New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-08-19
Charges of Official Misconduct.
The Mayor, Controller, City Inspector,
Corporation Counsel and Re-
corder Complained Of.


ona snecifca,ions of official misconduct against
wo,,bew r. Brennan, Controller of tho City of
New.York; C. Godfrey Gunther, Mayor OF the said
CITY; Francis /. A. Boole, City Inspector OF the
.oid city: John L. Develin, Counsel to the Corpor-
alton of the said city, and John T. Holman, he
oorder of the said city, and each of them, and ask
that the same be examined by you, and the guilty
narties removed from office, as provided by law;
CHARGES.
THAT the officers above-named, being authorized |
o,a reouiredas Commissionersby an act OF the Leg
;.latnreofthe State of NcwYork, passed May l. 1862
for cleaning the streets OF the said
CITY for term of not less than five years with the
,orson or persons whose proposals should IN the
;Yacment of said Commissioners, or majority OF
them secure the most effective service and be most
advantageous TO the public interests, did wiliuiy
and corruptly dsobey and disregard the provisions
and requirements of the said act; and did wlilfuhy
and couuptly in pretended compliance with the
said act, but actually in subversion and violation
thereof, make a contract with persons for cleaning
the streets of the said city, for term OF ten years.
whose proposals were not, as the said Commission
ers well knew the most advantageous TO the pubic
interest.
vice: and did winfuy and corruptly plan and con-
snmmate a fraudulent and wasteful job, for the
purpose Of securing personal and pecunary bene-
fits TO the said Commissioners, or some OF them,
and of illegally and improperly enrching per-
sons who are their dependents or associates
and did, in other respects, williu!ly ana
corruptly misuse and abuse the power ana
authority conferred upon them, as aiore-
said, and seize and usurp power and authority
not conferred upon them by the said act, TO the
great wrong and injury of the public, and to the
great pecunary loss and damage Of the Corporation
of the City Of New-York.
First Specification.
That the said Commissioners being required by
The said act to make the contract thereby author
lied after advertisement for proposals of not less
than ten DAYS, 10 commence within ten days after
the massage Of the said act and having published
such an advertisement, dated May 9, 1865 inviting
nropcsals for cleaning the streets of the said city,
10 be deposited with them on or before the I'D day
of Nav. 1865, at u O'Clock noon; and seven or
more sealed proposals for doing the said work hay
-, boen denosited with them in accordance with
,ho said advertisement the said Commissioners did
xnfnllv and corruptly refuse aud omit to open the
ss;d nronosals or any of them and make the con-
tract required by the said act under the false ana
frivolous pre.ense that "the interest OF the CITY
and iustce to those seeking the work. required that
essential notifications should be made i'll the spec-
fcatons7 therefore adopted by them, but IN fact
because tie persons or some or one OF them win
nam q contract was afterward made by the said
Commissioners, not then being able to offer sure
tes. each of whom could swear that he was worm
sneh sum that the whole of them would be worth
the sum of s250,O0O as was required, had not de-
posited any proposal with the said Commissioners
Second Specification.
THAT the said Commissioners having refused and
omitted to make contract with any of the persons
whose proposals for cleaning the streets Of the SAID
city they had received as above stated, under the
pretense that " the interests Of the city required
that essential notifications should be made
in the specifications did thereupon prove
that such pretense was false ana
fraudulent by preparing andssuing amended speci-
fcaons being the specifications with three further
notifications hereinafter specified, included in the
contract made by the Commissioners as hereinafter
stated, which did not contain any modification
whatever calculated or intended to promote, secure
or protect any interest of the said city.
Third Specification.
That the said Commissioners did willfully and !
ooruptly make, in the amended specifications so
prepared and issued by them, and the agreement Of
which the specifications are part, the following
changes from the original specifications and agree
ment being all Of the notifications therein, except
such as were merely verbal or unimportantl, each
and all of which we're calculated and intended to
advance and promote the interests Of the Contract
ors adversely to the interests of the city:
l. They substituted themselves in the amended
specifications and in the contract made in the place
Of the Mayor, Aldermen and Commonalty Of the
City Of NewYork, as the parties Of the first part
to the contract, with the corrupt and fraudulent
purpose and intention of rendering nugatory pro-
vision Of the specifications that the Contractors
should indemnify {" the parties Of the first part
against all damages, costs charges and expenses
which d" said parties of the first part" might "sus
tain be put to, for or by reason Of any miscon.
duct or any negligence on the part Of the Con-
tractors their agents or servants, in carrying this
agreement into effect" by limiting any recovery to
the damages, &C., which the said Commissioners
might sustain or be put TO- which beingmerely per-
fona would amount TO nothing.
:. Having made the changes above specified, they
omitted TO add any provision continuing their own
power and duties in and to their successors
IN ONCE, with the corrupt and fraudulent pur-
pose and intention Of Withholding from their
successors in office any and all power and control