The New York herald., 1868-04-08

receive Information on the subject referred to It.
single example win illustrate TINS distinction
On the 10th OF February, 1885, the Committee on
Ordinances had before 1t the subject or storing
petroleum oil and other explosive substances. A
ing and ali persons interested were invited to be
present II is obvious that the duty devoved on the
committee required this proceeding, In order that
an intelligent and proper report on the SUBJECT might
be made. Items OF this character occurring in the
account OF the claimants are allowed; but Items not
s
The rate charged for advertising in the NEW YORK
HERALD is forty cents per line, the highest charged
In any Corporation paper; but 1t Is proved thai this
is the usual rate charged by that paper and that
discrimination has been made against the Corpo-
% he aWs ana had no WHICH
permit them to exclude the NEW YORK HERALD In
designating the official papers. They were required
latlon. The NEW YORK HERALD had the largest cir
culatiOn Of ALL and the rate for advertising While 1t
does not exceed the usual and ordinary rate required
by that paper, can form no proper objection to the
The foregoing opinion defines the rules and prn-
the amount OF the allowance to the New YORK
HERALD to wit:-$23,226 06, and other official news
papers selected according to law.
claim is also made by the NEW YORK HERALD
against the county for advertising during period
extending from the 10th OF February lS63 to the 7th
of November 1865, amounting in the aggregate to
added the following item erroneously entered In the
account against the city, ylz.:-January 12, 1853,
to taxpayers, $3.50. This item Of $3.50 Is made
county charge BY section nine Of chapter 3O2 OF the
Laws of 1859.
An item for the publication Of the Mayors veto on
the 10th OF February, 1863 $780, Is authorized by
tion two Of chapter 321 OF the Laws OF 1868. None
OF the other items appear to have the sanction OF any
statute or to come within the principles defined in
the opinion given by the Board OF Audit In the case
Of the Tribune against thu county. The Board has
disallOwed the balance.
has been urged In behalf of some Of the ocal pa
allowed for advertising. The Boards have decided
otherwise.
Every publisher of newspaper must be assumed
TO have known that his demand for advertising could
not be liquidated until duly audited by an accounting
officer. In the case Of the HERALD very few 0bjec-
tionabe items appear in the claim but in the cases
OF many other official papers the claims have been
largely reduced on examination by these Boards.
There Is no intrinsic equity in this class of cases.
to justify Boards OF Audit in dsregardng the general
rule OF law, which awards interest only to iquidated
claims, or such as are capable Of liquidation by
simple computation OF figures.
TRIBUNE.
The following IL the decision in the matter Of the
claim of the Tribune Association against the county
This claim, amounting in the aggregate to
$12, ,e44 ST. Is made for the publication Of notices,
and the like, in the New York Tribune from time to
time over period extending from December 16,
vices and printing specified in items in the bills laid
before Us, have been fully done and performed, as
charged, and that the prices claimed were the usual
stances must concur to enttle the claimants
to report favorable to their demand:-
!; The public officers or boards for whom
the work In question was performed must have
been clothed with legal authority to order inserted
in the New York Tribune, for and in behalf Of the
such order was given to the Tribune Association. In
respect to the first item of the account, to wit "FOr
advertising statement OF City Canvassers December
had been selected to perform this work is presented
In resolution Of the Board OF City Canvassers, held
on Monday, December Is, 1852, wherein the Tribune
is selected as one OF the newspapers in which the
"Offical canvass should be published.
In the distribution OF powers in the government OF
are required to canvass the votes cast for charter
So OF the Charter) The publication
the city and not to the county, and should therefore,
be transferred to the account against the city, In
respect to all the other items 1t Is clearly established
that the New York tribune was one Of the Sc
lected city newspapers in which they might
be published, II the authority existed to pub
iish them at az by chapter 227 Ct the Laws of lses
nate ten newspapers for advertising In the city and
county of New York. The New York Tribune was
1853 BY chapter 646 OF the Laws Of 1885, 1t was en-
acted that the newspapers selected by the Mayor and
Comptroller In 1858 should continue to be the official
newspapers Of the city and county of New York.
Under the authority OF these acts the Tribune was
continuously an official newspaper OF the county of
New York from the 18th june 1858, to the 2Sth De-
cember 1896, and has been SO continued since. But
1t does not follow that the matters published in the
paper during that period, and particularly specified
In the account before constitute the basis Of any
legal or equitable demand against the county, on
looking over the items II will be seen that nearly all
OF them are for the publication Of the proceedings
of the Board OF Supervisors, by which we UNDER
stand the ordinary routine OF proceedings, exclud-
ing those special and particular proceedings,
which, by the general laws Of the State,
to all the Boards OF Supervisors in all the
counties, are required to be published Sin one or
more newspapers" The Board OF Supervisors have
no authority TO order publication of their
ceedngs, except such as Is expressly conferred by
the laws OF the legislature Chapter 369 OF the laws
the accounts audited by the Board OF Supervisors;
also accounts audited by town officers. A subse-
qnent statute makes 1t necessary to publish the per-
sonal accounts OF the Supervisors.
Ahother statute provides for the publication
in newspapers Of the laws Of the Legislature
which are of local interest in the county
or locality where such laws are expected to
operate; also for the like publication OF all acts
of the Legislature which Of general interest. An
other statute provides for the publication in news
papers OF the determination and statement OF the
election of county officers and members Of Assembly,
and action OF the Board OF Supervisors also re-
quired TO be advertised; for instance, the OBJ
jections OF the Mayor officially communicated by
veto; but we shall look In vain for any law investing
such boards with specific or incidental authority to
direct the publication In newspapers OF their ord-
nary and general proceedings In this particular the
SUPERVISORS OF New York. previous to 1865 have had
more authority than the Supervisors of any other
county. 1t Is true that In the acts providing for
Couhy cNy, Ill years pTcCeulnI 1900, u sum was
authorized to be raised for advertisng but Ii can
not be successfully maintained that any authority
was thereby conferred to incur liability for adver-
tising beyond the amount specified In the tax levy.
Indeed 1t might be pausbly insisted that simple
appropriation OF money 'for advertisingv did not
confer discretionary power to expend such money
for any other objects than those defined in the laws
as proper objects for such expenditure. But the
claim now under consideration remains unpaid,
although the special amounts authorized in the tax
levy acts to be raised for advertising has been wholly
expended.
What legal equitable claim on the county has the
Tribune Association for paymentS No resolution of
the Board of Supervisors Is introduced directing the
advertisements Of proceedings, II they had any
power In the premises. But they had
no such discretionary power. We must find the sane
ton for this claim in the laws Of the Legislature. In
chapter 646 OF the laws OF 1862 known the City Tax
Levy act (which went into effect the 1st of May OF
that year, there Is inserted In the first section the
following prOvis0-
The newspapers selected and appointed by the Mayor
Comptroller OF the city Of New York In the 1885,
and by virtue Of the authority vested in said officers section
Of chapter ~, laws OF 1858 shall continue be the Official
the city and county of