The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-11-04
NEW YORK HRRALD, FRIDAY, NOVEMBER 1862.

NV IVNA HMISAHDD ~
and deliver ss Sonds q Ne city g. ss prssscuou Of the
ws.ss thew csnpiisnos Win -
The st resolution lost the second and third were
adopted and the fourth being declared out OF order BY
whole matter was defeated and dc Comptroller tacy
sustained in the position he has assumed.
will thus be seen that all efforts made at negotiation
with view to ancable adjustment are, therefore,
rendered nugatory by the action or the Common Council
The effect win be stoppagc OF tho supply y water, and
the disasters which must necessarily follow will fall heavily
upon the city Tho effect will be that the city will be rem
dered liable FOR large damages under the contracts FOR the
pense the city will DO subjected to- There are up TO the
present time, 5000 persons who have paid their tax for
the year in advance and entitled to water for their
dwellings acories dislieres, breweries, forty boats
&c., &c Will all these interests quiet and conteued
10 full view Of tho which stsres them in the aces We
think not and inclined to agree with Alderman strong,
who stated in the Common Council on Monday night
that the city weuh be subjected to twenty nve
years OF litigation for damages and the youngest innao
tant now alive would not live 70 the end Of tho diff
Guilty which II would produce.
Thus far the city has received upwards Of 500 600 Tor
water rents, which money 10 10 the city treasury.
II the decision recently delivered by Judge Lott Is cor.
rect it evidently leaves tho entire control Of the water
and the Common Council have nothing whatever TO do
with it. The Commissioners should at once, therefore,
take measures TO pay existing liabilities for tho contracts
and suspend the construction of the works until tho
higher courts mako final decision.
Although Welles Co. are not party TO this water
parties Uhe Commissioners and the cty) while the city
made the pack horse to foot the bills The contractors
xSs up s 70 os has y met their
from present appearances there's doubt but that they
viii continue to pay their sub contractors In November as
they have in October Tho contractors have in fact the
whole matter In their hands far damages them
may accrue, and yet they are willing to make any fair
and equitable arrangement at any moment They have
doubtless sustained heavy to their credit for which
the city must expect to pay.
To sum up the whole matter, will DO seen that while
members Of the Common Council have charged the Com
issoners with procuring the passage Of the law which al
eps the plan and the general features of the works. which
caused this difficulty they themselves have been alone
at fault The Commissioners have acted under legal al
vice, and in accordance with legislative enactmcnts The
opinion Of Judge Lott shows that the Common Council has
recognized the validity Of the act of 1859 by appointing
permanent Commissioners and paying their salaries The
opinion of one of the counsel in the mandams case shows
clearly that the adjustment Of tho whole matter rests with
the Common Council, who by simple resolution, could
have approved tho acts Of the Commissioners and thus
stopped all further grounds for litigation Their refusal TO
do makes 1t appear that they have something besides
the true interests Of the city at heart IT. therefore, the
damaged by this course let the responsibility rest where
properly belongs-upon the Common Council Of the city
of Brooklyn.
THE COMMON COUNCIL SIDE OF THE sToRY-CARD
FROM ALDERMAN DOUGLASS.
TO TIE EDITOR OF THE HERALD
Presumpg that your informant of the items contained in
the HERALD of this date person the interest of the
Water Commissioners and contractors In Brooklyn on the
water question: and furnished regardless of and In
direct violation Of the truth and facts they actually
exist would respectfully point them out and defy proof
TO the contrary Of what is stated in the article as
false.
Tho stoppage OF pumping water by Weles 4 Co. was
not occasoned by the action of tho Common Council on
Monday night, but freak Of Welles Co.. force public
opinion and intimdate citizens and Common Council
into an acquescence Of increase of tho original cost of
the water works million of dollars, one-haif of
which 70 for change In the plan tho original OF which
was fully endorsed in writing before entering into
tract as perfect and completes not only by Alfred Craven
Consulting and j. P. Krkwood Chief Engineer, but BY
the whole Board of Water Commissioners, in comunca-
ton to the Common Council since the commencement Of
the canal plan in which they clearly and expressly state
that the canal plan will fully come up 10 the performance
Of duty required Of IT, No danger is epprehended that
weles Co. will discontinue pumping water long enough
responsible in damages for compliance with their
contract which should have been completed July 1862
and turned over to the city, full ample and complete.
The Comptroller did not act under the advice d.
recton Of the Common Council in resisting the
under the act Of April 1859 for an increase Of the
original cost Of the water works and city debt but solely
upon his own Judgment (beng lawyer, backed up by
the opinions Of Amasa j. Parker and John K Porter Of
ration Counsellor, and john Greenwood, of Brookyn-au
hS opnn a the at cs IL ssa
thereafter resolution adopted, by vote Of fifteen te
| three, in the following Words
Resolved That the action Of the Comptroller IN refusing "a
srs under act Of Apr is 1852 hereby approSsd
After the decision Of Judge Lott the mandamus, and
(Oct 81, 1857 the Comptroller notified that body that he
had taken the necessary stops to appeal tho case
as acting entirely on his own responsibility and not in
| collusion with the Common Council.
The pumps have not been allowed to go out OF repair
but are In complete order, and furnish . excellent
quality and plenty of water The Joint Board budget for
taxes in 1850 and 1860 contained full amounts for repairs
70 wells and pumps, as usual except tho Tenth ward
| which had sufficient amount in the
The Common Council Of Brooklyn do not in any way
directly indirectly expcnd single dollar in tho COST
completion and construction of the water works. neither
of the old or Boards Of Water Commissioners, to
whom the law has conded the expenditures but changes
cannot be made that will increase the cost unless by the
assent Of the Common Council being first had and OBJ
taincd The Common Council have Ia every instance re-
fused such applications for increase Of COST except
viz to coat the water pipes inside, which cost So
as far as used They protested by resolutions and through
special committee q their body at Albany the
of the act Of April 16 1852 which considerably shon
| Of many of its worst features. Call you this that
"The public interests are made subsorvient to the
greedy harpes who faten on the public money. The
plumber and rasca the schemes Of corrupt politicians
to put their fingers into the peoples treasury which have
have been faithfully copied beyond the East river, and
tho corporation and officials of the City Of Churches bid
fair to rival their corporate brothers of this city in
cumuiatng taxation mountains high for tho purpose Of
making simple provision for themselves while in oficen
Allow the public to know how much republican legisla-
ton has had to do with the efforts at increased expend
ture Of the Brooklyn Water Works. how much has been
paid at Albany, and how much at Brooklyn. Ask Thur
low Weed how much hs recent draft was that paid
through certain Brooklyn bank, and how much he has
had heretofore also ask how many Of the notes of Wells
Co. drawn to the order Of Henry Murphy (of Lott,
Murphy vanderbilD, were protested in some Of the
Brooklyn banks also inform the public that Wand erblt
the President OF tho Nassau Water Company before
transferred its rights and property to the city Of Brook
lyn, and that Judge Lott (before whom the mandamus
tred) partner in the law firm who have been
SO closely identified with tho system you choose to call
robbery and plumber.
A FRIEND OF THE TAX PAYERS.
BROOKLYN, Nov. 2, 1852
SUPPLEMENTAL COMMUNICATION FROM ALDERMAN
DOUGLASS.
TO THE EDITOR HERALD
OFFICE OF TIE MERCHANTS INSURANCE. COMPANY
New YORK, Nov. 3, 1885, II
In tho communication left last evening on tho BROOKLYN
water editorial, included in section No s. think an
ausion to drafts on Thurlow Weed and Henry Murphy
In publishing please that portion and