New-York daily tribune., 1865-09-28

refusal Of the said aborers to work and the want Of
money with which to pay their claims against the CITY,
or to employ other aborcrs, and the mpossibilty o
procuring other laborers having the requisite facilities
for performing the work OF cleaning the streets. even
payment for their services could be made; that az
this iuncture when the accumulation OF dirt and nh
was so extensive as greatly to endanger the public
health and inconvenience the citizens Of the city. anu
when the said aborers to whom large sums OF money
were due were holding public meetings IN me Ots ny
Corporation the City Inspector anl the City Chamler
lainhe a meeting to devise some means by which
money could be realized to pay the said or ,he
streets and by which public health cond be preserved
and the public interest conserved by removing rom
the streets the dirt and filth which had accnnuateu
during tne suspenson Of the work OF cleaning the same
that at this meetinG II unanimously agreed by the
officers mentioned that they should give their note ior
the amount due the laborers, and have the same avs
counted; that the money obtained should De placed
in the hands of the Controller for payment TO the Ia
borers that the Controller in making such payment
was to REQUIRE each to make oath that he had pei,
formed the labor and was entitled TO tue amount crea
tied 10 him upon the payrolls furnished BY the City
Inspector and to take from each laborer pad an
assignment of his claim TO Francis A. Palmer VINO was
constituted trustee TO coect tne sae irq ;, '"o IN
and with the proceeds pay tue note given by sad ON
GERS that the same was pursued with references
10 each of the notes mentioned in this specihcato W
the money realized upon said notes was eApcnuea ,Se
the Controller in the payment OF the wages Oh .ho %
laborers who had performed work In ceahiIg tpo
streets; that upon the commencement Oh the aes,U"
referred to in this specification ey Francis a. ra
an offer Of Judgment made for the amount Oh one!
so expeuded in payment of labOrers performing wok
the cleaning streets which offer was maze Win tnc
knowledge consent and appreciation OF the Mhyoi'
Controller City Inspector, ana Clty ChanotI'
that the question of the validity and prolriety OF sal
judgments was presented beiors the oIPremo
Court in action brought by John nscaea sta
| against the Mayor. Aldermen and Comnona,ty VI .no
CITY of New. York and others, and the said ludgne,
and the proceedings OF said officers were sustained 1y
an oppon rendered in said action by the HON. ~ II
pgraham one fthe Justices Of the said Supreme Court
in which opinion II was. among other thngs
that each OF the aborers rendering service III the clean
ing of the streets could maintain an action against te
cty and recover judgment for the amount Oh thrI
res rectiys claims w appear By the record Oh tne
proceedings such action to which record, anu tne
opinion delivered thereon he prays leave TO refer upon
the investigation of the truth o the charges pieeeu
against him. =, 49,
that by Of the course pursued W
himself and the other officers mentioned. the city was
saved about the Of costs OF acton, which
would have been brought against 1t by the inporefs 10
whom money due at the time the work OF cleaning
the streets was first suspended those eborers were
some l. 200 In number aud the taxable costs IN eacl
case defended by the city, would have been aboui
500 that by means thereofihe which threatened
The public health and irconvenenced the citizens Of the
CITY were removed and the streets regularly cleaned
Ffh He further that, In each AMI every of the
actions and proceedings mentioned and referred TO IN
the charges and specifications preferred against INN Di
the said Carr he has fully and faithfully 10 Tie best OF
lis ability, Discharged his duty Us Counsel to the Cor
! JONI Il. DryLIiS
Counsel IN the Corporation ~ the City Of New York
CIV aad County ~ Albany ss. John DeveliD b.
inc sworn depUses and says That he Is Counsel o The
Corporation OF the City OF New York ard that he has
re- he foregoing 10 the charges aud specica
| JONI l.. DEyELIS.
Sworn to this 26.h day Of September. so5. befre me
| DANIEL r. Tyler. Notary Public.