New-York tribune., 1873-09-06
LULL AT THE CITY HALL.
TREASURER sPRAGUE sURRENDERs UNCoNDlIioN
ALLY RoDMAN's APPEoACHING TRIAL-TH
CHARTER PROBLEM.


TREAsuREI spRAGUE sURRENDERs UNCoNDITIoN-
ALLY RopMAN's APPRohCHING TRIAL-THE
CHARTER PROBLEM.
The most important incident in Brooklyn
AFFAIRS yesterday the unconditional resignation OF
City Treasurer Sprague As previously reported In IHb
TRIBUNE he rendered several days verbal resgna'
ton TO the Mayor coupled with the condition that 1t
should take effect upon the confirmation of his successor
by the Common Council. He has now abandoned the
attenpt 10 dictate terms and asks for the immediate
appointment OF o The resignation was en-
bodied In brief communication addressed to the Mayor
and Common Council. which gave no reasons for the
STEP Mayor Powell issued call for a special meeting
of the Board Of Aldermen, to be held on Thursday
evening for the purpose Of receiving the resignation OF
the City Treasurer and appointing his successor.
There was a meeting OF the bondsmen Of Sprague and
Rodman in Controller Schroeders o0ice, yesterday
morning. Tie Controller states that several OF them
we're willing TO settle their liabilities by paying cash.
but as objected it uay agreed give their
notes Individual signed by all OF them, ex-
cept John Patton who declares that he has wish to
eyade responsibility, but is opposed upon principle to
the giving Of notes. and signs them his busi-
ness affairs 1t s stated that Mr. Patton will probably
be sued for the amount of his liability. The notes
given are payable Jan. 1874 and each the indi-
vdual proportion Of the signers liability for the def
cheney OF t4scoO Joint agreement was also signed 10
take proceedings for the sale OF the property OF sprague
and RodmaD and deduct the amount realized from the
total covered by notes. The bondsmen expressed
the opinion that the property assigned for the purpose
by Nj eprague would meet the whole deficiency, and
that there would be occasion for the taking up Of the
notes.
Mayor Powell told q reporter yesterday that he IA
yored the plan OF sounding the prisoner aud said that he
would willingly speak 70 Rodman in regard TO the mat
ter but that he was his motives would be mlscon
strued The Grand Jury will be impaneled and sworn
On Monday morning IL understood that Rodmsns
will be presented the ury impanoled, and
speedy indictment aud early trial, which will occt
sion the setting aside OF enc civil calendar for time
are promised
1t was the opinion OF many lasyers yesterday, that
the action the Charter which states that no city
officer who is connected with any banking institution in
which the funds OF the city deposited shall remain
IN Office m applicable 10 Judge mcCue, Alderman Ripley
Ropes and others Mr.. Ropes holds the tpositiOn OF
Chairman Of the Finance Committee OF the Board Of
Aldermen and no money be paid out without his
sgnsture to the warrant BY virtue Of this prerogs-
tive il ia claimed he becomes disbursing officer OF the
city, and within the provisions of this act
iudee OF the City Court has city jurisdiction and
hence may be considered city officer aud AS the latter
CLAUSE OF Section OF Title 10 does not restrict the ap
plication OF rule TO disbursng and receiving officers,
bnt declares the position Of city officer vacant who
becomes connected with institution In which city
| funds are deposited, Judge BcCue and Acting Dis
rict Attorney Cullen whose connection With the Trust
Company are well known, are thought 10 retain, lille
gay their city Offices On the other hsndtt is claimed
by the opponents Of this Interpretation Of the section
| among them members Of the Committee OF One Hun
dred who were in the framing of the section
that the disbursing and receiving officers OF the CITY do
not ucludo the Mayor the Chairman OF the Finance
Committee OF the Board OF Aldermen aud that the
scope Of the section limited 70 receiving and dsburs
ing officers that In the clause IN case any city officer
| shall become officer, director. or trustee Of any
| such institution his Office shall immediately be
! deemed vacant" etc, the words ANY officer"
| are limited In their application by the preceding
clause, referring to dsbursing and receiving officers
| BENJAMIN r. Tracy also OF the opinion that the
point raised would not effect any change in the city
| Government. It could not be possible, he
said, tina. any receiving or disbursing officer
| Of the city holds the position OF director
or trustee Of sny moneye institution where the ctys
| money ia deposited. Mr. Tracy thought that the alb
sence the word such" In the hast clause before the
words city officer" q simpler mistake, which
| would be Immediately understood and no issue be
| raised on the subject.
senator Perry who had much one IN the Iegs
aure TO do with the framing OF the Charter the In
tenton TO put stop 10 the practice which had long
pre- vailed Of permitting members OF the Ring TO run
their hanks and noneyed institutions with the aid Of the
city funds and TO discover in future all connection
between city officials and the managers or these instt
tions What effect a rigid construction Of the section
would have certain holding office under the
City Government he not prepared TO say as le had
| not given the subject sufficient thought.