New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-08-30

10 me Editor 81 The n. y. IriOunr
SIR: There has appeared in your columns two
or three notices in relation to some judgments OBJ
tanned again, the city for work done the roads OF
,hi. city IN the Sommcr and Fall Of l-6J The facts
are simply as follows
when the laborer. who performed tho work in 1868
were discharged " appropriation being at that time
exhausted they were no; paid and large nunbsr OF
them came 10 collect their claims from the city.
suits were commenced IN the Spring and summer OF
S6t o. each claimant applied 10 me aud IN each case
the corporation pat In All answer which beside the
general denial set up distinct defense. that under the
ih section Of the charter OF lej7 the appropriation be
ing exhausted tie city was not liable 10 this defense
GcmuTr.d The demurrer was argued al special
,e-m OF the Supreme Court and decided against tho
ci,. An appeal was taken by the Corporation
Counsel 10 the General term OF ne Supreme
Court and after due deiiberaton the decision
Of the special term was unanimously
confirmed An appeal was then taken 20 the Court OF
Appeals but tie men were poor and much IN need
of their money although had 10 doubt OF success IN
the Court Of Appeal. | compromised win the Con
troller agreeing To- deduct ohetLlrd OF tne costs ~
each ease. Upon this basis settlement was cnectel.
and tie Controller referred the cases 10 competent
er.o "a ke proof 10 tho amount Of the labor done In
each case aud out of lJb cases - were proved the
Others we're suspended for further examination. de-
sire "a saw that no default taken IN any case and
each suit was thoroughly scrniinzed by the Controller
The warrants IN payment OF these Judgments were sent
IN their regular course TO the Mayor. ana he aiter
again carefully examining each cnsc, mas ss'e1 the
mosi Of them II Is alleged that the costs are large
Zach case iinct and rests upon its own merits ahd
rs neither Justices Court or the Marine 'ouft mas
Jurisdiction In fGit against the city CeAoeP' lor
violation Of CORPORATION ordinances II was heccssar!
Ia sue In A Court of Record ana the Gsuh costs fo
lowed AS "a matter Of course. Ia relation TO ne suits
yet pending have addressed the Mayor the l1o"ins
letter which also shows the oHe' nnuc 'n i, t W
those now before him. ihos' - FIELDS
| Hon. G. g.. GuNTHER, Mayor, b.
90 ~ 81 the lsh YOU informed that you did not
willing to si.H tho warrants N avoi o. eeitah our
recently entered against the city TOT claims prosecuted .. ne
Corporation OF The City Of Now ios during tie summ', ana
Fell Of lo You assigned as your ,,on . ~" .ns In. 3D.
or. of certain wee ky newspapers claiming TO BE- moved oy
desire TO promote tie interest Of the city naa PtJsa
| that the claim. were fraudulent, and thAt t.e
ip, ,iI op' thew ever e,,.,ed performed
the wos which they their assignee, clam, rou mn
'o.'a - "a Mr. uerrcs the Editor Of The fna'
among the editor. then verbally proposed 70 you 70 Prov
each the question Of ae' as 20 we Jed nv ibe
sbor III. question OF law having oecn AeauJ ~ ~
uu.niuou. opinion OF the supreme Court ~ 'rril ieIin
further proposed that the question OF at - 70 w o m
ancr IL. Labor IN each ease be telefleu :. Wy "
tn. cy Of good standing and well known to me whos con,
w,e,s oe Hoffman whom Mr. Whiting any repre-
,eptin, IN. Ctren Association the editors WHO have IN
tce.ted them.eve IN the matter Ish, nam. S he matte,
,Lou no, b. referred the twelfth juym-n who refused 20
conyic, llerdck Of being bbed for w. "r
other eleven jurymen and the whole eoininn
| rity .ncw ferrick gniliy ana ousni,
10 have hc.n convicted and 20 Sing sing also fe"su
ths, the p,te. defending the suits should give rcuy io
cos and no, saddle tie additional costs upon the cy
an, other hand YVES 10 give security fo the payment oil ~ ~
donal co.s In cases In which failed 10 rssbii-h we cs
You yory properly referred the matter to MI su, your
bie, ~ ho Ia. very at,entivey taken the testimony IN
te matter and reported you fsvorsbiy upoh most OF
cases the others will be proven before nun ~ ' ,
Vii. Won 10 ,ign any where there any lsiir %
proof In tho cases pending, Tor whioh luuse. "'
To- Judge Whiting Hcrrics the Citizens Association ~ 70
| reference. -, ~ ...n,,, ,o, cos,s and
s,,Jo,, n,s, no, d. able TO show him why be loaned
Pinny White large Of money, or wnea W. ~ M
Of Jn,e of The supreme Court Of thi. District yet a
| not shall be- able to convince even nj '"' WV
| ere valid claims and ought TO be paid. ~ ~ p,r,ns
Very respectfully ino'' - 1880