New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-01-21

here. differ fcom several charters which preceded IT,
nave read the complaint prepared IN the case against
Stark weather These were my views and they still
ny views upon the purely legal question; QUO enter
not have sued starkweatner and thereby put the city to
tue expense, ~ counsel fees costs, and OF
sincerely and always, your brother, AUG +. SMITH
"A letter from A f Smith Mr.. Eyarts, marked F.
contains the substance Of the foregoing letter, EFT
NOTE FROM TIE HON; WILLIAM NJ. EvARTs;
A.. -. -, NO. 2jl SECOND AVE, Jan. H. 1878.
MY DEAR Mr.. SMITH: tank you are qaite correct
IN your Wow OF the doctrine of tho law concerning vol
circumstances OF Stark case presented no cir
Grnsahets 70 ta6e II without the Application OF ths
Counsel could not have expected recover a suit
Drought for the moneys thus voluntarily pad. am
yours very truly. wM. NJ EyAKTs.
OFFICIAL CORRESPONDENCE In, l. ANDJl
- LAW DEPARTMENT, &C, Dec 3. 1917.
me Hon FRANCIS e. BARLOW, AttorHey General tie lion.
GESrLFNES: Having accepted the ofF,o OF Counsel
10 INC CJrporitiOn vacant Dy tle resignation OF the late
ihin'aDen. al once place myself IA cOmmuncluon
ing against persons CHARGED win fraudulent CONVEX
SONS Ok public money aad snail act upon any su@s 80
spec'' your obedient servant, Z. DELAFIZLD SMITH
LAW DEPARTNENT, ETC. Dee. %. 1872.
RIcaAED O'GoRiAa, GEORGE iIcHSoa CURTIS, JOHN X
GESILLNEv In the suits pending in This department
against persons charged Will frauinent conversions OF
puDc ion-y wa please regard your retainer or ANY
implied retainer, terminating the 81 Instant The
Gay o. my accession 70 tls Office Vita great respect
ahu 4II' your OOeqlent servant,
T. DELAFlELD SMITH.
Counsel 20 The Corporation.
LAW DgPA orIENT. ETC, Dec % 1872.
FRANCIS G. BARLOW, AH9rIIey- General CHAs O'COSoR,
HELLER IL. PECKHAM.
GEaIL4GLN: Referring to my letter Of tle 81 instant
addressed q the Attorney G saera and Mr.. OCouor ana
lncosiug copy or letter OF TINS dae, sent by 10
MessIs . German. Gurus ana Porter, respectfully re-
quest tnnt Will regard Yourselves by
u br..n the CIty COun New-Y from
30 instIL the Day Of NY accession 20 this O1ice IL al
ssta or procee lng- now pendias which, 10 consuta
with you It may Do deemed proper to institute, III the
ma " tAr 44tIdlIcut cJuYerrOn or pubic money,
Wh'i has already been the subj .ct % Du lie ami pro.
ir@sona services rendered by YOU under authority OF
the STATE 0. Ntw-Iork. soliciting yOur advice and ali
IN this mos; important branch Of my public duty and
Obligation, am, sent!omen with higl, respect your
oDediouJ servant, L. DELAFIELD SMITH,
Counsel the Corporation.
ArIORNEY-GESERAL BARLOW 10 THE CORPORATION
COUNSEL a..
Dr1AyfELD SMITH Counsel 10 tAe 1orporasi , A'''
ny DilK SIR; am very glad 60 learn from your let
tor Of Dec 2S as mad already been informed by you
verbally that there would AeHcetOrth be entire CO.
operation between you aud mys6r IN the conduct or the
ciYll suits heretofore brought 20 recover the public
moneys mlsapplied By Messrs Tweed, Connolly and
others For myself heartily accept your proposition.
that the suits brought by tie city and county shall be
conducted conformity with those brought by the state
AMI that those shall be first pressed which 1t shall seem
TO u.s. VIII cOnduce most to the public interest-that is
fIrtnest advanced and we bail therein. Moth
ing could be satisfactory ana favorable TO the pub
Faivcrs BARLOW. Attorney General.
MIR. H0NoR AND MR.. PECKHAMT TO IKE CORPORATION
Y.w YORK Jan. "a. 1873.
Z. DELAFGEiD s9rTH Co,trsel to tho Corporation
EIs: Under powers somewhat suddenly and IN
exprcieliy conferred. bureau OF ths Attorney
special purpose OF correcting by judicial
abuses m the municipal government which had been
10 official nstruc tious which il believed had
power 60 dlsobey anticipated the impending action OF
the bureau by commencing the SUITS alluded TO in
your OF tie 18th ut. These suits have hitherto
been relied upon giving color to the defense OF the
city pccustOrs against the instituted In the
name OF the STATE Ia the supreme Court opinion mas
been divided the question whether these suits ia
the assertion exclusive legality could defeat the
sats- ACTIONS. We believed that they could
hitherto pronounced have conceded with opinion.
Nevcrtheess. iust apprehensions existed that they
Learn with pleasure from official note that these
Local suits penuin- in yoar department. are TO be con
n ~ ecnesf Of the Attorney General we win DO
Lappy 10 mite WITH giving such direction TO
tsese suits az. f eonsutetion we may all deem best
WHEELEE II. PE0KHAM.
Mr. o'coNoe 10 rHE CORPORATION COUNSEL (Ml.
MARCH a, 1878.
sra: Ia the cases against Tweed aad Others
printed An argument OF OPINION OF Judge Porter
and NT curtis. Ga the argument OF demurrer at Gen
eIal Term ne printed set OF points should NE very
much have iew c"pes OF each OF these papers Ihey
arc he'o'u ~ ''-'' 'D''-''' Gu 0'CoSea.
Tue Hon. T. Delaf I'D Smith Corporation Counsel
for - A T. CAMPBELL Onief Clerk.
rHE CORPORATION COCNsEL's LETTER ~.
Law DEPARTMENT. etc. NEW YORK Nav l. 1874.
The Hon CHARLIE O'COSOR. FRANCIS c. BARLOW, and
WHEELER H. PRCKHAn.
aucs Jf - Office early December. 1872. Terminal ed
The retsinrrs my predecessor had gwen 70 the
ms, tuted frauduleuty obtained from
c.} by individuals formerly IN ofhse UNDER tne
nuucpa government of TINS citY and others You Will
rsnianbar also that time requested you
10 accent retainer those suits, which you dld IN
,tttt. ttula uuKyu
spondeuce records that, in harmony with your
yieWs. / at determined 10 hold those SUITS
m abeyance. order that the actions commenced
bv Won OF the Hate should reach INA decs
ion pdrpose being tnat the former mgh not De used
the latter. Referring TO
a brief conversation with Mr. Barlow few hours ago.
aud $50 20 paragraph upon subiectn letter
teray receved from NJ Peckham. the effect that the
of Court or Appeals upon the question OF
,he rgn. Of the STATE the actions might be
Adversely decided l desire to make suggestion
Win regard what called the city suits ana TO ask
your advicc. II 10 that We are likely NOS 10
0ptaiu thr rerf which yOG have hoped and expected
from the STATE suit- attachments should DC Issued
aga the property OF the defendants, where TINS 10
pOsse Certainly. ia respect 10 the late COnlrOer we
houId be able 20 aege the non residence wnlcn woud
the granting OF the writ or against
ms property and the AID OF the same writ IA ueSraDe
with regard to al the defendants we eau secure H.
munical-d In any way you may deem proper or con-
Am fuv aware Of the strong why, In many
respects. not AL state prosecutions. II main
famed would be eiecual than those commenced
y the city; and deeply regret that tnere - uouOt
bs any "a 10 tie hnal concloion Oh tue court
resort. Bat " those suits
men n IL nv Obvious duty 10 give much effect
he possible those upon tho Tecords OF TINS ounce Inc
co;;perAtOn which. upon taking the oath or once,
rered 10 uu and you pied heretofore in your
Ttrr-aed ud cment as well mine. been performed
NV psrmtug the suits here 10 lie in suspension In
order tlat tie defendants might not their pr0seeu
non Influence TO obstruct the run force OF tpose
which y0u been carrying And now, the CITY
snts are 10 constitute the cole public reliance fOr the
civil prosecutions. wish the cooperation between you
and m self continue IN sueh as you may regard
est calculated advance the public interests involved
II new hravy responsibilities are to DO placed upon
me IN these shall shrink from encounterlng
tn,m but will De greatrelIef and form great oblxa-
ton n can freely aud fully receive the aid or your
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