New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-07-24
From The Nctg- York Daily Times July II. 1863.
CLAIMS AGAINST TIE CITY.

| Prom The Se,. York DaHy Times, July II. 1903.
CLAIMS AGAINST THE CITY.
EXTRA ORDINARY ACTION OF CONTROLLER con-
NOLLY-IIE REFUSES TO PAY A CLAIM WHICH
HE ALLOWS TO BE JUST-HIS BARGAIN WITH
GOV. FENToN IN REGARD TO THE TAX
LEYIES.
About three weeks ago, the publisher Of The Times
addressed note to Mr. Richard b. Connolly, Con-
troler of this city. requesting payment of claim
for advertising, which had been standing for some
three years against the city, and for which provision
had been made in the Tax Leyies.
The following correspondence then ensued:
LETTER FROM Mr.. CONNOLLY.
CITY OF NEw-YoRK, DEPARTMENT OF FINANCE,
CONTROLLERS OFFICE, July IA, 1868. 5
DEAR SIR: beg 10 acknowledge the receipt of your
communication relative to the claim OF The Aer lorH
Tines, for advertising for the City and County.
Ii accordance with my determination not 10 audlt OF
settle any claim against the City County Government
specifically provided for in the recent Tax Levle or
covered 10y general appropriation therein, must de-
cline to audit or settle the claim when you PRESENT.
1t due to you that should explain the reasons which
influence in adopting of action which would
cent eyies You will recoect that these leyies remained
for several weeks in the hands Of his Excelency the
impression that they would not be signed, Regard
ing the virtual veto of these measures to provide means
for the support OF the City and County Governments as
a great calamity to our citizens, considered u 70 pe my
duty to 90 al IN my 10 o b ,e EKceencv and
lac entertained grave doubts IN regard 10 the
Ills chief difficulty from the provisions OF the
levies under which the power is given TO settle your
claim and other claims of like character His tx,
ceIleney doubted whether an authority 50 general aid
involving nsh large % ought 70 De e0erTed S Hn
respect wrote him letter stating explicitly that
would not exercise the p0wero settling claims conferred
in these lovcs and it after the receipt OF this letter
that they signed and became laws. / wrote this
letter 10 Gov Fenton in good faith, and In good faith
intend 10 te up to its promise therefore decline to
entertain your claim, and leave you to such remedy as
the Courts may AFFORD.
| shall not enter upon any argument to Justify my
action in the premises believed that was doing good
measures although waived an authority vested IN me
of Others considered the greater good of the greater
number and IA action secured the signing OF the lev
les think my will meet the appreciation OF the
taxpayers Of our city. Very respectfully,
Richard b. CONNOLLY, Controller.
GEORGE JONES, esq, New-YOrk Tunes
REPLY TO MR.. CONNOLLY.
TIMES OFFICE, New-York, July &C. 1868.
r. Il. CoSSoILY, esq Controller New-York City;
lith inst, In which you refuse 10 audit and settle the
claim of The Nec York Times for advertising for the City
and County Government although, by the direction OF
the OF the late Legislature making provision for the
City and County Governments, you are expressly au
yoa to deny the validity of the claim, to assert that
ought not be paid but on the contrary, your state
fairly exercised support of the claim admits that it
is legal OF the CITY ana County ryuso ., aud
and pay because Won made arrangement OF prom
se viii or to GOV Fenton that il he would approve the
acts in question you would not carry into effect the pro-
vision made by the Legislature for the settlement OF out
standing claims You do not say that Gov Fenton in
sisted on this arrangement condition Of his APP
proving these acts of the Legislature nevertheless you
insist on Gays our hS Tre m gbS or OF Cow Fe
ton aud yourself 10 sit down and alter an act OF the Leg
prov4on made by the Legislature on the subject OF
claims deny That either you or the Governor haYeany
smch power The provision made in taxlevies in
gard 10 The settlement OF claims has double object and
combines the interests OF rghttul claimants WIN those
of the CITY and County. The object OF the l. gSlature
was to gave To meritorious claimants speedy means OF
reaching their just due, and 10 save To The Cl anu
County ana the taxpayers the heavy expenses of tiga
of these expenses often FAR exceeding the amount
OF the claim itself. OF late the reornatory egis-
aon i'm regard 10 our City to have had lis chief
object the creation of obstacles To the collection OF just
claims and To furnish the occasion for special legislation
AT Albany To put through heavy doubtful, suspicious,
and sometimes VIGOROUSLY fraudulent claims Anextrgct
from the opinion of Mr. OGornan as To the obstacles
presented by this kind of legislation 10 the collection OF
honest claims against the City, shown IN the instance
OF Mr.. A L. stewars BIZ for goods lrnlshed Is an
nexed. How Objectionable claims are put through,
the ta1-eyies of late years show sufficiently III Their
The Legislature this year, profting by the experience
OF the system Of obstruction which mad oeen adopted re
stored the same authority IN you that existed IN MT
Haws one OF predecessors 10 settle honest claims
without litigation, and II Is tnls wise ana st measure OF
relief that you assume to nuhfy; and dlsregarding ts
provisions you desire to reLit TO me the same rugged
road OF litigation over which Mr. stewart was competed
travel 1t may be said that You have discretion 70
exercise In passing claims. This ID undoubtedly the
case; but while you cannot be directed as To how you
shall decide claim cannot refuse 10 enter upon It's
examination and make q decision.
before stated that His Exeehency the Governor is
party 70 bargain to be inferred from your note Dut
II the Governor signed the acts under considerations
from the nducement OF your letter or exaced he prom
ise You made with the expectation OF indiydu au,a.
age to him public man herefrom, In securing d
with class OF citizens which he would hot nav
in regular discharge OF his duty he has
technically at least the provisions OF very and
statute. This statute, odfashoned vnlume of
neglected 10 is may be found In the se.oh" ayery
the fifth edition r. g., page &c., and PROVIDES ony
person who shah promise or offer 70 any 10 infi
enee his action and any Governor who shall accept ins
shall be guilty OF bribery ine gnt any con
yiaion
sitera alton but those OF official duty a iro,p
public officer, whether Governor OF o,o suc0ested
Governor should undertake ~ e win oacais who
are 20 exeoute the laws, and 10 approve Va nd nder
Legislature, according TO private nss formaI nsrr-
aan,a gh on,d know from the statute DooK VIA. l.e
laws actually we're Resort wouln ha'e ~ u nnntjvs
the private conscenees OF d only he aseertained
Sy consulting the letters and pigeon PROMISES Vi INC
Executive Department. Aha, % evarv hin which shall
a ,n senate and Assembly shall, before u DC
eomes Ia ~ he urcsented TO the Governor nc pprv'e,
ha sha s,on n hat II he shall not, ne Snail return NO
a.. ILL., Ia .hch IL shall have originated mere inc
an. 80 ar Governor Is painy marked cut; ana MS
Eyceenry did not approve OF the Tax bfSes was us
duty return them 70 yns had adjourned without
g,,p MIN that opportunity, 70 withhold MS sRnntue.
~ hs no right submit, TO hold conference Win ION
or any other officer and enter INTO an W
W y any provision OF bill which had passed the
Senate and Assembly. And nnauy, 10 approve u .ne
hill with the conditions ANNEXED as per letlst .ho
Controller Of the City OF New-ferA in inc PoeAet 0
YthnR You do Gov Fenton great injustice In surprising
that he could have made any such earsain aou Sf
ainly place yourself in position not tenabe OF ena
ble In asserting, even by Implication that You cohsun
mated such arrangement with hiu o.. f,,o,oD
contend, Notwithstanding your letter 10 GOV re'Vi ~,
that the authority of the pets in question IN lcs
claims still exist, and that II IL To be tahtn III
with the duties imposed w the charter Oh you" u'''V