New-York daily tribune., 1865-10-28

sppoinrd to he ofces nsed nor Is il here alleged that
any interest OF the city Of public or P,iyse hs.
suffered slightest degree in Consequence OF the vs'ou
appoint nen. ed as ground Of complaint There Is
allegation that body has been injured ID sny dgee
of anything in the charge We re now con-
s.u. ding
Iii. question which submit to your Erceeney how is
Won ought TO entertain complaints against public ecers io
conduct not affecting any tnb.ic interest lie power con
fred upon the Executive Department Of the o.
to be exercised the correction Of be abs the mPov
ment their morals or in m,re his ,us
except for the protee Of ,ame public interest. enssnfd
by the misconduct Of public of.sr end then =. ,Su & nsf'
The power one great mpor apee snd lie pro
ceeding Of great decaey ara II should 10. we Iy be
| sacrificed OF endangered by official misconduct.
in not s1rrins b. the act. comp'nrd Of have woded
pu injury Of character demanding Executive inter erence'
nS no Dnhc G TO b. poteo ted promoted BY the
prosecution this comp siD may with perfect ey, oc
assumed that The charge pstsed by pivstc mshe. o.
with the positive denial Oh truth snd lie want o. s1o.snse
,.sSls "Sj ut Chamber t.l iS"p ."d a. s aRs b.
Ihe charge "Nessc, Of duty aud the 'peoincs
S,or6eofon F.-In this that James D: Taylor sued
Out wit anJsmus against tue Controller OF the wy OF
New YORK 10 conrel the by the ,aid Controller to L'n
aTayior Of the bond. the said city for the ,um q
So alleged pre. nded to he sn amount dne To. o
sr f the Se pp.S sy Snsrsy Known a. The fo
WORT property which property the sd tsy,9f S, neS
property and real ged TO and was The properly
Of m. sid citv That the ,ad Dev-n then and there well
knowing that the aid city good defense TO the sid ro.
csedrr upon the said w msudmus and that the remedy
of said by action at nw and not ny mandanus
TO niorcc his rights any he bod neglected and refused 70
tie judgment upon th. said andunus to the Coun o
Appeals whereby the ssd city Lost the said smonn te to
trl having about the second day Of June 1903 Is
bonds In pretended Obedience to the SAID usnoA
in answer TO this charge r. Develn scts what he dd
In respect th. defense Of hbt suit He opposed ats peciA
term Suprmr Court the application Tor Hand'nus
against tie Controller OF tic city upon sfdsyi aud Psn
which seventy the pTtad record ich
hold In u, Judge onard after argument snd oon,
sidrrao granted tie writ and the mendtnus wss Issued
commanding Controller TO issue to tie rraor the bonds
Of the city or the purchase priee Of Ne pfop"r'y
From that decision appeal Immediately taken to the
e,aerI term OF the supreme Court by Mr Develn. and ali
proceedings the msndsnus stayed The case on tp~s VI"
Mgued general held by Justces Sutherland Clerhs
and Bnrna,d and Apr due tie order OF the se
cin teri" awarding tie msnd'mn, wa. 81, ono 's lnas
viii now call your attention to ofhei. documents which
.how the history Of th Transaction which ~i show
that th. charge devoid Of a,h and tbs, 1t utterly In
possible that there be any roo on red In opIf OF the
charge which viii, under any ciicumstanoes taucc you 10
On the Sd Of Novcmbcr 1857 MI Jsm.. Taylor offered
20 se to the Corporation of tbs City Of New iok the Fort
Gtn.rvoort properly have here his written proposition
which .ubuicd the Con Council On the ID o.
January 1863 Common Council st-r eopsds ration OF
the proposition adopted the following resolutions
Resoir,d 1hs the Offer of Jsae, H. Taylor besrnr dats
the I'd day OF Novsnbe Iei foI the sale to th" ofaoa
of ID. Cty m New-N Il al that oect Of land boandsd
north-ry by Tweh easiery by Wc.i.t aud Tenth ave-
.ou;hery by Gsn'evoor = and westerly by Ihi',cEthsve
and the Noh River together with ~ the wstrr ehs fiv
eges aud muurs tho sans We. conveyed Jo.srh H.
Nstnum by tn, Mayor Adrfmsn :, connoe.'y Gu tny
tie hereby n all 'rsPe' ,ee"pd lor tie Use pnr
poses oi uAE' and NC s.d MsS e AofIih sa ON @
hundred thousand dor or'h'r with tie value Of hrt
and making .d land u thirty 'nd on, quarter cent. p't
cubic ward for ore mi three hundred ard esby
thousand cubic yards mskns 10 ali The sun of h'c iurdrd
and thyhr.. bou.snd iout bD dred .hd huiy "'rn DO
lar. and hty Whcb hA be- pd oi the modes
dsgnaed IN oarr receiving tic d-es 81 aid premises
Re.oirsd That the Controller -, and b. y hereby
qued and directed carry oct and oompss s pgh.'c 81
ina date November t6? addressed - the Mayor hdsnee
and tournouAiy Of tho CJ Of N'sfoft fot TIE usssnd
upon the execution shd delivery to bm sud se'
d, II the prorry ers-o'es by sl rsrs VITO
sI, b.f by tile sered from or ,boush jo.i b. Va.
"a d ofer and fec from iAeaa rsnes' 'Io't
In said offer stated the .sd Conra,r Is hereby directed
20 paw to ssd Tsyor the T,prvs.u,si-s es Of
properly the OF eve hsnied aAd nry three toa
s ssS asSnsl eaI a'r1s s o1iI Ss cosrs ,.c
,rn s,d Iecu,sd to the Mayor, Adcruen and Com
By the ,aid Joseph b. N,hsus for poro OF The
purchase money o said femes and sso all tsATs and ss''
Ie,rL That the Conro'er be md - hereby 's suihar
M. r.cspt OF ,ad TO and i,,r TO aid
Jane. H. Taylor repr,sentsvrso' tie o~nr o. .i
purchase uony Of not les than "a" honssnd DO r'
Zach the principal cf which .h.l be paid N no erer.d IN
bear ID, date at IL" raie o' 'I Psr Cut
per snunIn. payable quarterly , Il, -, ,,,
R,orsd That the faith OF the ssid tbs Mayer Aldermen
AID Cononalty the City of NewYcSh shsi Be o.en"to
be- and the hereby j. frevocAby Pndssa ioi the ~
M. nj Of the ncpA ad Of s1eb bonds sh.l be
Issued pursuant 10 the foregoing reov'n' ~ me same
re.reetyely become due AID isysee, A.. ,o.,. IN
perso"ed thc replication Of siI Taylor undsnn to
ne procoedg % on that application h,vr before ss.d
are ali contained the printed record whea VII b. hsit
a. YOU and they oeoupy all together pI.nsd psgc Tie
sruneu, before in z, Barnard wIs On the sh oi fcrry
aud the mcndamos granted OF the @h " feoiuY b
The record chow, the day uadr the drcct q
tie Conttoler MI D-vein brought sn apy'sl the ssnn
trn unI the Sd Of Morb procured s osdr nAyn ao
etoding, o. the until the arms and d'timnsto Of
The ryyeal by the general term 9th. supreme court
The htrra B. argued, and the 1T 81 July. 1863 the
order Of The ,peciA term affirmed /. shown sy beer
thed copy OF The order which J low Iiodsss There "a
by The Counsel in THE by not nsising beoc
icc La; the renedy Of Nh Taylor ~ 10, by o.
br hal Il wa by an Law AGAINST the CT TO
recover the purchase price Of prorery not I"red
how the city would have been benefited 'h. point had len
su tanned
seen WHY It might be rr-ed against fe Issuing of
d,u I'D Il /. entirely spparet tie r,oord ,st s-ry
defense which it supposed tbs r had VA weed .srst
defense against the pooeedugs,o to compel tie Conto!.rto
70 suit against city Tor tbs psrrLas. price, and II .ue
suit had brought tbs au'ho OF this charge ssemo
the city tive huidfed thousand do.s reauiHns
mediate payment, 1ha benefit 10 the city OF being r1qurdS
ray hi. demand At once rather than have credit OF ten yea
ON the bonds net very apparent In either only
much money Is 10 be paid but however this may be-
Ueyen 4. complained O ion not mssng before TIE fohft iu
an action at sw Mr. Tsylors only remedy IN ansyep
AL h. produce the points snd argument Of Nj pcNelu
which IL appears that be urged before the court Ief
alton ych he !, charged with MT having consic-red he
slo the orinou co which shows that tho pon!
moi only urged ard sigucd but duy condsr.d and
r a. untenabe 1hus he record inconr'tsby proytsii
ay of the ga,ion and the tact cannot be sIged by
amount Of proof " .,. i
The ain se cation upon which the shsrge Of nersst
o duy IL urpote1 rest i. that Mr.. Deyein neglected
hing an appeal the Cont of ais irou the jadiDei
Of the Sutreme Court awarding tha dsmu- wh.sh NJ
ri ouir.d the Controller sur aud deliver Tho bonds u qu-
"A. a.c that n ,1dI