New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-09-20

significant and noteworthy as the opinion douDtcss GU
tertained by sweeny and Hail.
GEN. MCCLELLAN DECLINES THE CONTROL
LERSHIP.
The following is Gen. McClellan's letter for
maly declining the Office of Controller urged upon him
NEw-YoRK. Sept. IS, 1871
A. Oakley HALL, Mayor othe City Of Ne1 York:
DEAR SIR Ihave the honor to acknowledge the receipt
of your letter OF the 10th instant conveying to me the
very attering offer Of the COntrolcrship or TINS city,
While should willingly render service to the public
were It in nv power in an emergency like the present.
nevertheless regard to my public and private du-
ties at this time compes Inc 70 decline the appointment
With my sincere thanks for the compliment PAID me-
lam very truly yours,
GEO. b. MCCLELLAN
O'GORMAN ADVISES THE MAYOR.
The following is Corporation Counsel oGormahs leu
ter TO the Mayor recommending him to recognize Con-
molly az Controller de Jacfo If not de jure and to
his efforts to GUST that official:
OFFICE OF THE CORPORATION COUNSEL,
NETWORK, Sept Is, 1871
Hon. A. OAKEY HALL, Mayor-Dear Sir 1 regret that
my from the city Sunday last prevented my
seeing you as you desired. have since then carefully
examined the cases opinions and submitted
by you as affecting your future action in the matter OF
the Office Of Controller Of the City OF NewYork. 1t
seems that you should be governed In the matter
more by considerations Of expediency and sound policy
than by those merely of strict legal right or power.
Even on the assumption that yeu clearly possess the
power remove person holding that office, or that
vacancy unquestonably existed and that new appoint
ment made by you would be positively upheld by the
Court there is nevertheless You informed me, an an
tagonstic claimant, who would have right to appeal
from the decision Of single Judge against him. and who
would no doubt prosecute such an appeal
The laws delay proverbia and during the progress
of the litigation very critical period OF the financial
condition Of the city, already complicated by one law
suit and Injunction there would be presented the indec
erous spectacle Of two persons claiming to be entitled to
the office Of Controller each advised to defend his own
claim and contest that Of his rival From this state OF
things great confusion would inevitably ensue, and
great damage to the city treasury and to the public
creditors who would be seriously and not unreasonaby
dissatisfied the delay which would be sure to occur In
the payment Of just and legitimate claims
had been your desire to bring about the accession
of new incumbent into the office of Controller, you
seem to me to have exhausted every legal eIpedient
that could suggested itself for that purpose even
at the risk of some apparent inconsistency.
Underta the circumstances, therefore, and with the
opinion eminent jurist as Charles OC0nor before
me- cannot advise you present to take any step that
would lead to complicated and mischievOus litigation
The refusal Of Gen. Mcclellan to accept the position OF
Controller of which am informed lie additional reason
for such a conclusion on my part
Legal discussion might you intimate bring up ques
tons Of law which you think could not have been pre-
sented to Mr.. O'COnOr's consideration. Among them
select from your memoranda these Whether the Con-
troer having powers and duties conferred on him by
many general laws other than the laws Of 1870 and 1871
commonly called the charter, and member OF vari-
GUS committees, transfer these powers and duties to
subordinate by virtue Of section in act which may
he regarded as "Ocal act" or whether that section
NAV not be UNCONSTITUTIONAL in far as 1t permits the
Controller to renqush not only charter powers but all
other powers and whether an abdication OF all func-
tons beyond and in addition Nthose embraced In the
charter section may not amount, pso aeo TO aresigna-
ton and create O vacancy.
These various other questions suggested 10 me are
no doubt open discussion, and 1t is think apparent
that legal contest IN this matter must present novel
and important legal considerable ms as to the law OF i'm
piled resignation, vacancy, and removal in addition to
those which the eminent jurlst to whom have referred
NAV have thought necessary to advert in his opinion
But returning to question OF expedency and sound
policy which think of most Importance in this case,
and laying aside these legal questions for the present as
head Of the Law Department now advise you not to
make another appointment, to withdraw your notice to
the various departments and " treat with Mr. Connolly
as Controller.
II YOU do not regard him as entitled to FIJI the office
de lure by treating him Controller at least de Jaeto
you will adopt course which is N my opinion necessary
TO prevent financial difficulties and complications and
the continuance of that public confusion excitement,
and sense Of insecurity which prolonged legal contro-
yersy la this case would inevitably intensity.
1t should be borne in mind also that long before that
controversy could be determined Legislature will
have assembled who will then be able more calmly and
deliberately consider any matters connected with this
case which may be properly submitted for their consd
Grafton Iremain, dear Sir, yours faithfully.
RICHARD OGoRMAN.
THE RIGHT MAN IN THE RIGHT PLACE.
The Epening Mail, which has warmly supported Gen.
Andrew H. Green from the beginning, quotes from THE
TRIBUNE specific requirements OF the law which the
Controller has hitherto Systematically defed and for
instant obedience which 1t calls upon the Deputy Con-
trOler; and adds:
Fortunately, Mr.. Green is an officer whose long ex
perience In public affairs, strict sense OF accountability,
and thorough methods Of doing business make 1t mpOs
sie that should pursue course less satisfactory
to the honest and intelligent OF this city than
that which IL outlined by THE TRIBUNE. The man who
now holds the keys Of the City Treasury Is ncOrruptbe
inaccessible to partisan personal considerations I'M
by threats brides, and honest by the very
constitution Of his whole nature. He is just such
todan Of the finances would have delighted Andrew
Jackson or Sims Wright to have honored and trusted
without reserve. We speak thus enthusiastically be-
cause know the His spotess' public record the
whole community knows"
SUITS PROPOSED AGAINST THE RING