New-York daily tribune., 1865-09-25

I TOf
knowledge Of our municipal affairs for which he has
ALWAYS been conspicuous and is characterized by hs
usual ability. His Honor. after careful review OF the
I laws relating 10 The subject held that the whole
charge and Supervision OF cleaning the streets whether
by Contract otherwise IS delegated 10 the City In
spector and hs subordnates to be performed of course
in the mode prescribed by law. For that purpose he ~
the general agent of the city who. within the delegated
authority, is authorized 10 bind them. Nor is IL only
in reference the cleaning Of the streets that such
power conferred on the CITY Inspector For various
purposes he has authority to employ men 10 work for
the corporation either by contfact or days work.
Discussing the ques ion moie at large with especial
reference 70 tie law Of l56i lie says: But admitting
there was doubt as to the correctness OF these
views think such doubt is removed by the fact that
the Common Council ratified the act Of the City In
spector when they passed the resolution requesting the
NGyor 10 sign the Tor the payment OF the men, and
engaging TO indemnify the parties TO II against any
liability or damage to DE sustained thereby"
After some other observations. he says consider
this sufficient entitle the wOrkmen aud aborers To
payment and renders the Corporation liable to them
therefor For the reasons before stated am, there,
fore of the opinion that these claims are valid and
should he paid and that the injunction cannot be sus'
tanned"
misconduct. because, as Controller, | paid moneys
actually expended for the city IN the payment TO labor
ing men OF their wellearned wGges for cleaning the
streets of the city, and this too With the decision Oi
an honest enlightened Court that the pa! ment should
| be made
Tie Judgments above mentioned are some Of those
which Sir HerricS charges to have been ffaldu!ehtIy
! c0fctcd un.
PAYMENTS OF SALARIES ALLEGED NOT TO HAVE
DIES EARNED.
The charge is that paid ont about s. 900 between
January J. eGi, aud May l. lso3 TO certain persons
viz: Jacob Scebacher, Alexander Ward, George W;
Ioutrel Jacob L. Smith. Christian II. Woodruff, Danel
H. Couoyer and Cornelius Corscn, they not having per.
formed any service but being absent from the city o''
/ of the time. and discharging no duty
Of these only one person employed directly In my
Office viz: SseDacher Woodruff being one oi the aA
Comnissioners. smith Loutrel and Conover holding
/ .Io fI.x Alexander
Ward holding Office under the Street Department. aud
Cnrneligs CnTsOu being the appointce o. ne out o
/ Common Pleas os stenol, rp'er. MT. LouiIri Nu'
qnrou'ed by Register of Licenses on the 2l ~ Way
/ 1861 and resigned May 81, lsOi lie was Gpp1intel
Dcpuig Tax Commissioner by tho Conni's'neIs 81
, Taxes and Assessments SeWcmbe- = 4r5i ana hilel
dat " IS nonbcr Of The Legislature The payments
Of ihcsc ,ereFai enp"ye va. maze ~ - tb
ordinnuces pay ros certified by the he'us "i tA'
departments. except III The cnse oi Mr Iono'cf NNo''
claim was certified 10y the clerk oil tue board Oh As
understand that ~ those persons, except Conoyer
and Colspn. at the time when they are san 70 nave
been absent from the city, attending to dunes as
Members of the -isiature oi ts state 10 NhIch neg
had been elected but their appointments had NJ r'eu
royoGed and thry made arring gemthis ~ Nu'' ' J.,
duties were IN fully performed BY parties IolT's'ihE
or acting fur tacn. that n Hll cases tlr Jay I'D
| errDcl Nfr. S-cltcher was General lIcrk ln % An
diirp Bureau of uy department whose chici duty u
vrts IN Drruarc W irrsnis. Although le w8s ah, q
much o ihe time while The Legislature was ~ s's. son.
that was "A period when tie preparation 81 "diFihi'
Wuut lt lffuHlAt tNAu III NIi'4 iil'- .i'
Il uournto IONS generally onf iu,t before re Leg
.ur, courc.c. But Notwithstanding such absence. ht
reported Himself no the Office from iimc 90 nc ana hu
nrfnurel that 4 te services appcliinlns io Dis POSI-
tioa were regularly and thoroughly performed.
] PAYMENTS FOs WORK SOT SE-CHAEOLD II III
SAME OF 11 HAZEL BILLY.
The charge s ttlf several pAYmrhi1 were ulIf iui
WORK alleged 60 have been doro hy one Michael Kelly
when there Was u ict n0 tlgE person. ahd iht Nt n
I cation uf tic claim was made uy one ference hi-f
This mater was Ar-t comnu u.icNcd Z" hr DO! Mr
william IT, Rockwell ,l.it 90 tii{ Fay mDsier " 20"
under date of March I'D. tl' feir'd q" ur :. u PIE
had ilst discovered that Riley Ind dTt1t $50 - ron
the Ciy Paymnstcrs Dep rtmcnt un fny lnl ol lind'
aud Places. unaer tie name Of Michael Kelly. nr
not ia any way. responsible Tor this IL would J.,
absurd fo suppose that the Controller can have nnl
personal know ledge OF the actual Performance tr n0.
performance Of work by the numerous men whose name
nupear On the many ppy-ruils OF the various Depart
uenis ror whether such names efe gcnuiae, ieuto.
nav roll from the Street COmmissiOners Department
IN the regular WAY. with certificate signed hV h
Street Commissioner lnd SIprilhi' Abet oi iaAas ah'
Places thht lhf services tl4--'" "'I" 'rl+.! l"f
formed and necessary. and could hItr rutIct
pared such fraud a. Riley pFAciieed. ". kocAHc.
Z" ssii Riley wu. in each el'r. sworn -,aei Kelly
md ..rn,d fc ros a.slrh. rso question q m Boo relation
10 wJt''L w.. ,.i. .,',h m me, ne W -l nd,
Complaint is made tnat d d not take measures % set
G bacL the money, or 70 have Riley runl,hco.
r. have no authority to bring any suit II hal &
4 would be- unnyaihrg q Riley. WHO wholly irrcs
por.ibe and tie city would only incur cost by suing
t lam not well enough versed IN av 10 know for what
ofiensc Riley could hc prosecuted but feuy OF crime
he mny Dee ted any day. and as the duties 81 Con
trocr fully occuuy me- suggest o. the yiraut gentle
men who know al tle fc. and arc 20 fond oi
10 that tlcy undertake Tie duty o. bringing au Justice
CHARGE As TO rISISEY NouLIoN.
u Is charged thai they presented clam g. the Su
pery!sors FOR ~ -i "a for building destroyed during
the riots of luiy 1903; that the Sup"ry r- reduced the
claim 20 s6Oil which the claimants decided 20 accept
that refused 10 paw ana they nttnrWlrd recovered
81 .H II
@ claim, thereby suiJcculg the county to larger
= clerr rc, So.
solted 20 thc supervisors vas 25'i iti9ueai neces
slTy 90 have a these carefully examined before Ylug
aud such was the effect Of the scrutiny exercised by
myself and those whose services had lu examining
Tie yiroas clnms that Up TO No. omber l-Oi. htd
reduced tIe amounts allowed b. the Supervisors SO ls
10 the county about s'dOJO ~ setting "ith the
cianauis There others IN TIE course oi htsat un
which I feel prepared 10 show by satisfactory proof
should he reduced.
Ny objection 10 the claim Of Pinkney q Moulton is
obviously correct The premises destroyed by the riot
ers had been originally schoolh0Isc The city leased
the property from them, and converted II INTO police
/, station, for which purpose 70 was hired l ieit con
WINGED tlat Piukncy Moulion should not be- allowed
. dnmuCes for the improy cmeuis made by the city.
How they succeeded In getting more damages from TIE
jury than they ever claimed have no means To explain
but llrcs sometimes measure damages oL very cXirnor
diuaIy principles aud they probably did 20 IN this case.
Whatever tAey mas have thought, ! could pursue 40
at ef course than 90 resist cllm when my conscience
and Judgment assured me that 10 unjust The dif
ference between tie jury aud myself t. that they ao
ed Pukucy MoIitUn compensation for injury ~ what
the city had paid for und owned, while would not
sent 20 cy such exlcton, and The jury crowned lhs
lhoraty according 90 tie lGHgunge Oi the charges BY
allowing tlau had ever been claimed thus award.
inR premium rr prosecuting an cXrayigant denind.
The judgment was iuay paid because the Counsel %
tht Corporation advised that rs 10 any efr0rof the ll
10 related ~ question Of fact, and there
dv. IluEnry .. Monitor consented 20 a reduction Of
some eeOJ ,.c amount oi the judgment, they
sonaily should Their couscieuces 10 doubt convincing