New-York tribune., 1874-12-15

,r On. .,,x b.. b.sn sd,u,ted determined. and ascer
taned by tribunal specially organized ana cIea.eo len o ~
the purpose aud which, composed as IL was OF mou VI
conceded Integrity ability and learning acting nnaes
tho saDctiea Of OATH was infinitely better qnaiJIa
could be- Unlike court which ascertain facts must
rely upon evidence OF others this Board nad
the work having been done under their ah'
according to their plans" - ,..,. %
these and satisfied OF the duty and obgaon ~ ., sno @
city relation to this Improvement caused 10 oe a a
the execution OF the work. In my Judgment tne Oon
troller fully justified in all he has done Id cohhe0
ti0n with the payment OF these claims ,.,.,. m
As the particular warrant to which the litigation re-
aes returned by my predecessor TO me "
of Finance, will forward TO the Controllers a copy OF
your communication, and Of this reply, that ne may oo
made acquainted with the course consider u 10 oe @ y
troer the propriey delivering the warrant sgneo py
Mr. Havemeyer. or to prepare ana Iorwao a. 10 me can
collation. of the previous one OF course you wi See
that whatever proceedings may be are
to have the litigation closed return the papers ~0n
accompanied your communication TO me. $780,
Respectfully SAM B. a xAEcs. Dss iS %ay1. i
The Hon. SAMUEL B. II. VANCE Mayor Of the Guy"
SIR: In the matter Of what is called the Fourth
Avenue Improvement your predecessor raised ques-
tions the consttutionaity and validity OF the Jaw
under which the city Is obliged to one half the e&
penses OF that Improvement learned from Mr: d
meyer that the objections originated WIN @ Snd
the opinion of Mr. Simon Stern, who agreed Win nl
aud put his reasons in writing. MT Havemeye,t Ne Hr
ouested me 10 give sanction to the retainer OF M
Stern to put the whole matter in litigation l strongly
against this and being unable 10 iDnuence @
I obtained, q to render them entirely lmpar,
tia OPINIONS from Mr.. g. r. Nash, an eminent lawyer 1i
this c v and OF Mr. Henry L. Dawes, formerly fresu
ing Judge OF the Court OF Appeals. ,,-.,
Those gentlemen were asked to give their Jndgmeas @
without bias. They did So; MY own OPINION was a.
strongly sustained by theirs Nevertheless yielded 10
the very earnest request OF Mr. Havemeyer, and per
mted the litigation proceed, at least so ar as ane
Special Term Of the Supreme Court with incpient steps
relating to an appeal IL resulted In decision oi sne
Supreme Court, given by Mr. Justice Westorooh, 'uas t
law the part OF the city authorities: Tans,nl'
Judge WestbrOoks opinion, with the opinion OF messrs
Nash and Davies to the same effect reearu ehsSo S
three opinions as uuanswerabe. L also lnclosc the
printed opinion OF Mr. Stern and his printed argument
think litigation here is most causeless and useless
expenditure of public money ,.,o. ..
advise you, after the most thorough examination OF
all the laws and judicial decisions bearing
upon the subject, that yourself, as Mayor OF
the city, and the Controller and Auditor, are bound
by law to sign and deliver the warrants necessary
to meet the obligations OF the city, as provided IN te
act OF the Legislature referred to in the opinions mere
with sent. / Will be glad Of any intimaton OF your
views upon the subject. ,,. ..
lam Sir. very respectfully your obedient servant,
Z. DELAEIELD SMITH, Counsel TO the CVrpora'ion'