New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-07-24

the men s IN IKE cases ~ section - Of the act to
ISL Is eTp De ,he CITY Of SswYSt April
ment Of which the Controller is declared 70 ~ Depart
& snail settle and adjust ali claims IN fa ue chief
with Claims against the e xe provision exists
- me ne law, as II stood before the passage Of IN.
which POW demand shall be performed ond the duty
~ IEnI 20 reiuse to execute IT, The Coansei ~ ~ nave
| this subject h follows - '"o' herein says on
obtain spds w S@d ray IT'S Just debts soon "a II
| IL having now, through the pleaps n, a., ~,
- P"is nitn US control funds to enable h i.n.
! them. ''"' hesitate - pay
g. BY section % Of the City Garter Of 1851 g..
mcnt OF Fuance, over which you now pre- side IA Dpsft,
with power to settle and adjust all claims IN ested
against the Corporation, and all accounts IN ~ OF on
Corporation Is concerned either debtor or erdh The
This power has not been taken away BIZ anv s,I .T.
legislation. II stll exists, and enables you nov t tent
ana settle all claims against the City, by the aiG yt
information winch can be supplied TO You by ts &
partneni. as well as with the knowledge as 10 he 80
which Is afforded by your own "'s
This, II Is your official right and yonr oss.,., A.,
20 do, under the provisions of the City Chatter res.
10, viz To audit adjust, and tile al legal and eor
bic claims against the City whether in judgment or
otherwise; and 10 pay the creditors Of the City as
as you can ind money TO do 20. A
All tins advise you to do as isoon as possible and
shall De most happy to supply you with all information
~ possession OF this department which enable yo
TO perform this duty inteigenty. 'V1
submit TO Won that your letter having been given
however andably was in excess 0ftbo zeal required oi
or the authority allowed TO yOu public ofer an
mat II your duty TO execute the law without ,cgfd "a
any such extra judicial efforts 10 set II aside private
UNDERSTANDING with Govern. rs Others that il Is Ia
! dsregaIded. Yours respectfully GEoRGE JoNrs prI
Usher Aeic- York Times. ~"
CITY OF NEw-YoRK, DEPARTMENT OF FISAScE)
| ~ CONTRohEK's OFFICE. August II, 1868
Hon. RICHARD OGoRMAS, CO,o,sei % he Coiporatiou!
DEAR SIR: have received peremptory mandarin.
| In the matter OF tie claim OF the propretors OF ~
pay Times newspaper, requiring ne to audit their bl.
for City and County advertising, under the autho,ft @
! ferred by the Tx-Leyies OF 1888. wi"
You Will perceive from the letter addressed by me :,
Mr. Jones, OF the publishers OF Inc Tipes fbat Ib
a In
| Ing action under these eyies IN regard TO claims.
communications with Gov. Fenton, II would he reiie,
me 10 he sustained in my refusal 10 audit any cla,n.
The claims against the City and County have been aeon
INITIATING during several years, ana are large number
Whatever action may take in passing on these claim,
will be involved In unusual responsibility, which A.
sire to avoid Equally In allowing proper claims as In
rejecting those that may consider unjust will lie ub
iectcd 10 iDcOnsiderate or Interested ceure would
therefore, greatly prefer T. have all these claims undergo
judicial injury.
terpOse merely veXations delays. But consider IL nv
duty under the circumstances to exhaust every era
OF defense to the enforcement OF tie provision IN
question, r. in your Judgment there is reasonable pr,h
ability that the decision Of the supreme Court Ordering
the mandamus will be reversed.
Will you do the favor TO give me your opinion the
premsesl IT, in your judgment, the decision question
please take appeal the same and obtain the re
RICHARD b. Connolly, Controller
THE LAW IN THE CASE.
Ertyuct from, The opinion Of R'ehagd 0Gorman, ,ss,
Counsel 10 the COrporation, datN - 1851
I have been able to prTcefSe any valid reason
why the City OF New York should not pay It's m debs
when due in the same manner other debtor should
pay his creditors aud yet the collection Of honest eams
against this city Is attended by many difficulties de-
lays aud risks that lawyers OF gaaty aud reputa
as am informed, IN the habit 81 advising tLef
clients to have dealings with contracting party hs
fument OF whose obligation j. at best 80 uiaOry and
SO likely TO need compusion pen-iye and poir oed
litigation Take as all instance, the case vi A. l. stewart
In this case goods were furnished by the plaintiff IN
with resolution OF the Common
the amount OF $75i go in 1884, 1862 ana 1865 An apB
tion TO the Controller the financial age OF the Corpora
tion fails to procure paymen the answer being Tat
there is fund appropriated to meet the claim. In
other words tine debtor Is insovent Mr. Stewart there
upon brings suit; the Corporation Counsel Is Instructed
that the goods delivered as claimed In accordance
with the resolution Of the Common Council, but that
there is no money appropriated Tor payment Of the
claims. .
defense the action. and duly pteaded. That 1t
is made defense TO an action for goods sold and dev
cred that the debtor has money wherewith to pay
The plaintiff thereupOn for Judgment In spite "
this answer and the having been brought IN the
superior Court Judgment is ordered ia his favor Here
again, nc is met by another difficulty, viz "In accord
with the provisions OF section 10 chapter So Laws
Of 1856, he is bound condition Of obtaining judgment
that he should prove in open court that the amount
sought TO be recovered In said Judgment still remains I'M
expended in the Cty Treasury to the credit OF the sPP,e
claim sued for is founded" This, course he cannot
do, and this demand being made Of him 10y the Corpora
ton Counsel 10 also rejected by the Superior Court, and
judgment is at last entered In his favor Had this suit
been entered and the plaintiff would have been wholly
without relief This claim having acquired the an
thOrity OF Judgment, l. among those for which the
Ii gslature has made provision in the CITY TlxLeyy1
this year. and the creditor perhaps indulge tie hops
that all difficulty is at an end.
The Court has adjudged that the money IL due; the
Legislature has provided funds wherewh to pay it bu
the plaintiffs troubles not yet ended The Legiss
ture OF lsC7 has provided still ther impednent
"No part OF said THAT is the sum provided FOR the
payment Of Judgments shall be expended IN the pay
inent OF judgments obtained IN cOnirayention Of tho
provisions Of chapter SO Of the Laws Of 1856" (Se
chap. $50, Laws OF Io67
You ask me- i'll your letter of April 90 what effect tina.
restriction has payment Mr. stewarts Jlig
and IL does NOT seem Ia you suncleh.
TO warrant the payment, Mr. Stewart may be left adopt
such further TO his coue! may seem best
this lust By hs gantlemani His goods were furnished
TO the COlpUratpl.-thc debt Is due-tle debtor has
money in his hands whcrcwith To pay H. aud YET !.
still in question whether this clause Ia tie TlxLeyyM
1861 does not iorOld chs debtor to pay the drbt!