The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-11-22
MIR. 0'Gorman's Reply to the Manifesto
of the Citizens Association.
A Defence Against the Peter
Cooper Indictment.
Moro Information Is to How the
Public Money is Discussed.
Law DEPARTMENT,
OFFICE or COUNSEL TO THE CoRroa. rios:

Pima CooPER, Esq, Chairman, &c.:-
6IR-I am DESTROYS to deal with your letter OF Novem-
bsr II received bv mo on November S, and published
By you in tho morning papers November TO- and the
charges against made thcrsa with as much csarness
and dstncness possible and stopping as little a. pos
sible TO resent hints nucndoes and suggestions
are scattered should like TO DO able
10 believe you good faith and good earnest wanted
70 know why certain things had been done left
done by me- which you had been induced 10 believe
were wrong to do TO leave undone, and that you
really desired do injustice to any one All this
would have inclined believe because had re-
spected your character and entertained no doubt OF the
sincerity OF your motives regret say that per.
ussent and extraordinary misslatcmenu Of fact and
prepresen alas law your loer have shaken
my conidrnce rue points 10 NV Official conduct which
You thiuk require explanation, Us l ind them
enumerated IN your letter. are Is follows
u pns higher
!. 81 'n ~ S
ssd paving hs enormous Ie: 70 pro;
81 local soss 9l
sss aosaeSsa s ns
encial q the sorpor..ic,- snih-Auendine upon Inc
once and myself ana thus lac s.ss the taxes
Proceed 10 answer these charges seriatm, for the
ske Of tue greater ceara~ss somewhat reversing the
order In which, thew are placed
Fsrt-" Permitting y number Of Judgments to be
shis charge il OF sl94 900 recovered
urnS term Of Office by judgments against tho city
for advertising ceraiu local papers.
fnis sum was recovered" you say, In open vo-
1aton Of law
answsr-Evsry one Of these suits was defended by
mo. In every one answer put In. setting The
statutes 10 which you ref In letter In every
Them counsel Tor the plaintiff moved for Judgment in
his favor IN spite OF the answer arguing that the said
laws were Unconstitutional In every OF them he
was op osed sacn arguments either BY myself my
assistants ami ths court dccded that the said In
tthisr-spc. unconstitutional. Judmcns recorded,
and there va, no posaib ,y OF preventing them from
voated by me- but BY the Superior Court aad the Com.
non Pleas who decided against the law and declared it
Unconstitutional l pro is,ous Of these
laws far a. ! could Ii they openly violated
and dshed rs you say they were they violated
aha. could have BEEN and or sr,en or done Sy .be
Corporation COUNSEL could have avertcd the But
Of the Lar thai OF these learned and experienced
Judges IL the correct onef Let what the
sc.s IN tLess cases and the views Of law applied to
1Aem. these newspapsrs Of which yon gave q list
we're employ cd BY the Common Council priut reports
q certain noti'ss procssans. 30 fhsss proceedings
Tho charter requires the publication OF the following
natters:-
any specific invoking the t.1inx
sn hs ns q ss % rs o. pSSs
u ss r. ssw 20 = ~
ally p.pers o. One city" isscs 10 ,hartsr) : -
.Ss = s IN a.. 2, ~ which
Sh.ch m b smpossd " iAa eorpora.snn and the
a, spsess the - os
1p ~ fns ss 1p ss
tss0s Su,, :: q :, ne 1na,.sr.
CURED @ lu,.saed DAYS in each the daily
nswspapss cmpoyed By the corporation Tor that purpose
o. ..iss Of public property franchises leases
oftae compiroe the pers employed by
smoyd ~. ssssn X i''n o 0' a- papers 80
Tho PROVISION Of the Of May e. 1884, which you
refer viii be found sections nine and ten, which
- follows:-
SEQ 80. And neither said cooperation. ncr any board
any o. scn,rsc or permit Or VOC for Or
ss,sor,,. alrscsy 2, iaaSscy .sy sspsaaars
sssss.is q which s,psadsrs. lie
se said for any other purpose object than
s.c To- Ard no Judgment in action. upon con.
Gso. .aan be entered BY asf ut or otherwise, In any
OPEN sse ash. % y N ad
credit Of ae ss M aon o ae .pse s ss 70
Pose upon whe me clam susa for Y ioaaded aud
Savs been Incurred By corporation Or
Or %p.a ne :'as
a s Z: = q. a for :nss e.
ana claim and Liabilities < no jads.
ssaoa ''AA - '''''''A 70 'A' '''' 'asA
The Interpretations Of these sections adopted BY the
courts rsorrcd 70 offer materially from abe statement
OF their ega EFFECT obtained in letter. The publ
cations Tor which thess newspapers claimed pay
above referred %, aad III mos. ,asos absolutely
necessary ~ order 70 make valid ~ action Of the
proceedings necess Try for ,no protection Of the
owaers OF property interested. Many these
nad r. Ss e the s
she question ralsed unconstitutional 10 deny udg.
nent 70 81 tor who bad in facs done work tor the Cor
pora,on be.ors 1865 10 first proved there
accordance with Halus passed long sflsr toe claim
bill customer 10 1885, aad ia 1850 passed
thai could nus obtan Judgment for the unpaid debt
uniess you lrss proof N open that he had
see.n toyou tnlt sucn Law unconstitutional IL aid
10 the judg s. and csnnos ngoLy come 20 the
ccncas on that they all ~eie wroog. Notwithstanding
yeuf opinion 20 he contrary.
In tots connection II becomes my painful duty 70
direct attention downright
In your ieter Of Lac passed April Is 1867 and
vct you Of this grave charge, without the responsibility
Soy You AZ .ss. he 90 $50 go was
appropna I'd isr sdvsrusns and that II was declared
lsss ana thai the Of should be liable any con-
ersct ter any greater sum- judgment should
ssr said $1,000 Isd been srpsad.d IN. sams you
sontsue, so appropriated 10 ises and 1897 have
Ina for advertising Dung The Two year.. ana
ths snoun slelo04 20 recovered BY Judgment above
"; 70 exec q .sss and there
thaf you lawyer OF snis ci,y bosnd by oath Of
once 70 enforce a.: provision q The sss q 1899 and
united then 70 BE- openly violated and dcaed, and
allowed such judgnents 70 be ua'swfuly entsred-"
Strange and amoet incredible ~ may appear the very
ring thsss claims and convIesng ws Of violation Of on
duty contains The CLAUSE 'nat nothing n this act
ecstained shalt construed 10 Impair or aTsct any
claim tor advertising required uodsr the provisions and
arthOriy Of existing laws whom such claim has been
Gully certified and audited"
suco dinngenuous Of the Get u The Lsgisia
TURF sv-n under the cover OF your reputation, vas -
dangerous audacious since she simple exposurs
q tns fraud which you have attempted. while u tiss
sracss you entirely. sIos:rsiss me !, maa BE- apps.
rent 70 every compssnt lawyer that this clause n she
oct OF 1897 completely relieves Newspaper caima when
properly from -. sases q any lsssris
annual appropriations. ana In fact, bas bssa de-
cidsd ~ Judge uerke, OF the supreme tour u . case
recsnty ssbmiits1 b. me " him for mis- opioion-
90 much 70 the eharss that suAsred Judgments v
- recovered against The city In the Superior Court ana
sns Common Psas Az 70 these, my answer H. did all
eoald and al any lawyer could 70 prevent their being
recorded. the courts were against me, IL often the
nate Of COUNSEL sud orcod 70 submit You further
UAarrs n 20 iudgmenta that the claimants rave no DE-
s.gl~1 NJ ,tef uYycoe dstsa a. Aha vor