New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-05-10
LETTER FROM THE CORPORATION ATTORNEY
Method of Business in His Office.
LAW DEPARTMENT. CITY or NEW YORE.
JTIICE OF THE ATTORNEY TO TIL CORPORATION,

Nos. ll5 AND III NAssAu-sI. May & 1868.
H. he Honorable MORGAN JONES President Of The Board
Of aldermen:
SIR: | am informed that a resolution has
PISSED tho Board which You preside to the effect
tat the Corporation Attorney be directed to dscon
,,ss all suits pending for the enforcement of the
Ordinances of this city Although / an as yet, with.
out any official information from the Board concerning
this matter think well to take notice of that reso
hilton far TO make ii the occasion of communi.
cation 10 YOU
have knowledge either Of tie cause or the sup.
posed necessity for offering that resolution or of the
real object designed to be affected by it, 1t is entirely
retrospective in its language; it applies TO oil suits
PadiHs: does not contemplate those thereafter to be
commenoed does apply any particular person
suit class of persons of suits but it is to affect
oil suits pending, and il directs that all proceedings
therein shall be absolutely discontinued until further
orders by the Common Council The effect Of such a
direction. il it should pass and ultimately become
lw may cause many judgments 10 be entered against
the city and favor of the defendants for the costs of
those suits do not alude TO other and greater injury
t. the public interest that would obviously result. As
have never officially otherwise. had the slightest
suggestion made to me to what defect wrong If
any is purposea TO be remeded or what special in
teres if any is sought 10 be protected by that reson
ton am therefore, unable to speak definitely on the
,ubiect But indeed, sir, there could have been no
necessity for any formal resolution whatever the cause
is that is If proper object Is IN view. Whenever 1t
Is made known to that a person has been wrong
fully sued, either by the charge being trivial or
erouudless the case is at once discontinued u
speak of the administration OF affairs since
have been here. i am unable to-
speak of former administration. And such will con-
tinre 70 be the rule Of this oce for regard the pros
ecuous under the ordinances Of this city intended
b, source of rerenue Jpi strictly Of
eio, and discipline Whenever a complaint is properly
lodged first seek correction Of the oiense by trying
80 have the offender comply with the requirement Of the
ordnance applicable to his II the correction is
made and the person is not frequent offender remit
The penalty, as, in my Judgment the public interest
does not then require that the action should be further
prosecuted" As for instance, if person is charged
with obstrucing the sidewalk, a vaucover is loose
OF on; Ofrepar person has through Ignorance neg
ieclcd 10 take license. where he IS dealer in
second hand articles keeper Of what is commonly
called "junkshop" and has no book of his purchases
in ell such cases have suspended proceedings in he'
seton until the defect complained OF is remedied aud
the ordinance violated is complied with-thai is,
incascs where the oense does not arise from habit
nal defauce OF the law remit the penalty because the
parties have shown willingness te obey the municipal
regulation and the object Of the ordinance is not
nue. but discipline aud order But whenever it is eyi
dent that the offender is persistent habitual vioator
OF the law have not hesitated TO enforce the full pen
alty. nor shall l. so long as bold this Office, and am
eh free by the public authorities to do my duty As
GIL at presen, unable to apprehend what determi
nate poin. the resolution in question aims at, must be
allowed TO treat the subject generally.
,l.-;r, hot md he ,1nfA dor non nd
Councilman should have very exact ideas 10 the
presen, mode and principles Of conducting the business
of,As Office It viii serve for guidance in any future
legislation concerning il.
AL charges, with few exceptions for violations Of or
dnances are lodged in this office 10y the Commissioners
OF Police This is the method pracriced in all large
cities in Europe and in this country. Less com
plants originate by tins method In mere malice
aud for petty annoyance than By encouraging charges
to made BY private inormers and besides our police
ac under the correction Of their official superiors
These charges are sent IN lists 20 this Office in numbers
and embrace oenses under nearly al the ordinances
they contain the VI the person against whom the
cnsrse is made; bis residence the nature OF tie i'm
pued violation and the 0! the officer making the
charge. Upon these charges actions are commenced
By summons IN some one OF our Disric, Courts, and If
the case gOes as far trial the officer who makes the
charge Is sabpenaed 10 attend witness TO prove the
case IL is impossible have any preliminary GAMMA
ton into the merits OF each case We must from the
nature Of tie fling, act ia IKE frs nsoace, upon the
5lOr, sent to this oficeby the Police Commissioners
Wien the summons is served the defendant, be, be
fore the return day Of the summcnf eau come to this
ehiee aud himself or by some Competent pelsoD, make
explanation of the facts of tie case snd II comes
within the operation Of the PRINCIPLES which have
heTeDbefore stated the matter viii be at disposed
OF Again, where through the neglect or mistake Of
the defendant Judgment is entered his appear
snce at Court then. in proper cases. deal with
the Judgment on the principle. And for this !
fad authority given in article g. chap > OF tine Re
Tsed Ordinances Of this city.
Let now sir. call your attention and that Of the
Board Of Aldermen TO some 81 Tie classes OF cases
which require exceptional treatment
First Licenses arc granted to dealers in second hand
articles All 10 those who keep what are called Junk
shops on the second Monday Of May in each year for
tie ensuing twelve months Parties applying at
anr intermediate time dur5e Tie year have no deduc
ton made. bnt must pay fcT tie whole year. Among
the charges lodged in this Office late the months
Of March and April last. by the Commissioners Of
Police are many against peTsons dong such business
without licenses In all these cases actions have been
commenced; but as in Of them the parties have
been allowed by sort OF taeit 10 go along with
Gu, license to nearly the end 81 tie year. aud In others
the parties were really TO. aware tat license was
needed out followed tie example Of other persons
have caused nearly all lcse cases 70 be suspended nm
til after tie second Monday Of Msy instant, when the
..lx tlioapc for