The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-12-28
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Action Against Ex-sstreet Commissioner Cor |
nell ana the sIanicipa, Authorities Pc |
cover S239,090 Ai,egcd 10 Have Been !
UuIawfniiy Converted.
An important action com meneed yesterday in : .
Supreme Court, by te cling in The Once Of the Co
Clcrk 81 Complaint and aah!avits, charging q ~ i
Cornell, ex.Street Commissioner, AMI mo mv ..s,-
authorities Of this city with having ur ave -
verted and appropriated the sum Of $2sas "a as
seeking 10 recover the same 70 "a raid 49, ~ -
treasury The papers In lhs cass arc dry n i ~
Of Christopher Pullman ans< Joseph a varnrs, T.
members Of the Common Council rno ,o,,o.s-n !. :
synopsis Of the complait made behalf Of c,o n,aia
tias by Joseph +. DAILY, their ~ .,orney:-
ccns ANT.
Commonasy or the city me t.ayef Asaermen ana
the times hereinafter entioned municipal corpora
uon; Una. .ne SoMw IN Council Of the city of New
YORK ID invested WI the legislative powers Of sail
Corporation for the of said city and thu,
the heihpsIs s,e' aof and were trustees Of the
property funds, and erscs arc or nav be COMMITTEE 10
ther mahase'u ent and CONTROL that the said Common
, ~ posed of the Board Of Ahernan and The
boafu Va Y ouncilmcn. the former having seventeen
memoers nd the latter twenty our members; aud
sne sS,a Mayor, Aldermen and Commonaity and the
sara W nmon Council made parties defendants
TO THIS action because their tho OF
the oy members Of the Common Council 10 be joined
tifH members of tho said Common Council and in
ilgt thereof corustees with the othcr members OF
Common Council e the aforesaid property. funds
preserve said property finds and effects 10 the people Of
sad city who the bsns6cares Of said trust that the
public roads and avenues Of the cty Of New York and
the moneys annually appropriated " the Legislature Of
tho SaAe q New Yk ana rssssd 6y upon che tax
Of sd Corporations par. Of the Aforesaid trust prop
ery and funds u the said Common Council, and thas
The said o0ps.sa bag general charge q s sns
roads and avenues that fhc defendant, Charles
g. Cornell, was q the times Hereinafter mentloncd
tn Street Commissioner Of Che city Of New York. being
10 chief Of me Bres Department established BY the
Nharter and swfy organised BY cersIn ordinances Of
the agsst Of Sid Corporation and his duties were,
among other thngA 70 have charge and direction Of the
s.s 9s e :s s x 'Ss %
Corporation for work, materials supplies relating
.ny q g. aforesaid n..,sra and ah q ne gSt,io
ssa S New YORK ssa S
upon acquisitions drawn OertiAsd and issued By me ma
street oOMm,s.;oner That On January 2 1es4 shs
grade ana work ths Eighth avenue from IlOth = lSsh
ssrsst = country road. Asying =: existed :ad
saS Cornell somnsnesd 70 msks snA and " he feun-
sry Ane Of l6osh street. and running south along the
prsressd line q said svenns. fitting y said marsh
oloo8 pH0Pooo0
distance Of about az hundred and any feet that Il leo5
oOpeirou.I icr, q. q ga ssI g p.s,sDdas -:
sold aning and The Comptroller drsw biz warrants Tor
said sum- and the .onnt paid @ the said Cornell
asnCs incasd me further aum Of g. 10 50 for The same
prstsndsA work. which WIN b paid out Of satd trust
Due shah 10 6n,shed Ths piastis then asss the. he
saad psetslee was ahs that 70 more than 900 cube
e :' s Sns o. ,da p: and That
10 effect thai the sad Charles G. Cornell converted 10
1oesy drawn shis own uss and dotfauded theciy out
seoopd@Ihss nom time to time during the years
missioner, with ineni 70 deaud the said corporation,
issued HE reQusltsons and vouchers 70 the sad Con.
for ms; .S Sss 70 e.
an yssRs ss.. ssy wore sp is III.
cost no more than $4,000 c-.' : -
The noxt charge tha. ssd Cornell overcharsed about
Third And for third cause OF action tho planunb
alege that the defendant Cornell issued his acquisitions
together to .oe sum q sioo asa ~ rpon no
false and fraudulent prctencc that said sums had
been lawfully incurred In the keeping Of Bcomingdae
road In repair during the said years and received the
therefore, whereas wor and msteiais the amount o.
s25 600 only have been put upon the said road during
no more than said sum- and that the city was rh6s do.
faudod ont s75 2o2 81 for materials which had never
been furnished; that 800 per year would keep such
road In the best condition.
FourhThc plaintiffs also allcge that the L.rislature
OF the State In the year 1853 appropriated $4,000 for
keeping such roads and in repair that there
was balance Of e5,ss5 from the previous year, and
that the Common Council transferred $4,000 tho
same account and that the said appropriation OF $4,000
had been raised by tax and deposited with the Cham
berain that the defendant Cornell fraudnlenily issued
further acquisitions received $50 39 q 1862
under the pretcncc expenses to that amour. had
becn incurred in keeping the roads and avenues OF the
city IN repair 46 40 being as Cornell alleged due
IN Tho np hu1
right 70 incur unless APPROPRIATION therefor hal been
previously made by the Common Council that
$l230 OF OF expenses thus incurred in excess Of
the appropriation made for the purpose; that Judgment
therefor recovered by said aborers and the
paid ont OF the city treasury.
Fifth-That the Legislature, in 1854 appropriated
S1t 0o0 and In 1865 S75 eco for street repairs which
Derlan that said defendant Cornell during 1888 1864
and 1864 made rcqustons for S2ss, SOS ~, alleging
that expenses 10 that amount had been incurred Tor
paid That section 50 cf the charter provides that AL
work involving an expense Of more than $3.50 most be
done by contract unless otherwise ordered Nv The CON.
mon Council. That the defendant Cornell neglected 20
advertise for proposals to keep the streets repair
the directs him TO do and neglected 10 contract
therefor; but that he employed 10 do the work,
without any authorization, by which means the plain
tlis say, tho city was defraudod out Of 100000.
Sh.h--Tnat the defendant Cornell had during tho
above years the working OF l55h street country
road and that ne neglected TO advertise for proposals
aud 70 contract therefor bit employed one WA Lynch
TO build wooden bridge the no Of 55th street over
the sat marsh there 10 the foot Of Brcakncck h and
at aaia Lyncn was pau slAa9 20 therefor ont Of tho
city treasury, whereas the expense 50 incurred was
usei les expenditure and les payment fraudulent act on
on tho part OF said del endant
Sew nth.--F1r seventh OF action the plain
tins that tie defendant purchased Of George
tau1ed sprnkling FOR $780, and employed sad
Canleld 10 sprinkle Iarirm lane Eighth avenue and
Boomingcae road. Without cd scrtsiag proposals.
and contracting therefor That said taufcld paid
81 500 for sad work Tor the months OF July Scrterier
and October 1906 that the employment OF al Uanl.
held was entirely without authority, aud that The cart
50 purelaaea WINS not WORTH more than sio0 the
ftpfr Qmr No
aegediraEdgent above narrated ria nts cav
have dana I'D the ciiy 20 the 81 $a39 Ola 81
Tho concluding allegation IL, Ia eject that about tho
l0l ot October, 1896 tic above named and other carcs
wcfc preferred agausi The said dcferdan. Corrp and
thai he aoilei 20 appear and them before