New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-11-09

nanoes He quoted an ordinance providing that tho
Controller must present ali warrants with tho Vouehers
TO the Mayor and the Clerk for countosignng; enu no
added that it was the duty Of the Mayor to aix his
signature unless he should discover some fraud I'M
known TO the creditor and the Controller This decision
OF the Corporation Counsel. possessing weight OF
nearly Jndola authority with the Common Council
which wanted TO believe that Is was correct left tho
proble1n stjn in n vague and uncertain state. Tho
opinion in itself weak and not without
an air of partisanshp. 1t gave the Mayor
impotent authority. 1t Cayo him supervisory
powers and powers OF correction, but 1t
suggested he could not appoint auditing clerks nor
do anything but discover fraud II the creditor ana the
Controller failed TO discover any. Murray Hoffman, IN
note TO section Of the charter OF 1857. says; Inc MAY
cannot be compelled TO oounterslgn the COhuoeI
warrant on the Chamberlain. The provisions OF tho
charter as such signature were for the protection OF
the city, and did not give right to the alleged creditor
In caso OF contract for the removal OF onal &c. the
Mayor refused TO sign tho warrant for pay on the
ground that tho work had not been performed The
contractor got order granting mandamus to compel
the Mayor 20 sign the warran but the fact OF nonper
formnnce being admitted iby demurrer to the return
which alleged IT, the order Of mandamus was reversed
ut tho general term The question has been very
thoroughly discussed by the courts and 1t seems to BIO
held at law, as we'll In practical business
sense that warrant for the payment OF money Is
not perfectly drawn until 1t has received the signature
Of tho Mayor his act Is concurrent with that OF the Con-
troler He is q principal. and not an indorser HIS
signing Is the act OF chief magistrate, who Is super
visor Of oil the acts Of the departments whose heads he
las appointed In matters OF finance he has access TO
all the vouchers and he cannot claim pardon for inae
curaoy because there ere many warrants to Sign He
has no greater number than the Controller has II both
the Mayor and the Controller should seek absouon for
discovery because there is much TO discover the
city would have no safety whatever The Mayor not
In the position OF President OF the United States
The Mayor has the labor Of finance directly under bis
supervision.
1t is among the Mayors dnties that no shall at least
once year communicate to the Common Council q gen
era statement Of the condition OF the finances the gov
erment and the improvements of the city the details
which usually given in the reports OF the heads OF
the different departments. These reports arc made
directly TO the Mayor. In his communication he is called
upon to affecting the security. the
health the cleanliness and the ornament Of the city,
and the protection and improvement Of Its government
and finances.
1t will thus be seen that the duties Of tho Mayor OF the
City Of New-York are such TO demand the highest
faculties business 1t has been said that he must DO
lawyer in order 20 interpret correctly the municipal
laws; but t will be found that every business man 10
subject TO as many laws In his dealings with the com
munty, as the Mayor is. He makes and indorses
checks lie accepts bills OF exchange he appoints agents
and clerks with as strict responsibility TO the law as the
Mayor does under the charters The safety of tho city
s dependent however, upon the certainty that Mayor
will not form such political associations and combina-
lions as shall induce bin part with bis responsibility
to the people for the sake Of his party and bis party
friends A CITIZEN.
He0 York, Nov. g. 1872.