New-York daily tribune., 1865-09-28
Defense of Corporation Counsel Develin.

Defense of Corporation Counsci Deveiin'
To His Ercslf.uey REUBEN 4. FES1oN Gornnor Of he
S.a,e Of Ner- York,
Jobn Deyeiin, Counsel to the Corporation Of the
CITY of New York answering the charges and speclh
cations preferred against him fy Ihomas ~. ohir,
which charges verified by said Carr Oh the eth
Tfrsf: he denies each and every allegation OF fact
contained in the first cherge and tile specihea'1ns
Hereunder, except the aleeatlon that Ncnos rs LII ,n
ties Of thor respective Offices with his tnowledge ap
probation and consent: and the allegation that tney
gave the bonds required BY law anu suDscfoeu |" du
And he AYERS that there is not now and never was
any such boreau in the Lew Department OF the Cy o'
New. York the Bureau OF Assistant CorpOfatoh
Counsel; and he further nvers that there never has
been nor is there now any such Office as \ Assistant
Counsel to the Corporation although that designation
has come into general use =,
denies each and every ale cation Of fact contained In
the specifications Hereunder. except the allegation
that james Taylor sued out writ oi mahdainn'
against the Controller for the purpose OF obtaining Ger
tain bonds which nc claimed 20 be due him as the Pur
chase price of certain property known az the lor'
And the said John l.. Deyelin in answer TO the said
second charge and specifications alleges that be op
posed said proceedings for mandamns both at SPe,
cial and General Terl Of the supreme Court. as VIII
appear from the records of said proceedings and the
points used ia opposition TO said motion or nanua
mus which records and points he prays leave To re-
fer upon the to the truth ofthe charges
preferred az ainst bm aud he AYERS that, upon the
afirmance by the General Term of the Judgment oI
order o. the Special Term. allowing the mandamus
against the Controller commanding him ~ issue the
said bonds the said James y. Taylor he the said
Controller declined to appeal 10 the Court of Appeals
from said Judgment of the General Term because he
4 was advised by the Hon. William f. Allen and the
! Hon William NJ. Evarts distinguished and eminent
counsel of the New York bar that upon sad appeal he
could not hope expect to obtain reversal of SAID
Judgment Of aflrmance, and would beside be person
ally liable for all costs and damages which the said
James b. Taylor might sustain by said appeal IN case
"a .s he
by said Court of Appeals 10 which opinions OF said
counsel he the said Develn prays leave 10 refer upon
the investigation to the truth o the charge preferred
against him.
Tsird He denies the third charge and he further
denies each and allegation OF fact contained in
the specification thereunder except as hereinafter
stated. He admits the commencement OF the actions
mentioned in the first and second specifications OF the
third charge. He admits that said actions were for
work. labor and services rendered and for materials
furnished in the repair OF the pnbc roads He alleges
that the first Of said actions was commenced by one
John Donovan, 20 which he caused an answer 10 be-
duly interposed, setting up such ceienses as be
was advised by the department under which
the work was done, and the department b.
which the claims allowed must be paid could be- made
to said action, and that the same or similar answers
were nterposed each of the other actions mentioned
in said first and second specifications; that. upon the
service Of said tue counsel for the several
plaintiffs therein iOierposed demurrer 20 the second
defense contained In said answers upon the ground that
IL did not state facts sufficient to constitute defense
that the counsel the plaintiffs in said action i'm
mediately after. demurring TO said answers served
notice of arguments OF said 1emurrcrs in each Of said
actions and caused them 10 be placed upon the Special
Term Calendar OF the Supreme Court for argument.
That the demurrer in the case Of Donovan vs.
Mayor, &C.. first called Tor argument by the Cour
and the fully argued at Special Term. and
Judgment rendered sustaining the demurrer with costs
That the question III each OF said actions being Identical
an appeal taken TO the General Term in the Of
Donovan against the Mayor ana the Other actions left
TO abide the of that appeal hnt upon said appeal
the General Term affirmed the Judgment Of Special
/ thn eatI slat
thercupon appeal taken 10 the Court Of Appeals
from the Judgment rendered at General Term; that
pending the appeal TO the Court OF Appeals he received
communication from the Controller Of the City Of
New-YOfk statiDg that the actions had been c0mpTo
missed and requesting hu 10 offer 70 allow the plaintiff
each Of said actions 10 take judgment for the amount
claimed, and twotbrds OF the taxable costs;
that the Controller being invested By section 20
OF the City Charter amended in lsj7 with the power
TO settle and adjust all claims against the city. such
offers made in compliance with his request, and
Judgment entered accordingly. winch Judgments
approved by one OF the justices OF the Supreme
Court.
And the said John J.. Deven alleges that in each OF
the said actions mentioned and referred TO in The said
first and second specifications he fully and faithfully
discharged his duties "a Counsel TO tie Corporation,
will appear by the records IN said case OF Donovan
and the record in said other actions, and the points
used upon the argument Of said demurrer and the
opinions delivered by the Court upon the decision of
the same and to which records, points aud opinions he
prays leave refer upon the investigation as to the
truth Of the charges preferred against hID.
And he AYERS that the counsel who represented the
plaintiffs in said action were employed without his
knowledge, solicitation or request. and said actions
were instituted without his knowledge, and without any
suggestion from Aim.
Fourth lie denies each and every allegation Of fact
in tie third specification 10 the third charge except as
Hereinafter stated.
tie alleges that in and by chapter iOj Of the Laws of
1864, II was provided follows: Cleaning strees. TO
be done under to be made and approved by the
Mayor Controller. and City Inspector. any two OF
theD IN writing tor the period of hye years the party
receiving such contract TO give bond in the sum OF
sJOOOOO to be approved by the Mayor and Controller
for the faithful discharge OF said contract, 100000
Annually. That at the time Of the passage Of this
act and for long time prior thereto, the City
Inspector had been cleaning the streets by day.
work and the city at that time was largely in
arrears to the laborers so employed for the wages
earned by them In said employ ment; that soon after
the passage Of said act the Mayor Controller, and
City Inspector advertised for bids for contract for
cleaning the streets as empowered said act and in
accordance with It's terms that falling 10 receive any
bids for said contract which they could accent under
the provision OF said act they caused second adyer
tisemen TO be made, but with like effect no bid being
received at as low price three hundred thonssnd
ioors year; that in the meantime. the appropriation
or cleaning the streets having been exhausted and the
ity being largely IN arrears 10 the swcepers garbage
men, asbmen and cartmen who had rendered service in
cleaning the streets for their wages the said sweepers
my further work in cleaning streets until their claims
or past services were discharged.
Tint after The refusal Of the said ab0rer 90 continue
render further service in cleaning the streets there
vas great and rapid accumulation OF ashes, garbage
trhioi. u. s.d n H.. 81 At