The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-11-14
BOARD OF AUDIT.

Important Opinion from the COrporation
Counsel.
The Board met 1t twelve o'clock noon yesterday
Present. Comptroller Connolly, ex.yudge Bonney and
ex-Supsrvisor Stewert.
Tho nrss called was that OF Alexander Brandon
Before the case was heard, Mr. Richard O'Gormsn
Corporation Counsel, submitted the following opinion -
TO tho creation and action Of tho Board
The claims against the city and county Of New York for
been heard and suSmi..ed claims dsersns nature
Of law sed Of fact Are new 2 DO and me time
ard county defendant. towards the Board o. Audit
claims menoncd-viz for services work and
s h .'n ssr ~ as =. ~ r
citizens having such claim. against the Corporation would
o. the ana sS
he light Of Board q xrbssors The msnSsrs o. ~Son
are from sss ea h. q. .nd PECULIARLY
and aa Thee he q Il s Is s
humorous and mportsn. claims now % DO presented.
Ss' S.. n ds on =: ss Of the c
o. audit he 4 made me lsss withhold his
justice with The ordinary right Of Of issues OF fac BY
soSrs may seem bun sd,s A'eA' "nsn''ef '1'a
DIs ne the sas sy 2, ss city
Fb he LEGISLATURE has no power TO compel any
any tribunal other than the ordinary Of Law and
Tie RICH. Of trial by jury nvoiate 70 cver'
by state constitution tart clio section g. The right
caed IN Tie court Of xppe in Which tie question was
directly raised whether nc es,lature could ne
psniHs in thst case. The Court ssys:-.AIi nun cpsl
siways could in state be sued in courts q Law
and equity There !. 90 rss.sp yay the Lesislsa,s oad
ss.ns, such nor have they fny mo rsns
OF common law and thus deprive such municipality Of tho
fherc Is reason why this light 10 trial by jury secured
ciren should not belong 70 sash corporations; no
.SosId deprive ne inaruss ~ ,hes psrsonai ri8s.s
Public policy and common justice would grant such rsht
the intended % exclude such corporations from
The duties and powers 81 these sosss arc seems to
me, The Similar hose o. ne Comptroller By
authorize The erection o. tribunal before Witch All claims
against she o 81, pad be ecmpnsoriy investigated with.
fssrs are o6.r Digestion. Which, may Re urged bu. the
ss sc cas.ass ss Bsasds oct and
% p0s than oSs sssI TIE y ss ss: %a ss
ccncuslvrly: SCaap.isse Laws 1871
tho sonsa,ltea. iis tSs People !. H.s Tiffany sSj
s.s nos osrs s
There Is no term Of onicc hxcd; there % no Data OF
board o. Audit; did Greats Board OF Audit 70 APP
.' being so i %oossas one of x.
T % Ss's o ss ss ss'.s
s s y ss as s@SeS q The sss ., AUDIT n not s e.
Leyslnrc Governor cannot transfer the any
csher person without the authority OF the act creating H.
RICHARD O'0ORMAr,
Counsel 70 the Corporation.
The Board TOOK Mr.. o'Gorman's opinion, and, Won.
turing opinion upon H. reserved II for future
siderztion.
Mr.. 0'Gormss Offering no opposition tho Board then
took up the chim OF Alexander Brandon. Mr.. Brandon
testified that be furnished various regiments constu
Ing The National Gard stands OF coors amounting
Ss,s s: sSd p.
were regular. HIS previous bills had ell been paid;
some Of them he sued for and had recovered udament
The prices charged for IN thse bills low In fact
cver than they would have been n Ball. Black n Co.
or n1asy Go. bad furnished the coorA Several
small claims then heard after which ME Bcsid
adjourned until today a noon