New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-11-04
TIE CONTROLLERS LLWYER.

AN EXPLANATION FROM TIE CORPORATION COUNSEL
The charge has been made that Controller
Green employed Mr.. A Hawkins as lobbyist W
Albany during the last session of the Legislature oi
the purpose of defeating certain bills and ASSISTING "
the passage OF Others the Controller thereby violating
the SCth,secon iof the city charter The following
is the language Of the section In question;
Department, shall the charge and eosdaei Of AZ t
busses and is Departments aud Of all ss tu
in which d. C Of SeTiG shall ,S be ,e, re &. s e.
necessary wieaag opening aenng streets, and ns
@eSt No osceS ccpsI.msut icep as srs.a provided
e a' pSTsnt To- furnish to eSafy eer such
sdyce legal council or attorney N or out o. ne
NAV say shah deem 70 nee, e
may appoint attorney for the collection Of person"
1t has been also stated that the Controller IN acns
independently OF the Law Department, and employing
Mr. Hawkins without consulting Corporation Counsei
Smith. OF procuring Mr. Hawknss designation as 0oi
poration Counsel Smiths attorney has made hiinSei'
liable to an indictment by the Grand Jury Tor n'S.'e
meanOr In violating section OF the city charter onu''
former charters the departments were allowed 10 Ell"
poy counsel without consulting the Corporation Coun
sci, but by the 36th section Of the new cDdi'oi
1t Is prohibited unless formal designation
il made from the Law Department For
the purpose of ascertaning what the Controller hao
to say relation these charges and to learn no" Dc
recOnced action last Winter with these PROVISIONS
Of the new charter defining the duties OF the LII" De
parment, TRIBUNE reporter waited upon MI "iee"
on Saturday his Office in the Courthouse meet
ing Corporation Counsel Smith in the lobby. Upon peg
told the object of reporters VISIT and asked whether
or not the Controller had committed m!sdemeanor
Mr. Smith looked rather grave aud thoughtful remaheu
silent for a few minutes and then stepped ID to consult
the Controller, After delay the reporter was
invited into the presence of Mr.. Green and Mt sintn
and, turning Immediately TO the former stated 'e casc
Mr. Green looked rather annoyed, and said. O1 tnl7
charge made before" Tae reporter asked mn
kind enough TO explain, but t was air snltn why
answered this ana all succeeding questions the COnto
occasionally nodding his head In approval OF MISERY
ing monosJ liable Mr.. Hawkins was EMPLOY oa u.
che beginning OF the session." said tue Co'pole'VV
Counsel In answer TO various questions, " before INC
passage the charter and IA perfectly legal anu
regular way for the i0h section Of the charter ol Tow
watch then IN 1Orce aud all previous cdlh CtlS
allowed any department To employ counsel OF ther Own
Mr. Hawkins employed under q contract, ana wac
engaged to remain 10 the end of the session. TIE
charter not passed until late IN the session. D' MI
Hawkins remained lac contract ana
II Is unconstitutional 10 impair tho Obligation OF Z con,
tract. Even If the Legislature had passed special
law relating TO him, he could not have Oteh leihV'cu
after the had been made because he had Deeh
retained ana paid TO stay"
Did you not formally designate him your attorney,
so chat he could have remained without Vioatl- me
new law 2" asked the reporter 81 did not" said MI.
smith, because it not necessary, for the reason
nave given. HIS appointment met Gny approval, nov
ever and he did good work there in opposing Dl ols,
The law nader which he was appointed was
abrogated by the charter, Dut lne
contract had been previously made I1tdS..ts any
the city al heart would have approved counseS BENG
sent Albany" Mr. smith further stated upon 1iIee.
question: that the Controller had not acted illegally IN
anxious that should not be printed as statement
from him. The Controller had nothing further 10 add
except that this matter had been explained before re-
ferrng the reporter 10 Mr.. Hawknss let'er recently
A reference to the books OF the Controllers Office
shows that mir. Hawkins was empoyed Maren d 1919;
and that he paid altogether S+if 70, from te luna
OF $1,000 appropriated the legal expenses OF the
Department VI Finance for 1873.