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

TIE CORPORATION COUNSEL
-~-~--~---~---~->~~s
Letter from tho Citizens' Association -
Richard O'Gacman-The Judgments Asainse
shs City-Hew They Were Obtained in De-
aance Of law.
CRrIzESs' ASSOCIATION or NEW YORK;
8l3 BROADWAY, Nov. IL, 1867.
RI0nARD O'GoRxAN, Esq, Counsel to the Cor
poration of the city Of New York.
BIE-The Citizens Association Of the city Of New
York begs leave to call your attention TO the fol-
lowing letter, addressed BY You to its Committee on
Nominations, and also to certain matters connected
with your department and tho administration of
NEW YORK. Nov. 6, 1865.
GNrLEsEEx-Ih have received your letter inform
ing me that the Citizens Association Of New York
have nominated me their candidate for the
Office Of Corporation Counsel at the coming char
Ter election. N aM
lam very sensible Of tho honor TINS conferred
upon me FOR arm we'll assured that your choice
would not have fallen upon me II you were not
satisfied that my election to this responsible Office
would snbserve the best interests OF our noble
city. and that would be As earnest IS yourselves
g ds1end ~ rigats assert its honor and protect
ITS finances from adverse Influences, from what
ever quarter or in whatever shape they may be
The once Of Corporation Counsel is purely
CIVIC Office having no necessary concern with
political parties OF with the great political issues
which agitate society. It is an Office of honor,
Indeed, but at the same timc OF labor, care and
sesponsibility., The lawyer who has the city Of
New York for his client and endeavors honestly
and efficiently to discharge his duties to that client
win have his hands full and no easy task.
With these views Of tho importance OF the
ination and pledged me your cordial support and
with these views before me I gratefully and
proudly accept your nomination and your promise;
and In return pledge myself to you, If elected to
this Office to devote all the strength and energies
possess and to use all the powers the Office may
AFFORD to aid You in your desire to ensure for the
city and is citizens, At whatever party, future
q progress and improvements. am very truly
i. -le7 4 4 RICHARD O'GoRMAN.
You entered on the duties Of your Office on JAM
nary !, 1866. about one year and ten months ago.
You are the legal adviser. the lawyer" of the
Corporation Of New York and tho Board of Super
visors.' and your duties may be simply summed up
thns:-
Fsrst.-To defend the corporation and the county
against illegal claims. @ s
66cond.-To commence suits on behalf Of the
stty when directed by the Common Council.
1nird.--To give opinion the law when d.
xected by the Common Council and the Board of
Supervisors. ~ M
As above stated, you have been in Office for
about twenty-five months, and in that time the
city and county have been compelled to pay for
Che legal services above described the sum Of
el52,97l. In order that you may understand why
your attention is called to the amount which the
city has paid you, we simply state that in looking
3or the results Of such vast outlay for lawy ers
ices we find that during the twenty-five months
You have been In Office judgments have been re-
n ha fv IN he fofe
The Ctizens' Association desires to present the
following facts to you in relation to these judg-
ments, in order that you may explain them, II
It appears from the records OF the several
courts that the sum Of $l94 .OO4 was recovered
during your term Of Office by Judgment against the
city for advertising the proceedings and notices
Of the Common Council in certain local papers.
This vast sum was recovered in open defiance Of
the law.
By tho act Of May 1, 1866, the sum Of $50. 900
Vas appropriated for such advertising in 1885, and
Il was expressly enacted that no greater sum
Nhould be expended for that purpose and that the
city should not be liable on any contract for any
q * New sSv be
Tor such purpose after said $4,000 had been ex-
pended. .
By the oct Of April Is. 1857 the sum Of $50 900
IVES appropriated for such advertising. and Il was
declared that no greater sum should % expended
Cor such purpose. and that the city should not be
liable on any contract for any greater sum, and
0QOuQ eukcFoO
ity for any sum for such purpose after said $50 600
The sums 50 appropriated in 1866 and 1867 have
been duly expended By the Comptroller in paying
amount, $l94 900, recovered by judgment As shove
stated was in excess Of such appropriations, and,
therefore, illegal.
1t Is singular that you, the lawyer OF the city,
visions Of the laws Of 1855 and 1867 which had
been passed to protect the city, permitted them to
be openly violated and dehed, and allowed such
Judgments to be unlawfully entered. e
Most Of these judgments are entered in the
Superior Court and Court Of Common Pleas. In
che Supreme Court some Of such illegal claims
were brought in the spring and summer OF 1865,
1hem. The claimants appealed to the general
Germ, and the general term unanimously rejected
Ill such claims, declared the acts above mentioned
constitutional and saved the city from attempted
plumber.
So far Il was well but the bafiied claimants
thus shut out from the Supreme Court, brought
their illegal claims In the Superior Court and
Shat you again appeared to defend the city, but
now you did so will be inquired into further on
These courts gave judgments against the city and
allowed these claims in the face OF the acts OF 1866
and 1867 pssscd for the protection Of the corpora
Zion; but you took no appeal from these judg
ments to the Court OF Appeals, although from the
decisions Of the Supreme Court II was probable
shat you could have had the decisions Of The Supe
Eior and the Common Pleas judges reversed.
The Association leaves il a. matter for inquiry
Why you have neglected the interests Of the city.
II also deems it interesting to examine the manner
A which you defended those illegal claims in the
last named courts. It appears from the records
Shat tho claimants in such suits (where sometimes
- much az $34 900 was involved In single casc)
gsve no details, statements Of the items, prices.
nor dates Of the work for which they demanded
Judgment. ae IN
It also appears that, instead Of compelling such
statements TO be prodaosd and filed or moving the
court to have the complaints OF suoh claimants
made more definite, yen merely intsrposed an an
swer setting forth that there was appropriation
% pay the claims. Owing TO this want Of Darticu-
ears. either IN your papers Or Tire caimants', the
oourt had no information ~ - whesher the york
alleged 70 be done was done prior 70 or after the
Sersfcre could mot fn6v that those laws sn.iied