New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-03-10
LOWELL ". BUSTED.

Mr. Lowell, Deputy Street Commissioner, in his
answer to the Counsel to the Corporation, upon
the matter of furnishing information TO the Law
Department, offers an instructive commentary
upon the msnper in which the public business IS
performed. On the 2lst ult. Mr.. Lowell Informed
the Common Council th.t contract with John
Pettigrew, for regulating Shty-third street had
been altered after its confirmation, 90 Is to make
large ference in favor of Pettigrew. 1t seems
that the contract was made in November, 1852;
the work to be done in year. In July following,
the Central Park act was passed, which should
have Immediately suspended all work within the
bounds of the Park. Pettigrcw's work was so
situated. The Common Council, however, did not
interfere until the 28th of December; and even
then Pettgrew refused to stop, but kept on, IN
defiance OF law, until near the close of February,
1857, when City Surveyor made up the bill of
work done at Sl6l of which S9,272 was
assessed upon the Park, and &c. 900 upon the State
Arsenal property; and so the whole assessment
fell upon the city at large. OF course, Mr.. Flagg
declined to pay so impudent claim. Pettgrew
sued the city; Busted asked the Street Depart
ment what defense he could make; Turner dep
uty under TaJ lor) replied that there was no de-
fense-that it was as fair claim as erer existed.
The case was referred to Richard Mott who, in
January last, decided in favor of Pettigew
for the claim, damages and costs, footing
up 500 $50, which interesting sum figures
in the Tax Levy under the title of "judg-
ments to be paid" So far Pettgrew had sailed
smoothly. he had done great portion of the
work without authority; he had overcome the Con-
troller, beaten the Corporation Counsel, got the
Referee on his side, and the Judgment in train for
payment; when Mr.. Lowell happens to find that
" somebody" bad tempered with the original con-
tract, by erssipg twenty" and inserting forty"
cents per yard for earth filing. Mr.. Lowell at
once informed the Common Council, aud recon-
mended tha. steps be taken to set aside tho judg-
ment. Although in no manner referred to in
Loyell's letter, Mr. Busted immediately replies
that he knew nothing Of this forgery, and gives the
history of the case as We have above related. The
burden of his defense s that the Street Department
should be responsible because they did not furnish
the information in season. He then requests the
Commissioner TO send to him a sworn statement OF
the alleged fraudulent alteration, to which Lowell
replied By saying that if be proposes to attempt q
new defense, be viii indicate the sources of infor-
nation rs to the fraud. Busted, in evident i'll
humor, interprets this answer into refusal to
give the information, and appeals to the Common
Council TO compel Lowell TO furnish the required
information. This brings Mr.. Lowell out in q
letter 10 the Common Council. in which he
hat tha
had refused to give information, and adds that
Pcttierew's complaint was amended only last
December, which gave Busted the right to amend
his answer and add any facts; but that in devi-
alton from the usual custom, Busteed had not called
upon the Street Department at al, and Mr. Lowell
had no knowledge Of the tendency Of the suit; and
therefore had no occasion for examining the con-
tract. He ADDS that on previous occasion, when
the Street Department had requested the Law De-
psrtment to prosecute certain Deputy Collectors Of
Assessments for the recovery of large sums Of
money alleged to have been withheld from the City,
Mr.. Busted declined alleging that he could not
institute proceedings without! the special direction
Of the Common Council. Because of this refusal,
Mr. Lowell thereafter addressed his revelations to
the Common Council. He denies that he declined
TO furnish Busted the facts in tho Pe.tgrew
case, and says that it the duty and the practice Of
the Law Department to put in proper legal form
the facts to which other officers are to testify.
And from al these accusations aud explanations,
we infer tina. the Law Department is By no means
anxious to open the judgmen. st all.
Mr. Lowell shows that in other cases no cal has
been made upon his Department for information;
or if made, at 40 late day that it WAS i'm possible
TO answer in season 10 affect suits In the Hsrsen
& Clark judgmea! Of SIS, 500 for work raid to BE-
doDe on Eighty sixth street--a complicated case,
involving two contracts and two i1iunctions-
Busted waited until the day before i. became ne