The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-02-25
Board OF Aldermen.

Total. SAI II
NJ Edwards Office for three years-from January
1862 January 1855. The total amount Of ments
aceo his bands for collection was, during this tme
% 81 ~ n - % was qssSssS
" the Collector Of Arrears, overcharge, $432 96.
DANIEL +. rEMANN, Mayor.
The papers ordered 10 be printed in document
form.
Sundry petitions and resolutions for ordinary street i'm
provements, &c, were referred TO committees.
resolution offered to the following effect that the
Croton Aqueduct Department be directed TO advert SO for
propose 10 pave Eighteenth street, from Broadway 70
the Sixth with the Belgian pavement the proper
" owners agreeing 10 onehalf and the city the re-
mainne hall OF the COSTS Referred to The Committee on
Streets.
resolution was offered respecting the suits against the
ciy,bose that have been settled and rwse-and the
seeessy Of pacing the Information before the Legsa
ture that they may know what was required on the tax
levy.
Resolved That 500 additional copies of the report
the Counsel OF The Copo alton be printed and That the
Clerk for ward copy thereof 10 each member Of the Le
gsature, and that WHO desire copy can have 1t
On application to the Clerk. Adopted
rue report CONFIRMING the contract for building the gate
houses Of the TO Farchid Co was called
OPP. minority report was presented against the same
Alderman STEPHENS opposed the report 70 give the con
tract TO those and the papers were ordered 70 DC
communication was received from the Acting Street
Commissioner transmitting petition OF several property
Duane street asking for the widening or that
street from Broadway Chatham street. resolution TO
thai effect was adopted.
COMMUNICATION CORPORATION COUNSEL, pEMoNsTRAr
ING That he HAD DEFENDED wHsRE
DEFENCE WAS NECESSARY, THAT IN THE YEAR 1855 SIX
HUNDRED SUNS wsKE LrGArED AND DEFENDED.
OFFICE OF COUNSEL TO THE CORPORATION,
New YORK, Feb. %, 1853.
To THE HONORABLE THE COMMON COUNCIL
In q communication made to your honorable body by
the deputy Of the street under date of Feb
ruary 81 1862 certain statements made concerning
judgment recently recovered against the city by Mr. john
Pegew which renders 1t proper for me to address you
upon the subject
The su. question commenced early August,
1857. When the papers were sent to the Law Depart
n-Jt Immediately, ia pursuance Of q rule had estab
hshfd, and which sl obser We, addI essed commun
10 Mr. Fagg, the then Comptroller, advising him Of
the suit, and asking him to furnish with any facts
which could be set up by way Of defence In reply re-
ceved from Mir Fagg communication, of which the fol
loving is a copy
BcuAnp sps4snD E.9 coana
70 ON Ss Con asg
saa Eass s9a ,Te. s th
made with John reusrew complete the ob which
to be hnshsa In one s ae act To Jake lands 70, The Ten
lass the Common Council passed resolution directing the
srsdins Within the Of sud PARK noswS
sanoiDs his i.souoo the conracoI continued this work
certificate the finished by Dodge,
81 4 or ss
the Park. and s. col IA state the Arsenal
Council passed 10 discontinue such work yet The
ao Of @ Is ." s
and second avenue OF the contract demand
your lest q rtomSsr ISL as 70 he Claim Of q L.
s1ay oI ha on seven engine house would state
asseoltnung suit A. C. FLA9G.
1t will BE- observed that auson whatever is made 10
the aege o the word twenty, the contract
Aud tbe alleged substitution Of the word forty therefor
These facts, material, II true aud forrnin9 complete
dsfesee % The whole clam. are kept from The knowledge Of
after sjndgrne'a otsaied the allowed to ap-
peal iheIeIom has EXPIRED the tendency
Of the suit matter known to the Street Department
well as 10 Mr.. Fagg.
not only wrote az above TO Mr.. Flagg, but I find
among the papers in the suit, a memorandum in the
Handwriting OF one OF my assistants IN these words,
"Pettgrew the Mayor &c. Turner (the then deputy
Of Mr. Taylor, says, that there is defence
for hhpg sunsen lots, that is ss fair transaction
ever existed.'
Upon this information from the Finance and Street De-
partmens, the drawn, the defence subse
queDy conducted and The hrst notice have OF tue exist
ence Of the aedged fraud, is the you
from the deputy of Mr. Smith, TOO late to up
plesanss, and TOO late to get before the referee.
II becomes now my duty as Is pleasure To inform
You that, although the claim has passed judgment
entertain oolDt that the Courts upon my appca,ion
viii relieve the Corpofa from entirely II tue state.
meDs Of The Street Department be suos anita ed
IL Is important II your homo ape BODY shall be of the
opinion that the allegations OF aud we'll founded
the Counsel for the City should take measures
have the opened, ana the Judgment asde any
unnecessary delay 10 do would OF ITSELF be
- such application
ln view OF los, yesterday sent a communication to
w. smith, Esq The sifeei Commissioner, Of which the fol-
lowing is copy
GrsrAvus SMITH ESQ Street Commissl1ner: slr'-f
notice communcaron from your deputy the common
Counsel under date Of February "a 1869. purporng
recognizing the street Department 10 rel juds
n or W SSa Psslsw zoe c on con
Mere mss been fraudulent ahersnon OF the contract IN
hs hrsl tmsin to ibis Sspsf.meD OF any such grouni OF
& a n es nsye hs w6n .,on OF
o. The former Deputy street onms oe UPON the suoes, Of
ststemens OF your deputy, II hey Dc saostAnna,sd
the Judgment rrqaes. h, you win At once sepd 70 this de
scn. '"''H ''A'A kicH@ED BGsTEsD. ''''-
Counsel 10 the Corporation.
And received TO 1. the following reply
STREET coxxIssoSER's OFFICE:
RICHARD BUSTED, Esq, Corporation Counsel sir-I
IN OF your letter OF his date relation To communal
the Judgment of John retgrew. The Of
% former action in the matter the Common
Council IN pDaDce with the plain duty OK this department
npon that statement deemed NJ by then 70 direct
or b you TO nss ProeSeanss sh a view % opening ap
the from which derived the information when
be necessary proper the
Ter not find upon The records Of this office any
Con misslober OR. q. smthj nor any ,s.sr from
Wa not he statement mace by Mir caa1ies Turner By Te
ference my unicacn 70 tie Colnci YOU viii
Mr. Smith absent sick aud the depart nrnt for present
my charge The letter. likewise merely fact
OF A,rai5n, leaving the Fraudulent De
made evident by the proper depa bOvsti.
Deputy and acting street Com. nissoner.
understand this letter " be refusal " the
necessary INFORM upon which youf net
TO move the Court n set the udgmt might pro
ceed. and have authority " 'i1ltite proceedings"
OF suits for ne city respectfully suggest tuat yoU Ca
We Street Commission " furnish me inme lately with
.he proofs IN bis possession under his control, esLaD
hhnipR, or tending u establish he alleged fraud
rug hAleenih section Of the ordinance recognizing the
LAW imeut requires from time 10 tine report
tne common Council the condition of the Law Depart
men' anu 70 suggest such respect thereto
may deem necessary o. proper
oeem In,s a htng occasion to call your attention TO
certain mhefs connected with my department winch
cerb me pnohc interests, upon which the public MUD
npPtars W y. somewhat exercised And first as 10 the
,srge amount included IN the tax levy for Judgements OF
the required and inserted therein s2io 600 IL
Tor tne Market size purchased by the Common Council
l N anu the expense attendant UPON the liti
eaton OF me claim by Mr. Flagg. The history Of this
case you are familiar with. My own action IN a has "a
ceived the approval Of the Supreme Cont nd COL,
neither have nor desire more complete viod,cs,Ion
SiIo,Il3 "a OF 1t 70 pay the State Of New York the
amount retained by Mr. Flayg from the s,n, 1na ,so
State from the county Of New YORK for the two and ar