The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-05-12

INTERESTING LETTER FROM Mr.. SHEA, CORPORA
TON ATTORNEY.
Law DsrARrxsNr CIrY or NV YORK.
OYrH OF THE ATTORNEY TO TIE CORPORATION,
Nos. lis AND at7 NASSAU SrREBx, May 3, 1880.
70 the Honorable NoRaAS yuxEs:-
SR-I am informed that resolution has passed tho
Board which you preside the effect that the Corpo
ration Attorney be directed 70 discontinue all suits pend
ing for tho enforcement Of the ordinances Of this city
Although am as yet without any Official Information
from the Board concerning the matter think It we'll to
take notice Of that resolution far 70 make the
occasion Of communication 70 you.
have no knowledge either Of the cause on Of the
supposed necessity for Offering that resolution Of the
real object designed 70 DO affected by IT, II is entirely
Retrospective in its language applies 10 all suits pend
fng does not contemplate those thereafter to be COM
menced; It does not apply to any particular person
sai or class OF persons on Of suits; but 70 affect all
shall DO absolutely discontinued until further orders by
the Common Council The effect Of such direction n
II should pass and ultimately become law, may cause
favor OF the defendants for tho OF these suits
do not aude 10 other and greater injury TO the public
interest that would obviously result AS have never,
officially otherwise had tho slightest suggestion made
TO to what defect or wrong, any Is purposed to
to be protected by that resolution, am, therefore,
unable TO speak deAntvey the subject But indeed,
resolution whatever the cause is-that s II proper OBJ
ject In view Whenever II is made known 70 me that
person has been wrongfuy sued either by tho charge
ned speak Of the administration Of Affairs since have
been here am unable TO speak OF former administrations
And such will continue to be the rule Of this oce for
regard the prosecutions under the ordinances of this city
intended not 10 be source Of revenue, but strictly
one Of correction and discipline. whenever complaint
is properly lodged FIRST seek correction Of the offence
by trying have the offender comply with the require
ments Of the ordinance applicable TO his case 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
person is charged with obstructing the sidewalk or
vault cover is loose or out OF repair or person has
where be l. dealer in Second hand articles or Keeper
Of what is commonly called "tunk shop" and has no
book Of his purchases-in all such cases have sus-
pended proceedings in the action until the defect
planned Of Is remeded and when the ordinance violated
Is complied with-that is In cases where the offence
does not arise from habtual defiance Of the law-I
init the penalty because the parties have shown will
ngness obey the municipal regulation and the object
Of tho ordinance Is not but discipline and order
ent habual voator Of the law have not hesitsted 70
enforce the full penalty. Nor shall 80 long hold
do my duty. As am at present unable TO appre.
bend what determnate point the resolution In question
aims at must be allowed % treat the s1o)ee, generally
Councimen should have very exact ideas as TO the pre-
sent mode and principles Of conducting the business OF
this Office II will serve for guidance in any future
legislation concerning IL
All charges with few exceptions, for violations Of or
Of Police This Is the method pracsed n all large cities
in Europe and In this country. Less complaints
for petty annoyance than by encouraging charges TO
be made by private informers and besides, our police
under the correction Of their Official supercrs These
charges sent In lists to this oce IN numbers and
embrace offences under nearly all the ordnanceO they
contain the Of the person against whom the charge
made his residence the nature Of the imputed viola
ton, and the name OF the ofhcer making the charge.
Upon these charges actions commenced by summons
as s as trial. the ocer who makes the charge is sub
p9naed 10 attend as witness 10 prove the case It Ia
impossible 70 have any preliminary examination into the
thing act In the first instance upon the report sent 10
this ONCE by the Police Commissioners. When the
served on the defendant he before the return
day of the summons come TO this Office himself,
by competent person mako an explanation OF the
cip:s which have herenboore stated the matter viii be
b at once disposed Of Again. where through the neglect
with the Judgment on the same principle And for this
find authority given me In article third, chapter
nfth, Of the Revised Ordinances Of this city.
Let me now sir, call your attention and that Of the
Board Of Aldermen 10 some Of the classes Of which
require exceptional treatment
Fs-Liconscs arc granted To dealers in second hand
articles and TO those who keep what are called 'Junk
Shops" the second Monday Of May in each year for
the ensuing twelve months Parties applying any inter-
mediate time during the year have deduction made,
but must pay for the whole year. Among the charges
and April last, by the Commissioner Of Police, are
many against persons doing such business without
licenses In all these cases actions have been COM
menced; but as In most Of them tho parties have been
allowed sort Of tacit consent TO go along without
license to nearly the end Of the year. and in others the
parties really not that license needed
but followed the example Of other persons have caused
nearly I'll those cases TO he suspended until after the
81 Hs as e T
year and the prod Of such license showing their
disposition to conform TO tho law, they have already
been informed that the penalty Of the past violation will
not be enforced The cheerful acqucscence of the par
ties themselves in the justice Of this leads TO
hope for more general observance of the ordinance
rrcd In n TIM
would bc likely 10 compel
Secord-Among those charges lodged at the time
many against persons OF the classes for not
keeping book record Of their purchases making pur
chases from Minors and after nigha These arc really
these charges are made is In aid Of the police II is II
obeyed check upon the commission OF petty arccnics
aids the police to trace and recover the stolen article
and 10 detect the cuprt II Ia the least Objectionable
method Of exercising commendabe and necessary
vigilance shops which, left undiscplined would
In the hands Of careless dishonest persons be the
repositories Of petty thefs and become semnaries Of
larger crimes II this ordinance did not exist or Ia
not TO be enforced frequent Inconvenience will BE- given
70 these shopkeepcrs themselves by untimely and
authority Of search warrants No good citizen viii
The most Of the cases now pending, on The
charge Of not keeping such books or record Of pw-
s Of an %
produce such book or record 70 the proper ocer and
assured them that upon such occr certifying TO me that
TO him by such person that the penalty would not be
forced although strict observance win hereafter
CURED But SIR against some OF the persons complained
Of II would be ridiculous and unjust TO ask compliance
with the law find that some OF those who have been
reported against by the Police Commissioner and there
FORE sucd cannot read write They have their license
though a. second hand dealers and 'yunk shop" keep
ers and have paid therefor They incapable them
selves OF keeping written record OF their business trans
actions and a. their dealings are limited to the pur
chasing OF few cents worth Of old rags bottles old
iron copper &C. the amount OF trade scarcely usncs
the employ mcnt OF bookkeeper intelligent assistant
have, on being made acquainted with those cases. At
once dismissed them a. improvldenty complained Of,
and AZ being ridiculous and oppressive TO poor and gno
rant people The correction OF the evil Ia not with
finish duty by calling your attention TO the matter
Thfd-There are persons who, being sued for viola
ton Of an ordinance excuse their act and with
show Of reason, by stating and with TRUTH that others
sometimes on the same block with them--do the
thing, and not complained Of or prosecuted.
To explain to them that tho others have special permits
sion 10 cucumber the sidewalk from the Common Coun-