty since. Assuming that so far however, all
such settlements have been just and without blem-
ish, we submit that in our Judgment any smart
attorney, whose conscience is Of toerable elias
ITCHY, might make twenty thousand dollars q year
in defending the City in referee cases, and
divide Handsomely with the referees at that. The
system is al wrong, and it requires higher grade
Of honesty than most City officials are credited
with to withstand the temptations which are thus
opened to them.