New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-02-19
REMOVAL OF THE CORPORATION COUNSEL

REMOVAL OF THE CORPORATION COUNSEL.
The Mayor opened the correspondence with
Gov Tden by transmitting TO him his order OF removal
of Corporation Counsel The reasons wero suose-
quently stated IN the following letter to Gov Tilden
MAYOR wICKHAM TO GOV TILDEN.
EXECUTIVE DEPARTMENT, CITY HALL
EEw-IORk, Feb. 3, 1875.
tn He Ere,,L,,sy SAMUEL j. TILDES, Governor Of the
State OF HeU- York.
SIR: transmit to you herewith my certificate OF re-
moval OF f. Delaeld Smith, esq. from office as "Coun
sci to the Corporation" and Head OF tho Law Depart
| ment OF the City OF NewYork
Tho cause his removal s as stated In the oertncafe
his failure in performance Of and his personal unntness
for the duty of prosecution OF claims against VIM d.
Tweed and others his refusal institute proceedings
10 enforce the claim against Henry starkweather and
Others with the publ caion OF his pretext for so dog
and his disregard OF the rights and interests OF the Guy
in cases wherein IL Is defendant and which lie mas py
express consent by neglect Of opportunities for active
resistance allowed to be srHt for trial before referees
instead OF before jury the proper tribunal
/ My reasons for SO removing HIM are these hasa
established the doctrine that In the present state OF the
| law, frauds upon the City Treasury or upon 1uhas
p ihau actions in the name
the Mayor. Aldermen, and Commonaty OF the CIty Vi
S nse Mr. smith Counsel to the
special act OF tho Legislature has been procured CIV
over all litigaous in which those parties may be con
| cerned Mi. smith was appointed TO Office In the
| and by persons all Of whom at that time stood
| charged with, and some OF whom have since been
oss sums from the municipal treasury the sgoas
details OF whose transactions had then been exposed to
| general observation with such appalling distnctness
| thai none not even tine thieves themselves had at
Ss has se a sS be the
nciary OF that bounty OF those persons ho mas not only
made no real progress IN oga ~ oaS
their gift but has improved what opportunity DO mas
Second From June, 1865 July 1871, Henry Stark
weather head OF Bureau Tor the collection OF AS
sessnents the Street Department Uader color OF an
ordinance not applicable to tue case ana ny Ine
lent coHnivance OF other pablo officers, SarKwea'her
| unlawfuy received and thereafter dlVlded WIN MS
confederaies more than $4,000 OF the public moneys
upon the futile pretense that lie ana they were ene1
70 that sum peanlstes for services never rendered
| snd actually impossible Of performance Nodce OF
these unlawful acts was gwen 10 MI smith cary "a TO-
aud then uge1 10 prosecute tho copsPta'Vto l
tho recovery OF the moneys. .
mat ne refused TO do--and. after the vain statement
of several reasons, all without merit and WHOM ne mas
| abandoned as untenable he has finally assigned and
nubished rs his just tca0n for such refusal TINS tha
SO cannot be recovered back Without stopping now 70
remark that that defense, II defense u De- Is common "
nriated oy Tweed and the rest all Voluntarily
PAID them by Connolly or by some other
ton is entitled be considered as anything more than
Were sham and pretense il met by the fact that
wS, il Is we'll established that moneys voluntarily paid
by an individual or by private corporation an wi,
t law it. Is equally well Established that that rule has no
application to where the Governments public
| without authority OF law by one OF it's officers.
| The extent of the authority and powers OF every
fnuctonary OF public corporation Is prescribed W tne
| law Dy which ne exists Every person dealing win
such an officer rs ana vss u OF public
moneys made TO him and Ii IL no defehse 10 SUIT
| recovered by It were voluntarily paid away by the
officer temporarily In charge or the treasury were tne
| rule otherwise any public purse would Da specify ue-
petcd by tue first knave who could thrust himself Into
| place as Its lawful custodian. ou,o,o ,,o,v .,ot
Mr. smith, after amendment 70 the law allowing MN
certain discretion in the premises In causes wnere tne
involved and reliance upon defenses OF frauds alleged
to have by the plaintiffs committed mas
dangerous facility In c0nsenting or submitting TO IL
that issues. which should be tried only by Jury DC
sent to referee either aea s oep ~ ' n causes
For these reasons deemed It my duty to mako the
removal az the only eecua OF guarding the In
'0''' VIM Ii. WICKHAM. Mayor,
| REMOVAL OF THE FIRE COMMISSIONERS.
| This was also accompanied by an order re-
moving Joseph L. Perley Roswell d. Hatch, and Corne-
us Van Cott Pre- Commissioners, aud second letter
giving the reasons for the action at length This letter
| is as follows:
MAYOR wICKHAM TO GOV. TILDEN.
| ExEcUTIvE DEPARTMENT, CITY HALL
| NEwYoRK. Feb g. 1915.
To a. Esessn1py SAMUEL j. ILDES' Governor OF @s
s,R: tg,nsmit to you herewith my certificate OF
movai OF Joseph L. Perey, Roswell D. Hatch, aud Cor
nelius Van Colt from office as the commissioners mere
to0re constituting the BoaTd VI fue Oot''Vho's VI
! the City OF New.forb, Ia
The cause OF their removal IT, as stated In the certi
cate: Incompetent wastoul administration OF the
Fire Departmentiby said Commissioners; willful and
persistent evasion and violation by them OF PROVISIONS
| Ing supplies for the Department.
| Nv reasons for removing them are those:
First The payroll Of the Department has been bur-
dened with employees maintained IN dleness at the pub
lc
and who. by evil lives and runany conduct have been
| an occasion for scandal
second: very Important book OF the records OF the
Department missing; and there are no books which
correctly show the amount cost or value OF stock and
'Tkird: Apparatus and machines on hand have been
by Others in tho sale which relative of one Of
| the Commissioners has had peeaniary interest;
Quoted without discretion OF p 70 tho hs
actual cost of repairs in any specific work done there
FUth Under patents or pretended rights 10 patents,
more other officers of the Department have had or
claimed interests, large sums have been exaoted as
and machinery. ordered by the Commissioners to be
used in the Department has been increased to an
amount VIGOROUSLY ex0rbant-some OF these purchases
having been made las others hereinafter mentioned
were) with utter disregard OF regulations and laws
SRA The painting for the Department has been, for
nearly year done under an ARRANGEMENT between the
PRACTICAL acquaintance with the business. who has
charged and been paid for the raw material alone some
cont ABOVE tho ia
excess OF what was actually required
Seventh: The regulations direct each OF the several
Bureaus and CINE companies OF the Department 10
make quarterly reQustons In advance upon the Board
OF Commissioners Tor three months Supplies as needed
BY IL; which requisition after passing through the
hands OF the Commissioners, should DO transferred by
them 10 the superintendent OF supplies VINO should
treretfpon purchase and furnish such OF the supple,
designated In the requisiton shall have been approved
and allowed by the Board
AN examination OF the duplicate bills on fe with the
OF the Deparmen dscoses the fact
ibat they are to appear to show that the
purchases Of supplies have been made in compliance
with the requirements Of that system; In fact how