The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-07-25
MORE CITY CORRUPTION.
Letters md Opinion Referred to in the
Mayors Cara Of Yesterday.

Mayors Card Of Yesterday.
CITY OF NEW YORK, LAW DEPARTarNr,
offiok OF COUNSEL TO THE CoRPoRATIoN}
August II, 1868 }
Hon. RICHARD B. CONNOLLY, Comptroller
DEAR SIR have the honor acknowledge recent O,
communication of tue ,h August instant, relative to
the mandamus lately granted the Supreme Court pon the
application of the propetor of the New Daily 7iup
commanding to adjust and claim and inaur
Ing IT, 10 my opinion, there reasonable probability that
the judgment awarding the mandamus held to be er
roneous by the higher tribunals appeal.
In answer beg leave that, an examination "a
careful as am able to bestow upon the previous to
argument In my letter of July "a expressed to you INV
opinion that the application tor the not be
successfully resisted however, submitted Court at
the hearing all such points the argument of the
your defence
The decision OF the Court with the onin
ion so expressed by you that opinion remans
unchanged
The Legislature have given authority perform GER
tain duty OF public character affecting tho inter.ss of
third parties The uniform decisions of this State have
settled tue law to be that such creates an i'm
are TO the for TIE
who ordered the mandamus. S'
rs
You are oesr OF the a an .v
msnt law hS a tho
Inc law Of isss was as Il seem, to nj. To
Ii. 9 ssa,an Of u r.
nance to settle and adjust all favor of or against
debtor or creaor 'n' 10
n SR1n ns %
0I% eas a1 ONLY S9s sas st pPn do NO.. now 80.
sufficient to warrant expectation OF success in such an
RICHARD GdoRMAN, Counsel to the Corporation
CoMrTRoLLsn's OFrroE, October 49, 1855
DEARsIG1 have presented to slndrv bulls incurred
during several years for settlement to the
These bills are duly certified to correct, under the
These for til. county, bu. which
TO pay the same incurred Tax Levy rro
against the coa,y The Tompoier -
m , 20 3. o the er ire Of the such
ment JUDGMENTS or adjusted claims"
understand that the Courts have held the this
section TO be imperative and that have discretion In
of adjusted claim coming within provisions Of
duly presented to But before acting desire your opp
ion upon these questions =
under whose direction claims against county are be
scoadIf claim adjusted under tho authority of the
The money to pay the same uncr the provisions of above
RICHARD b. CONNOLLY, comptroller.
CRY NEW YORK, Law DEpARrMEST }
OFFICE OF TnE COUNSEL TO TnE CoRPonArroN,f
Hor. RlonAap B. CoSNoLLy, Comptroller
which s1Ie s aS gUS' s Of 0Gtoee 49, ~
years have been pcssne 20 for settlement pursuant. to
the prov OF The tax levy Of 1853 and that these bills
duly certified under The authority OF the
Board OF Supervisors, and In the form Of ad
1usted claims.
On TINS state Of facts ask my opinon:-
ftrtNhether the Board OF Supervisors Is the authority
under whose direction Gains against the county are to be ad
Jused; and,
seoond II claim adjusted under the authority OF the
Board OF have tue legal right 10 Ieusc TO
raise the money pay under the provisions OF tho
law above cied2
the u question f. my opinion that the
against II. for saf
In the adjustment OF the same the board acts Judicay
(C,ase Countv OF Saratoga, Barb
Compelled by mandamus perform that duty (Boyce
Board of Supervisors, &c, - BarD H., Nt.
AS your second question: 1t Is my opinion that whcn n
claim against thus adjusted BY the Supervisors,
ana beIo within the Supervisors
in compIance the section Of the county tax levy OF
s above to- the duty devoives OF raising
money the same IS provided o IN said section,
and Won have TO refuse TO perform that duty
nm alton similar 10 this In the of The People
ar rel Time Newspaper The Comptroller. In which,
are aware held the Court Judge Cardozo) that
similar provision section OF chapter SOB Laws of 1868
1.-THE city levy. mandatory, and mandamus
issued to compel you to adjust and settle the claim.
This decision In accordance with various ndjudged
which presented TO the Court the argument
Yo,us truly, RICHARD O'GORMAN,
Counsel the CORPORATION