The New York herald., 1872-11-10

sioner OF works. appua. se... q
Olmsted at that time being President and acting
under the advice and control OF Mr. Green) thereoi
did not intend making the transfer; ,l,,, CON.
Henry II. Anderson on the subject who after
careful examination OF all the laws afecting tnis
with the opinion OF the Corporation Counsel as 10
the constitutonalty OF the act and the right OF te
Commissioner OF Public Works IN the contaol o tne
woaks In question. few days after the Commis-
sioner OF Public Works took possession
OF the works and notified the Department.
Of Parks accordingly. At meeting OF
the Department OF Parks on 18th June, adopted
a resolution requesting an opinion nom the Cor
poraton Counsel on the sub ect, which opinion was
rendered under date OF 2lst OF June, In which he
said'I regard section chapter S72, laws OF 1872,
valid provision, and binding on the Departmental OF
Public Parks and Department OF Public Works" The
objection that the act being Invalid because, being
local act its title is affected. State Constitution,
taken,n whereupon the Department OF Parks
adopted resolution, as follows:-
advisers Sishis Board having decided seeaon7o
q Public Works 10 be ona this abdes by
The Corporation Counsel, on the 18th Of june,
sent to the department OF Parks further opinion,
In which he sad-'I regret that the manner in
which this question was presented to me, the
denness and haste that attended it prevented that
Of the Kind should not be disposed Of To these de
fciencies must be attributed any doubt expressed
in my memorandum for Messrs. Porter Il strahan,
ter to the President of the Department. Of
Parks, dated June 81, as well my
suggestion that the matter should be udicially ex-
amined.n do not think such a step necessary or
advisable. An open and public disagreement be-
tween these two important branches OF the city
government ought If possible to be avoided 1t
might produce most misChievOus results In unset
tling the public confidence In the correct
ness OF much that has been done and
give new impulse to much mischevouS
litigation. The Department OF Public Works IS
clearly justified in acting in obedience to the laws
which confer powers and impose duties upon it,
The Counsel to the Corporation sees no reason tOj
believe that the said laws are Invalid, and cannot
advise that they be disobeyed. On June 2s the
Commissioner OF Public Works, In accordance with
the provisions OF law, notified the Department OF
Finance that he had designated the Chemical Ma
tlonal Bank as the depository OF moneys for this
department, and on July made redusition on the
Department OF Finance that $45 900 be 80 depOsiteds
The Comptroller failing to respond to this requisl-
tiOn, and Commissioner Van Mort being anxious
that the engineers clerks laborers, &C. should
receive their pay, mutual agreement was
arrived AZ between Mr. Green and Mr.. Van
Mort that the Comptroller should for the
present pay three pay rolls, which the Comp
troer proceeded to do for WHILE until he declined
further to pay the engineers, clerks, &C., and
has refused for three months. When
Leonard, and argued by Judge Porter on behalf OF
the Comptroller, and by Mr.. H. II. Anderson for
| Commissioner Van Mort When Judge Leonard
delivered an opinion In favor OF Commissioners Van
Mort and granting preremptory mandamua
| against Comptroller Green, directing the furnish-
/ ing OF the money for the payment OF the claim,
| which the comptroller still declines to obey.