The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-06-30
THE NEWSPAPER BILL.
Its Defence by Hon. Charles Crazy.
Isl EAST NINETY SECOND STREET, |
NEW YORK, June 25, 1873

Its Defence by Hon. Charles Crary.
ISL EAST NINErY-sEcoND STREET,
New YORK, June 25, 1873. !
To His Excellency Governor JOHN A. DIX
DEAR SIR have never heretofore said or writ
ten IA word to you on the subject OF the ''News.
paper Claims BILL" SO Called passed at the recent
session OF the Legislature, and had not intended
to do so until my attention was called to the New
York Times OF the oath instant, containing what
purports to be report made by the Committee on
Legislation OF the New York City Council OF Politi
cal Reform to that body, wherein that bill is most
unjustly assailed, and tts provisions and objects
misinterpreted and misrepresented In way not
creditabie to an organization which assumes to
lead public opinion and to intehgenty discuss the
various questions that are brought before the
public.
afordsa speedy remedy whereby parties having
just claims against the city for advertising could
without the delay and expense incident to litiga
ton in the courts, have their claims audited and
paid; and, second, to provide way bv which the
city, as well as the courts and the Legislature,
could at once rid itself finally Of those claims.
Those objects may be definitely accomplished
under the bin referred to, as will be abundanty
shown by an examination OF its provislons:-
First-Provision is made by the act giving an ap-
peal from any decision OF the Board OF Audit IN
respect to any claim presented to that Board, the
appeal to be taken, as to claims already passed
upon, within thirty days after the appointment OF
the Commissioners who are to constitute the ap-
pellate tribunal and within ten days after the de-
cison OF the Board, as to claims hereafter to be
passed upon. The Board OF Audit is composed OF
the Comptroller, the Commissioner OF Public Works
and the President OF the Department OF Public
Parks. The concurrent vote OF every member OF
that Board is necessary to decision. The appel
late tribunal Is composed OF three commissioners,
to be appointed by the Governor, and no decision
can be made upon the appeal except by the con-
current vote OF all the Commissioners.
Sec0ad-The Board OF Audit, or, II an appeal Is
taken, the commissioners, are to give Judgment
without regard to technical errors or defects. And
they are prohibited from rejecting any claim
merely because oil q defective or insufficient a,-
thority directing the performance Of the work Tor
which the claim was presented, provided the work
ocer Of the city or County % Se SaG the ne
ordering thereon was within the reasonable exer-
else OF the powers OF such government, and pro-
vided the party performing the work did IL in good
faith and had reasonable cause to believe and did
believe that sucn work had been actually author.
lied 10 be done by some lawful authority.
This provision was designed to avoid che techn-
cal rue th17 the claimant must show in all cases
direct iesal authority from the Common Council, or
other expressly authorized body or person, direct
ing the performance Of the work; Which rule would
often operate harshly and unjustly against those
OF some ofiicer or Durcau OF the city government
whose authority In the premises might reasonably
DC presumed, anu winch authority mad never.
the practice OF the different departments been
doubted or questioned. A criticism ID made upon
the language Of the act which provides that the
ordering oil the work must have been within the
reasonable exercise OF the powers OF the govern
ment" whereas, II Is said, 1t should have been
.onicer'' or "Dureau.u But this would have proved
unjust towards many honest claimants, Tor wnile
some OF the subordinate officials oil the city were
often entrusted with the duty Of directing this
work to be done, yet how could such direction be
said to be within the reasonable exercise OF the
powers Of such 0flicialsf Thus the claimants
ipsnt 80 lthough otherwise fairly and equitably
entitled to Felief.
sioners are prohibited by the act from auditing
any claim at q greater rate or amount than that
charged TO the general public for similar adver-
tisng or than that fixed by law, or by tue contract
under which the work was performed; nor are
they authorized to audit any claim which has been
paid or otherwise legally satisfied or discharged.
Ii is upon such language as this that the report
referred TO bases it's conclusions that the Commits
sioners required to allow all claims, at the
lar advertising, whereas The language OF the
statute is negative, lorbdding them to allow q
greater rate, aud f0rbidding also greater rate
than that fixed By law or by the contract OF the
parties, thus leaving the commissioners the power
to determine any rate they please, provided It does
FOurth-The decision oil the Board Of Audit, II
not duly appealed rom and the decision OF the
maae, by the act nai and Conclusive upon spe the
parties and the claimants are forever thereafter
barred from having or maintaining any action or
proceeding for or on account OF the same
This provision ID important and entirely In the
interest OF the city. The moment a claim ID pre-
sented to the Board Tor allowance, or to the Com
mlssloners on the appeal, that moment jursdic-
ton Is obtained over 1t aud the decision upon 1t
becomes final between the parties. When il is
considered that there are large number OF these
claims. involving several hundred Thousand dol
lars and that they may be kept alive Tor years.
not only to be litigated in the Courts but to tor
ment and corrupt the city authorities and our
legislatures by repeated aud persistent applica-
tions for relief 1t becomes oil some consequence to
know that a and remedy DruvIeu
which these claims may be speedily quieted ior-
ever
Fyrh-The Board OF Audit Is composed OF Messrs
mOusly concur in decision, else the city IL not
bound. II an appeal is taken from their decision,
It ID to three commissioners, to be appointed by
the Governor, ana they, in like manner, must con-
man will say that the people have not entire con-
hdence in the gentlemen composing the Board OF
Audit, nor that the Governor would not appoint
capable and true men commissioners to SIT In
visions OF this act no claim would be allowed
which was improper or illegal, and all honest and
equitable claims would be promptly audited and
paid. The questions before the Board of Audit or
the Commissioners would be questions OF fact only.
BY the very letter OF the law they are to give
judgment according to the justice anu equity OF
the claim. WHAT an absurdity to suppose that any
claim may be legally allowed by them which has
upon IL the least semblance OF fraud, or that the
rates allowed by them Tor advertising may be
greater than the claimants aAe fairly and legally
entitled to
Sfrth-Finally, ask that this bill shall be ap-
proved, not only on behalf Of many persons TO
whom the city Is honestly indebted for advertising.
but on behalf OF the city OF New York, which is
~ : ''''' ''' CHARlLEs CRARY.
INSTRUCTION.