New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-04-18
CORPORATION COUNSEL SMITHS COMPLAINT


A renorter of THE TRIBUNE called upon MIR.
+ De,aecId smith the Counsel to tho Corporation and
found him nearly buried with communication from the
different departments Of the city with briefs ana Ia"
books Being requested to state what chaubee III 'no
Law Department would DO effected by the new Charter
Mr. Smith said.
Tho new Charter is express placing the entire legal
hsness ~ the city and county in charge OF the Law
Inn0rtment except that tho Board OF Health IL permit
led 10 sppont an attorney OF its own at salary OF $500
ner amin THIS makes substantial change In the
theory OF the City Government as eAisuhg from ths
earn ~ cy matters The Attorney OF tho city
and County OF New-York has charge OF criminal
and with these the Counsel to the Corpora
lion has rothng 10 do The patronage OF the Office OF
the Corporation Counsel is not materially enlarged In
this respect only change the attorney for tue col
lection of the arrears of personal taxes hereafter TO
be appointed by the counsel instead OF ,ht Controller,
as herr oforo This Office will have, as heretofore the
appointment OF Public Administrator, whose official
duty is to administer upon the estates of deceased per
ton Attorney. who is charged, under tho control
and direction OF the Counsel TO the Corporation with the
prosecution of suits enforce by the collection OF PEN
altes add otherwise, the ordinances OF the Common
Council. For many years practice has been growing
on the part OF the various departments OF the City GOV
erument to employ attorneys and counsel without con-
ference with the Counsel to the Cooperation and large
sums OF money have from time to time been paid upon
such specia retaners 1t right, however, to say that
there reason to suppose that the city mas not been
nor that the sums PAID to them have ,v, no.
rendered The new Charter however, legally estab-
fishes change In this respect; additional labor ana re-
EpOnSbillty, the OF which DC
lated, Is now thrown upon this office. All tho depart
ments. including the Mayor and Common C0unch VIII
the Board OF Supervisors legally required 20 consult
the head of the Law Department where the determine
ton OF legal questions may be matter OF uncertainty
and where they require the services OF counsel or OF az
torneys these services must DO rendered by the cone
or by persons deputed by him. At the same time the
salary counsel is cut down. and tho legal axaDe
costs are to be paid into the city treasury
other words the Counsel TO the Corporation as tne
and advocate of the city Is required 10
experienced members of the bar employed
against the city, and by strange notion Of public policy
deprived Of the costs taxed TO him III nc wls
while on the other side all the fruits OF victory IN the
shape of and assured 10 bis opponents III
IS one OF the Of politicians who are often
otherwise abe and shrewd to suppose that anything Is
gained in the good opinion OF the people at large Dy re-
ducing the legal aud proper emoumcntS OF pubhc
officers. The law CO lot be TOO Rigorous
in guarding the treasury OF the people
from unlawful and rapaei0us depredatiOns. But IL
would hard TO give any reason why lawyer work
faithful labor and equal returns In the event OF success
with those members OF the bar who accept retalners
from ind vi luas whose interests are adverse toward
CORPORATIONS. This matter OF costs, however, so as
this concerned, is matter OF lDuch smaller I'M
porance generally supposed for the city gener
ally appears defendant, ana many VINO sue the city
are Irresponsible and costs can be recovered from
them, even though they are beaten In Their con-
tTOYersles. 4,
authority of the Mayor and increasing the respOnSib
ties OF the heads OF departments. The provisions IN
relation TO the Law Department TO the prlncpal Oh
which have referred will tend, think, TO greater
harmony among the departments, aud VIII render less
than their appearance before the court IN
anagoisin one to another. The reduction of judicial
salaries fragrant mistake, and although nave not
officially examined the question, hope tins specimen OF
false economy may be- thwarted by the Constitution