New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-11-30

expressly enacted that no part OF said sum shall be
eded IN payment Of Judgments obtained ~ oontrnrentIOH
ofte provisions OF Chapter SIG Of ne iars OF 1866"
Section OF the Act OF 1867 also enacted, mo portion OF
me amount raised under ne authority Of is Ac shall be
iebeeSs incurred ia The year 1866. or prior thereto erep
FOR any Sch Obligation o. indebtedness which herein DC
rs eyressy directed 10 be paid out Of such amounts"
Your advice 10 the Controller To disregard these eI
nrs provisions OF the law and pay the Judgments OBJ
taiped in violation thereof DO accounted for only
when We take In consideration the facility afforded the
claimants TO obtain the illegal Judgments. As TO your
reply respecting the employment Of extra counsel 70
assist you and paying them over $1,000 out OF your
contingent fund" for their services. the ASSOCIATION
finds you have admitted the truth OF the charge ana
pleaded that the great Of business rendered
necessary the Association calls your attention to
ths fac-that all the in your office may be divided
into four or five classes that the law applicable to eaen
class has settled again and again by the courts ana
Iii Won have routine Office duty perform In respect
Of each which does not demand such expensive extra
great number OF these cases belong TO the class OF
CLAIMS for work done for the city for which there is
mo appropriation a great number belong TO the class
OF claims for damages arising from the riots OF 1905
great number 10 the class OF claims for injuries through
neglected streets &c, and some claims on contracts
for extra nav overcharges, &c. Now the law applicable
TO all these IS fixed you have only 70 deal WIN
s which your clerks are supposed TO be able to collect
and s aided by all the departments Of the CITY Govern
ment where the claims respectively arose. - IN
There prOprety In your employing the very ON
cas who occupied the position you hold before you we're
elected when you must have known that tne people VI
this city wished them always discharge the functions
of the office they would have reelected them and have
The Association would remind you that when the elect
ors change their offices they desire change OF admins
ration aud that the new Incumbent who employs the
old ncumbents 10 perform his work. acts uusy 70 tue
n IL useless TO say that YOU have done what you have
for the interests Of city, tho facts speak for them
selves Tn 1865 the last year that Mr.. Deyoln and Mr.
Tru and their extra lawyers did the business OF the
office the Judgments against the city amounted to
sG and now while you and Mr. Trul and the same
extra counsel do that business the Judgments amount
sE45s9 49, showing that the damage 10 the ely mas III
The Association has one fact 10 call your attention 70
in respect of the employment by you OF Mr. Trull I
has
you reply that he fully earned IT, in addition 70 s
81 775 paid him your contingent fund" you also
paid him 5000 for his services IN the bank eases Now
In reference 10 his services In the bank II was ntSh
tnrn ~ MAYOR Hoffman 10 PASS upon Mr. Trull's bill he
promptly recommended that the bill be sent back to that
Gentleman for reduction Mr. Trul who does not seem
10 have so high opinion of the value OF his services as
you have, consented, ia accordance run mayor HoUhd
recommendation, To wholesale reduction OF FOVV anu
accepted the balance. ,,
Mayor Hoffman who insisted a reduction Of that bin
for Mr. Trulls fees, is lawyer well as yourself aud
must have because he thought II an eHorbitant
charge ,, A.. l. 49,.
several matters in which retained counsel 10 RESIST
proceedings to bring certain local officials 70 proper
sense Of their duty recollection OF the facts and tie
records IA not correct Mr. Cornell the late StreetCOm
MISSIONER did refuse permit the records OF his oce TO
be Inspected and when the mandanus issued by the
Supreme Court 10 compel him 90 do the counsel you
retained FOR him did endeayor 20 prevent such Inspection
The following extract from the argument presented by
such counsel must have escaped your memory:
Extract UGOrndnS Points IA ne COT1,H mnHddDius
cited hshafof The r-at9 'u,s 'h oa fae and ;,
hools Voucher Sc Of public oaee zoe 'lsa 100. a., '
ana Which BY doeapst which b. specially desires
anime The raor further Nos the pube good does aoi
sJare public oGcs onsua Pub. documents in h' 30
session uJ al cIens vAo have peoaA interest 'he 'ae
The clam t, each etI,a when he P,,, g into pebble ~
zee md copy then and here al hs pabe documents su sur
Now the Court did not concur IN these views ad,ahSeu
behalf OF Mr. Cornell as you state but declared A5 io
lows
k ,Si so, o5s,Sr eooroo Ia no, fb %
eners uspeeto6 public reood have ths' come % ne
hs Inspection also 10 make 'sA s' Of ale a''44'H''
These extracts are taken from Volume % OF Howsrds
Practical Reports page fs. &C. where Tie Nhoo case Is
reported at length The Association trusts you vi" th'iV
Again In the case OF the suit brought by Mr. Pullman
90 restrain the Common Council from executing tho IN
f9nCns 96veor as contract which would have cost tho
rIty millions OF dullas ana which Mayor Hoffman very
properly vetoed you state that your only object ~ de
Court TO control the action Of tue common toun.h =,
that had been your only desire you could have ATTAINED
The end nv iutsrposing nn answer demurrer and had
he issue ascd IN proper manner. But mark what the
facts are upon record:
Beiofe tie day upon which the Injunction order was
vet down for argument arrived, you huriedy onalned
m AFFIDAVIT from Mr. william N. Tweed, the Deputy
8treet'C Commissioner under MIR. Cornell, declaring that
the city would suffer by delay IN executing that contract
Tor gas, and on this affidavit you obtained an ofuer 70
show cause IN I'VE six days why the Injunction should
not be set aside that the contract coud pe made You
nurredy brought your extra counsel from the county
argue the matter end to crown al you PTgposed 70
bending and before It should be decided he should con
enton Mr.. Pulmaus behalf 20 modify the injunction 20
"A
advert. for bids FOR that contract although you ccre
oud 10 kno hat me atc deoares hat iohe slch bids arc
nS II ne Contract tci him had 5,ea duly dTar w. aged
and scdicd ", other ords WhHe yo icanird 70 ies me
bsfrdef question NJ faN % ne right Of he Court 10 iHr
ere yos desired 10 hare he rOus contract c0HsaDdtcd
10 as 10 make Dr.. PtdinaHs stnt IA tde Jaroe,
And now 10 the suit which Mr.. Pullman brought 10
have the Fernando Wood lease ~ Nos 10 and III Nassau
IT, aside You ray that you had commenced SUIT ior
the object and by means OF ~ had protected the
city, while Mr. Pullmans suit has turned OUT nhienaDo
and abortiye," and that you dlstrused MI fuAinah
IL could be contaminated by you. The Association now
calls your attention 10 the fact that the records OF the
courts are against tho truth Of our statements
You dd mot commence your suit 10 &C. a.iuo tiuse
until about three months after Mr. Pullman had
commenced his suit aud obtained an injunction prevent
Ing the execution Of the lenses. Hhen he sO g0ti ne
cay and had sPped The scheme you eeiy prooooded 10
suit aud Mr. Pulmans suit on the same days and beat
you and Mr. Pullman She day. you and Mr. Pull
orders setting aside your respective iniuncuons but Mr..
fuimdi tch0 ras not 10 BE- bcGic fIsy obtained az
peal could be- heard; dfr lr Pullman, had thus dgai'.
sOc yOti the ray 10 cck me COMMUNICATION of ne leases
Mr. Pulmans suit Is not only alive but quite rs well and
hearty yours both Of them waiting their turns TO
be heard together IN the General Term appeal while
Mr.. Pullmans injunction st bars the way 10 the con-
summation Of the Wood leases. You have still inter
NJ beaing him from the Held, aud the Association renews
is that account, and recommends that
partmcnt, you might az least your own salary BY
making yourself acquainted with tho progress Of that
Tho Association charged yon with having avowed your
determination 20 press the scheme known As the widen
Of Annst. and with having, when the Common Council
about % escnd the project gone 10 Albany and oh
tanned tho passage OF special law to consummato tho
Job. All this you deny Here are tho proofs against you
In January 1885, Just before were To apply 10 the IA.
preme Court for the appointment of Commissioners to
carry ont the AIMS widening scheme one OF tho cO1n-
sci OF the Association called upon you and stated that tho
Taxpayers Of tho city, the property owners along tho
street 10 DO affected, and the Citizens Association, deem
Ing the scheme unwso aud intended FOR private and not
public benefit intended to oppose ~ that a. " had been
inauguraed by Common Council which had gone ont
Of existence and the first step ia IL had been taken ny
your predecessor In Office lMr Deyelin), IL was believed
that the Reform" candidate, then newly elected
would not permit the scheme to be contaminated 1ot
anspeed that you considered your duty 70 obey ne Com
Council and carry Il Out The counsel then told you
at N Ia \,