New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-11-22

behalf " the city every possible occasion, ana pa hs
them enormous fees" Since my entry into Office nave
retained various lawyers behalf Of the city IN various
cses end have IN each care cndeayored 70 secure SUI
city without sYecay considering whether tuch lawyers
were my friends or not Y0n take special um1lage ~
the amount " fees paid 70 two gentlemen one III run
ana the other MI John X Hackcti, Recorder Of this
city. When came Into ONCE found that Mt Taehes
lad been employed by my immediate predecessor rs
portanee then pending IN the Office especially IN nIaer
the riots Of 1868. with the facts ana law
OF which eases Mt. Hackett vas familiar
/ did not withdraw tho employment SO given: did not
think for the interest Of the city that should 90
had then but littc personal 1equdHtGhee WIN or
half OF The city, and satisfied Of bis competency IL
seemed 10 lOr the good OF the ey that be SHOULD 20
With my IDEAS Of professional courtesy proprety
do So IN 10 case haye Withdrawn 2 retainer 10 coun
iuo Office Mr. laelett was elected 10 the position Of Re-
corder but lie stll continued Ia iry The cases IN Whch
he had been originally employed ana olhci' NOV o[ s
has estimated his professional services beyond
value or has demanded excessive eea Al 70 ~ ltui,
him competent and better trained IN the kind OF law IN
VOWED IA corporation cases. than any Other counsel rs
when became Counsel 70 the Corporation only knew
tanned him at first IN with which he bad be-
come, assistant counsel to my predecessor peculiarly
familiar and sjuce then In other eases where deemed IL
would the interests OF the city 10 retain UNA am
sure that III doing have acted rgty, ara an sure
that the amount Of fees pad Inn by me -
he has rendered the city SINCE came lltO oInee.
Permit me TO say that tho LEGISLATURE II aclg az ny
ronlseL have exercised this discretion have spent
this money Just II Is provided D. law tat should ne
spent aud A. far that is concerned consider mAhct
nj least az well able Judge Of the prOprey my course
a. you, or any other member Of tie Citizens Assoca-
ton" As 30 both Of these gentlemen 10 Il due 10 ttc 70
say that the fees paid them have covered various oer
services for which 10 special charge mas peeh
MADE ~ mem Fot m i %nI nboD he yalors
ef,t,tf r.,
questions affecting the interests Of the city were pending
Lis time and services let any sensible lawyer fancy
himself suddenly placed at the head Of aW once lu
or other ia every instant requiring immediate action abd
he viii readily understand The Necessity UidcF NIou
fourd Obliged 10 secure forthp city tie aid o. gen
eef Who for three years had conducted this business,
md acquired that intimate knowledge OF ts conpiGa1eI
dcfas which % labor on the part ~ tie incoming Official
,gold enable Inn To obtain Oi this knowledge 30 pos
sessed by these gentlemen. have .{Hleu ny s.n ~
o r. h8a b.1u asked Ly them. Iur the reason
rrtiiuCd in tie Oce three OF the clerks VINO iu bteu
employed by my Pfedeessar simply , Oceans S,t he
obtained elsewhere As 10 tic iLelhuadoh IN your 4etE
If Nh Tmll being amcmbcr OF the finn ~ AeylI MI,
i- - TI Who bringing suite against the city, Should
NOT be retained by Oh behalf OF mo cy say, qua
o,et to be- aware That tho fact az counsel acting for :
COOPERATION IN ono case does not prevent that eousl
80 i,Sf, ictsincd Nj Miller and the amount iO which
ni, ref. - having been PAID him 10y me, was presume,
one Q; the arrc.rs duo BY ny pedec' sCi, era pd.g
ne In various suits on behalf O, tho city, there
j. scarce one that has ret also suits p'gaInS
against the city That tho finn o. Which, -. tinll
h. "a member occupy rooms ~. same floor a. tn3 ONCE
lei HE ,ue door for he business o. TINS Department.
An increase ~ room would nave 0Hutn nue. 10 y ~
sonal comfort Bur there were two u olii one was
tllef MrsrIs Dey!n, Miller IL T1. ddd occupied he
rooms they occupy for years before httui' '"Il
ration Counsel and s do occupy them and lcsccol,
tgt ~ order 81 save the Cty ,Xrnae d-ared loOculy
only lust az many rooms .rc tic-iy ana aDe4HtIy
r,u m order 10 carry the business Of TIE Depart
uf,l
civ 1900 year. Tie rooms DO occupy 0bl cost s;,- "
a yeer 10 mrrh Tor tho fourth Charge. l have en-
r,tc o. ~ such counsel seemed 60 e most sitaDc
frre u6rc, o. tho city, ana tle fees theF have bte
~, are MOI enormous. rs You uutfuly aver. but just and
i5,olble ana in 20 doing have exert "a discretion
coudtd TO by Tie people VINO ee.ied ne ana py tne
Xonr MN charge f. " Resistance 10 p!Ucte alL IS
taken TO hIhs local officials to p.oler scLse OF 'AeH
duI.." Tie specidcatiors aro
Trt. Ibc ease az demand made on the part Of n
member OF tie citizens association on Inc ctltte Io-
missioner for eX"inndiioa OF ~ DU'A5' &C. 70
ic proceeding arc simply THESE. person represent
H. sf,r. Ccnnissionor Tor leave 10 inspect the
records OF his office. This request Was NOT re-
1'J "a yae IlferlnCd Az alternative maudamLs was,
80 crtrnrd ard this apartment was applied 10 ny
me street CunW-si oer 20 uttud 10 the case coalt
On y my dntv no 10 do under Tie provisions " the
my duties TO 20 take charge " and conduct All the Jaw
6ngy u y si NOT pctoal attef With D.f Cornell.
tie dion Street COGnussOuel AZ II were y1i h,"! q
viii advise You that TO nsnaamus would lie. II 5Ls
u9raioi The inspection records ~ the street Depart
nv duly 10 dc What 1 did. No such objection was
taken rs the you suggest viz that citizen had o1
was made upon that gound The opposition, ~ oqp'si-
ton " can Dc called, WAS Co nave the party uesL suei
inspection lled wiiLn reasonable ana proper nta
so af me busu,,s cf the Department would not be ~
tardcd. and the papers ana records p.openy gl'rIeI
aruust loss or mutation or ldie curiosity II a''' va.
tic lts OF tie Official aud ciuzen tehlrIg inspection
should defined and understood by both Inc NrW@ Az
yanced ~ the street Commissioner were ~ ~
tie Court and tlu Irauoaiuus Nae granted IN Ieco.
ance VITA these Vows, ard Win the reGsouaoS nm =
tons TO scope OF su' Inspection llIeIss ucClie,
This was all that claimed or desired BY Tie cry. II
you Hcie q lawyer yOu would appreciate tie necessity
and pro rety Of the eOnre adopted 10 NOT me ist
or ofy instance where parties ia doubt or IN c"lnct AZ
10 CERTAIN tights and duties have apped 20 Tie courts
Tor definition Of these rights OF duties anu IN s III
stance those rights and Tie respective duties OF the par
ties concerned we've judciOusy determined and each ~
them noted under the direction and protection Of ne
Courts. You thus sec how utoInded and Irrational Ims
trsd. Tho case OF ORicn Who claimed 70 have been
elected 10 the Office OF Gilman aud bose seat was coil
tc.teL This was case ~ winch the whole Board n toun-
cmen was concerned. II was also nmhu''Iy my Qui!,
attend TO this matter. They asa 50 Apply, ana te matter
vasattfdcd % ly this department. ii grew ont or the
proceedings ~ The said Board IN Us legislative cupac
and wiz " landamus issued 10 thtn as "c'ta vl lLe
Corporatlon They were charged with disOhedlence 10
tbut writ They denied the charge. In this as ln other
instances you rcrycrt the acts 10 suit Your own ends
Vi on whoever prcndcd To give tlc facts, had pursued
vnnf up f,yatti ou further with tire honest desire
ret ~ the truth ne would have H7ccraurd lat
thty were not adJldgCd guilty of contempt OF tined Tor
d sohcdicucc 10 tie mandate OF the Court or
for contempt There an order 20 that
effect which was irrcgularly obtained ana
before the Hoard ~ Councmcu had opportunity of
answering the charge or defending themselves against
H. bat 10 was at once set aside upon ga application on
thrIr hcalf Tho matter WIS then regularly heard ana
thr Count decided that they had not been guilty ot con-
tempt ana there fore were not liable 20 any punishment
Tho ubc Will thus perceive that You again cidcaNOr 90
mi,lfnd whether Willully icnOrany leave To Their
udlneut. lOu would seem 70 wish that puhlic ahaiTs
b-onht into Court matters connected with their ON
cal obi zniions which tlny not 40 fault should
be- personally subjected to the burden OF defending them
sell "a
scvcrnl Instances above cited show.
THIRD: Tho case az Pullman agt. The Mayor &c rms
ya ease where plaintiff obtained an Injunction IN effect
restraining the Common Council from discussing or con-
eidcrng the question 20 whether there shonld De
contract for supplying the city with gas The right ana
mower Of the supreme Court thus To control the leCsa
live action Of tile Common Council was question OF vital