The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-01-21
THE CORPORATION COUNSEL.
Mr.. E. Delafield Smiths Answer
to the Mayors Charges.
Unjust differences from Per
verified Facts.
HIS RELATIONS TO EMPLOYED COUNSEL

CORPORATION Counsel E. Delaneld Smith has fur
nished TO the press q copy OF his sworn answer TO
the Mayors charges, with copies OF various letters
and statements nom Messrs. o. Conor. Pierrepont
Dean, Davies Evarts Peckham. Barlow and Others
tending TO sustain his conclusions and indorse his
action The principal points OF ms defence will
'" '0uA1 ''N Law prrAHrxxsr.
ORIG. OF RI. c"ss .n Y 70 rhI Jan IS is7s
The Hon. wmLiAz II. wrKHAx, Mayor Of the city OF
transmit were ~ urged to h =,
psrtlsy 0 10 me He read my saiemen,s and
e nsay ahs see nothing thai
requires criticism at my hands" .;,, .ro M.
true and those that have weight They VIII
ssSs sSea n neSe & Of
of fact and misapprehs nsions OF motive WHO 10 me
referee ne aaS some ano un
the w the haxs at
and myself because Mr. aarvey was a. an ns
Therefore would not S, have I've
fss s s6ir.toa April e
as.ss lea leave, nothing facts d weis sn ea
. harsh S would not Be just;
TWO wears with zeaI ana perseverance IN all rs
ses not decided YET; Mr. Harvey has ash sfsn
Sornce than Of Jones' oa, tnat there was any
sssf that Ai must have been con-
eesned in eoasivc references to Speaker busted The
@ be s has dssaea esh y
making however as is ad~ed rsd lSa IN the
mst Wholly depend upon the and evidence in the
sst ae his ne s
In all instances Of references charged upon
that the obscure Sneaker Hustled
moneS Shom the Lesslss and
have trusted and hon9red sc tnat he IL usnsy in
Ss% York, having his ofee and legal Practice In th;
p S'5 .Ss extended him
In h oher 5 my
honor But IN this as in every other na ton,
The Printed H proceed seed
snow, upon examination. that since the charter was
any way affecting me has been
this well that Of the Go% NJ Y. cleo
iang authoriz,ng that Board to appoint ITS
s %as ai af
taken in the charges to either Mr. Harvey or Mr..
A1''eN aErxREScrs 4 GENERAL
Mayor and
he finally ns pn1ss as he , ws
been "a disposed Of in the courts and
ing Undecided ana antriea these only tnyolv
n very had
s p:s m ISpss ana
e Court as 70 ba pa hm The
suits involving Ut this character Is \
large portion of the cases IN this office.
Mr.. smith goes on to say that IN Difference to
the wishes OF Mayor Havemeyer he had sought a.
much as possible to avoid reference OF city suits
that where 1t was inevitable he followed the Gus
tom OF private practice OF saving expense to The
client by conserving and nominating candidates
for appoin tment as reIeree. and that bis naming
OF reputable lawyers as standing referees" was
much less notable than the practice OF hts honor
mr.
In most cases the city has the disadvantage OF
being the defendant. Yet the city litigation be-
fore referees has usually, in his hands, been sue
eessiu.
In reference to the fourth charge, that he had
procured the passage by the Legislature Of the
clause in the CHARTER OF 1873 prohibiting the en-
ployment OF counsel BY city boards or on1cals be
states that the action Of that section Is to vastly
enlarge the duties OF his ONCE without increasing
Its emoluments, and that, in fact, he was IN no
way instrumental in its passage; that he has never
loopied in the Legislature and that the clause waa
the workmanship OF the Committee Of Seventy,
designed Tor economy IN behalf OF the city.
EMPLOYMENT OF COUNSEL
Answering 10 the fifth charge he says that when
ever Mayor Havemeyer desired the employment Of
counsel MS wish carried out by Mr. smith
tnat IN reference to the Fourth avenue improve
ment against his own opinion and that OF dis
wish he empuyed counsel and carried on the
uugauon TIL by mis- advice 1t was discontinued by
gestlon OF the Comptroller as to naming counsel,
and the same has been his rule In reference 10 the
OF mis- once is twenty times large as ever De.
fore ana That though his help Is large 1t is small
as compared witn maj empoySu oy law mrins -.
ceeoings in his Office number 3,349 besides those
daily tried. argued or otherwise disposed Oh Every
ecuted every defence 70 see II It should be per
Sis ed in, every trial and argument as TO review
or appeal. la view of the bulk ana nature OF the
work ne claims that MS employment OF counsel IL
comparatIvely small.
After thus audlng to the complaints which the
Mayor cails introductory" Mr.. Smith proceeds to
the formal charges.
THE BAIRD CASE
Replying to the charge concerning his decision
not 10 appeal from an order OF the supreme Court
referring the Baird case to Ex-Judge John K. Por
ter for trial, Mr.. Smith states very fully the pro
Ceedlngs In the case, showing that during PAIN
tuI end dangerous illness he called Judges Davies
and Pierrepont IN counsel. and that they advised
the course ne pursued.
Alluding 10 the charge that he decided not Il
bring an action on the claim against Henry STARK
weather, the lather-in-law OF Governor HOFFMAN
he states mis- views OF the facts and law IN the
case He then concludes his defence to this charge
as lollows:-
nrm Of Martn smith. bis PROFESSIONAL experience anc
s safe a4 saTlssr inc I1 annexed NJ s%iiI
aud have now no doubt, that suit againat Stark
weather ms msaey 50 PAID must "a ss hay.
your place should not have sued starkweaiher, and
nd ns Of some Of dosrs nc
good purpose Mr.. Evarts says:-'It woul1 seem II
me that The Corporation Counsel could not have ex
pected o a suit brought tor the moneys 80
voluntarily paid"
Etghh Third Formal Choyge,-rhat I have moi
brought the ring suits actual trial since the decision
OF the Court Appeals In June last In this | am with
out FAULT annexed documents viii speak for them
selveS cast blame upon no and vindcatc They
vii prove that IN this momentous matter my sin
cerify, zeal and beyond posi-
blllty Of suspicion. My first ofical
place these suit. in the hands OF Mcssrs OF onor,
Barlow and Peckham, the counsel of the
State. The city suits were beld in allegiance
the result OF those the state. When the Of
peals dismissed the state suits the gentlemen above
named were continued my counsel Mr. Peckham ook
the As early January 1878,
following one Of the Tweed cases made in the
dOckets OF this office. ana nave continued
sent eQpy answer 70 OC, + and b. vol IL page
49, a. december, Just past notices OF
Tor January. in four suits served IN from
Mr.. Peckhams Office ana the court calendars exhibit
the titles OF the La June requested him
rtriaI and nta.ri