The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-11-19

Ter ana not an omcial duty, you engaged counsel
Councilmen and try to relieve them from
the penalty they had incurred by dis
regarding the mandate of the court. In
1866 Mr. Pullman, member of the Common
Council in the laudable endeavor to save the city
| the expense Of contract for lighting this city
| with gas. which the Common Council were about
to make for twenty years at . vast outlay:
brought action to restrain the contamination Of
| the wrong. Instead Of assisting him in his honest
effort you engaged two special counsel. at extrav-
agant Fees and paid them out of the city treasury,
to try and dissolve the injunction and allow the
| contract to be made. s 50.
In 1866 . suit was commenced by member OF
the Common Council to prevent the execution by
the Comptroller Of certain lease Of premises at
| lis and III Nassau street, from Fernando Wood
for ten years, at annual rent OF SIS 600, the
same premises being worth only SO 900 per year. as
certified to by prominent real estate agents In this
city. Instead OF assisting in this suit which would
have saved the city vast expense you interposed
| demurrer to the complaint and retained eminent
counsel to press it, with the design Of checking the
action at the outset and preventing, if possible,
| any similar suit by any honest member Of the Com
mon Council who desired to stop the schemes OF bis
| colleagues.
| In March, 1866, an application was made by
citizen of this county to the Board Of Supervisors
| to allow him to inspect the papers, records and
| accounts pertaining to the construction OF the
new Court House. he could not see them. how
ever, because they were not deposited in the office
OF the clerk Of the Beard as they are required to
be by the statutes of this State. but were kept in
the private possession Of the Court House Com
mittee; he therefore applied to the supreme Court
for mandamus to compel the Supervisors to place
such books, papers and accounts in their clerks
| Office, to be there open to public inspection. rs
| the law OF the State directs. Although this was
just and legal request, you retained eminent coun.
sci, at an expense Of $3.50 (Which was paid ont OF
the City Treasury, to appear in the Conrt on be-
half OF the Supervisors in answer TO- this manda.
mus. Az. however, all that the eminent counsel
did for his $3.50 was to tell the Court that the SUE
pervisors would obey the mandamus and put the
papers in their clerks office. it is supposed that In
| this case there intention to oppose the ex.
ecution of the law but that your custom required
you to retain ard pay an extra lawyer on every
pretext. 4f
following rema rkable fact-That in the last twenty
| months You employed William G. Trull "a partner
in the law firm Of Deven, Miller and TRULY as
counsel on behalf Of the city in various suits, and
paid him the OF s9,775 as fees out of the city
treasury. Also that at the same time you EN-
ploycd Mr.. Miller (another partner in the law firm
OF Deven, Miller and Trull) counsel on behalf
Of the city. and paid him 81 1000 fees out Of the
city treasury. It appears by examination of the
court records that at this very time Mr.. Trull and
| Mr.. Miller and their firm Of Develin, Miller and
Truil were busy engaged IN sueing the city and
recovering judgments against it for advertising
| claims Of the New York 7rcnsc-ipt and other
claims of other persons, and that they did thus
| record judgments against the city to the amount
The question arises whether the facility with
which Messrs Dcvelin, Miller and Trull recovered
Judgments for slo2,454 against the city impressed
You with such high sense of their ability that you
employed two OF the firm to defend the city
against other claims brought by persons who did
4 not happen to be their clients?
| Il happens that Mr.. Develin, OF this same drm,
| was your immediate predecessor in Office and Mr..
Tru!l was his assistant, and that when he was
Corporation Counsel the New York Transcript
| obtained enormous judgments against the city;
also that Immediately after their retirement from
tho post you now hold they took Offices In the
same building with your official rooms, and ON the
| same floor, and commenced to sue the city on the
| claims of the same persons whom they should
| have defended it against when they were in
i power; and IL Is the judgments which they OBJ
tanned against the city that you urged the Comp
troller to pay. Mk III suN
The following IL q statement OF such judgments
against the city,
Judgment OF the Now York 7ranscript lob
tanned by Dcvelin, Miller Trui june Il 1885, $50, sos
Judgment Of A. J. SicCuoi obtained BY Deve,in,
Miller Truln, October 81 1885,. n.ooa
Judgment OF the New York Transcript obtained
BY Devein, Miller Truly. january 8. 1861. 3A7io
JudgmcntofE re. B. simmons obtained by Develin,
Judgement OF the New York Tronscrip, ob,ainod
by G. E. Miller, April 10, 1851. 21.74o
The following Is the statement q the fees paid
by You to those two lawyers In suits wherein You
| employed them on behalf Of the cty:-
/ william C. Trull counsel fees 10 tweniy-sght
suits .......................... SgIIo
, c l. Miller. 10 ons suit 1000
| But il appears that not content with employing
/ extra counsel on so many occasions, and paying
them from the city treasury, you finally employed
/ ,yourself a. your own extra assistant and drew
the sum Of $4,000 in that capacity. 1t appears
in the county records that in the present year the
Of the taxation Of stockholders OF city banks
| was determined in the Supreme Court at Washing
ton, and that you certified to bill OF $50 900 for
counsel fees SIC, 900 OF which you certified to
your own individual fec in the case. And this
| 900 was paid to you. Now. the Citizens As
sociation presents TO you the following facts by
the charter of the city Of New York and the sub.
sequcnt acts Of the Legislature your compensation
| is provided for as follows
Salary Counsel to Corporation .......... 81 500
Salary lieu 81 fees in street opening $500
Salary member OF Board or Revision. ........ 1000
Salary legal adviser Of the Board Supervisors 1000
Total ...................... s25, 900
OF this sum SIS 900 goes into your own purse
| every year, and as much more an you can save in
clerk hire. The duties which you are required to
| perform for this pay arc as follows:-
= "ro have charge OF and conduct all the law bu-
siness OF the corporation, aud OF the departments
| thereof, and all other law business in which the
| city shall be interested when 50 ordered by tie
corporation, and have charge Of and conduct
the legal proceedings necessary In opening WIDEN
ing or altering streets and draw the leases deeds
and other papers connected with the Finance De-
4 partment.."-- (Charter OF 1857, section l6.)
| .sThe counsel to the corporation of the city OF
New York shall be the legal adviser OF the Board
Of Supervisors. and shall receive such compeIsa-
Board, not exceeding the sum Of 81 900 per an.
| num.n-(Laws OF 1857, chapter 81
IL would seem that the foregoing enumeration OF
duties which are paid for so well embraced all
possible legal services you might be called on TO
render. You, however, thought differently. In
the litigation 20 the right to tax the shares Of
stockholders Of the banks by the county, which
was finally decided in favor of tho latter by the
Supreme Court at Washington, you assisted in con-
Quoting the proceedings on behalf Of the county,
a IL was your duty 20 DO, and in addition TO certs
flying TO q bill of $4,000 OF two able counsel to
the astonishment OF tho taxpayers ycu certified 10
bill made out by yourself, for yourself, for
$4,000 for legal services IN this litigation. The
| Association submits that this was . wrong per-
petrated upon the community. Il.
The city and county give you s13 900 year for
| yourself, $4,000 year for your clerks -, 900
wear for your ONCE rent, and $50 900 q year for
| every conceivable expense besides. and yet you.
for 4 matter which belongs plainly 20 the scope Of