The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-08-26

conservatism holds actual predominence in the SAFE
questions clearly and explicitly deuned nor are
there any persons whose are before the public
whose views are more aniagonisic further apart, than
ex-senator Dickinson and Senator Seward. From the
setepcy they have both generally pursued there very
little doubt that both stand confirmed the faith which
they have 30 long maintained.
Another Claim AgaInat the City.
A LARGE CLAIM FOR COUNSEL FEES BY AN Ex-
CORPORATION COUSsEL-HIsTORY OF THE CASE
REPORT OF TIE REFEREEs, ETC.
In the years lS47 and lS4S Theodore E. Tominson
the Corporation Attorney Of this city, with saary IN
tended by law 10 pay him for all services rendered by
him in the transaction Of the law business Of the depart
ment II was customary, however, for the city to per
NIT the Corporation Attorney TO collect such fees might
against other parties in the public prosecutions
brought against hem and in this way the office Of the
Corporation Attorney, though under fixed salary OF
$1,000 per anrnm, became worth between 600 and
$4,000.
In the month Of March, ls4s, the Common Council
passed. ordinance-probably obbied drought by in
terested partes-that certain suits which Ed nund Por
ter, the Attorney for che Commissioners of the Aims
houee had commenced against certain shipowners,
on bonds that they had given not to violate the emf
grafton laws, should be transferred - the care Of
the Corporation Attorney and trat oil such suits as should
be commenced after that Date should tnenceforh be pro-
Council appropriated tho liberal sum Of So 900
additional to tho salary Of this latter officer spe
cfyirg at the time that this additional compensa
ton should be payment In full for all extra which
the Corporation Attorney might render therein These
suits were then entered upon the court Docket three
tried, and the remainder compromised
or RENTED by the city.
Six years elapsed and Mr. Tomlinson made no claim on
the city for these enumerated the pre-
cedng paragraph having drawn the extra compensation
allowed him, which was, according TO tho letter Of the
ordinance, in full Of all demands but at the expra OF
that Time and just before he would have been barred by
the stxtue Of limitations he commenced suit against the
city for counsel fees and cess alleged 70 be due him for the
Of thirty cases which had been trans
ered to bis custody by the operation Of the ordinance
above mentioned The suits for extra compensation
manned in stau quo for additional three years, when
last year Mr.. Tomlneon took step further and made
up bill Of costs in each Of the thirty
the jury and trial feee-whch trs toox place-as
sngularly obtained then taken to the Common Pleas
Court before Judge Brady and the representations of
rough the ordeal Of jury trial he consequently
allowed the full amount OF oos's making an aggregate Of
$50 600.
The claims. having taken shape were brought be
fore the court at general term, and they involved
question Of accounts motion was mace that the subject
George W Stevens, James 8 sluyter md Msrvin r.
Brewer were appointed BY the Court to investigate the
subject
the city from the Claims and urged in his defence
So paid by the city in full satsf action for all the
the sits IN Question: and also uigea that while the csy
might permit the Corporation Attorney to coeofees Tout
side Of his fsary from parties mulcted IN the prosecu
that officer duties, be made nenabe for any except
those allowed by law.
The referees after examination the case decided
that Mr. Tomipson was entitled to the OF S3l 400;
and tn award made after the referees had received
notice from Mr. Busted that he wished 70 reopen the
caee to introduce additional teetmony to the effect that
Judge Bfady had inadvertently taxed the bills un
der s sapprs hension or measurements Of counsel
All these feotg file at Mr.. Busseeds Office
who will doubt appeal tie save the city the
large amount sought to be taken from the city treasury