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

SIR. The accusations you transmit were
u-ysd 70 the MAYOR Havemeyer, who could not be
accused OF partiaty He read my written state
rnsuts aud after inquiry and examination he dismissed
tho charges saying official communication, see
nothing that requires criticism at my hands" eh OF
Che alleged facts weight not true aId those
ths. arc rue have weight They who have given
these accusations u r final shape have evidently acted
uu Ter tue influence Of Misrepresentation Of fact sad
nsaDprchensOns o. motive which do NE great Justice
THE JONES CASE.
Fira Il Is said that the appointment OF Alexander
v Harvey as referee in the important litigation know
o.. he Jones case. have proceeded from some uu
Outstanding with the PLAINTIFF attorney on me part "
tile referee aud IT, because Mr.. Harvey was at me
tine Attorney Of Al tars under appointment and
therefore for understanding he would not nave
been accepted by tie other side The fact that hs
pontment a. referee was IN January. 1874, and his
po1tmont Attorney Of Arrears was IN April. th7ee
months aerward Tbs correction OF dates lc8ves moth
ing this charge but even The facts we're
n stated 90 harsh an inference be Just 1t
far though hardly necessary 70 add that M Harvey
IL gentlemen and association as JUS
BOD confidence ~ hts integrity and Intelligence. This
clam has resisted for years with zeal and per
severAnce4n all Its stages, and 1t is not decided vet MT
Harvey been proposed and appointed referee IN SIX
aus far importance than the OF Jones' but
that there was any siaster purpose against The
esty dsny.
SPEAKER Hustled AS REFEREE.
Second It 10 Iatiuatod that must have boon con-
earned In oOlusive references Speaker Hustled The
proof furnished allegation that out Of thirteen
Gases before has decided eizAt against the city.
making however. admitted reduction IN the
aggregate amount olIDed TIE force this Inference
must wholly depend upon the facts and evidence IL the
easos themselves The records open TO cxarlina-
tOn II they justify LIS nDdlng That Is the end CT this
charge. Upon this point refer you TO letter Of Mr.
Dean annexed, marRed Az analyzlDg each case. Ar.
fhaa ffv ia Ina hagu IN
cacs seven years. aad Is known 10 tho canrts
bt snd one Of the best lawyers at the bar in
9 corporation cases."
10 all instances Of questionable references charged
upon this Department in years long by, II wac 90
the referees selected were obscure Speaker
n isted q conspicuous man. Tor distinction and
money. whom tho Legislature and Governor OF tic
Btate have hORored. H. residence 10 Peek
skin should be coupled with ths fact that ne is usually
IL York, bgvlns his ofce and legal Tra,tce Iis
ely for Is years.
The suggestion is made that probably extended favor
En- TO forward scheme in the Legislature for
personal benefit. dony this, as do every other
tmputatoD upon nay mdnliness and honor Bat IN this
every other accusation, able point facts.
sftsR notorious and always ndsputa1e. for my vadi
The printed proceedings Of the Le..ture sud
Che statutes OF the state show upon that
siuce the charter was adopted, no measure
affecting me has been presented passed. excepting
sDiy bu proposing make this OIce well that
Board Of Health containing provision authorizing that
Board 70 appoint counsel IN place o. The Counsel
he Corporation heretofore its Official ad-
No exception taken In the charges 70 eitaer d.
Harvey Dir. Hustled. personally.
REFERENCES IN GENERAL
lard On two OCCASIONS references formed sub
ect Of correspondence between Mayor Hsyemeyer and
myself aud he fnslly expressed mis- surprise he well
m gut that so few had been made. During any term,
III disposed Of in thu
enly referred. OF latter many pending undc
oidod and uDtried OF four ouiy QnvovlHg very
email amountsl such might not have been com
pusOrily referred ~ references Lad
The records public. and they show that
single referee has appointed whose character
nHch as 70 Justify imputation upon hllc myself
che court that appointed him. The colr, OF practice
provides and the direct references in
NolYiRg long accounts OF THIS character sr.e
portion 81 the "a this ofl;e II does not 70 Low
because case has referred ID have conse ated
20 n. that a reference could By possibility
been successfully opposed In Difference 70 the general
wishes OF Mayor Havemeyer. Dy practical policy has
been 10 refer. substantially cases where II could be
avoided except IN some instances when my judgment
convinced me mat the interests wcA TIE aS cOnhdCs
90 my charge would DO very decidedly safcr IN the
hands Of Q good referee than IN Oec ~ "a jury,
Where references u plainly inevitable AID by saving
eounsei the preparation Of papers ami Motion. me
privilege be ObiaiIe1 Oi nominating persons from
whom the referee is 10 Ue selected II the practice of
a lawyers 70 % tie reference II making
nominations q firm VIII usually present two
thres in WHOM special confidence l. repOfed,
and WbO being frequently app 'iLJed, atquo Tie name
OF standing referees" II tney ua-xsep tlon@bc
Chey not usually objected -. There Is BUthnR
YeTy limited action N this respect COmpar
Ing with thatO the most honorable Of prede
eessors you will be surprised that Ills matter should
form subject OF complaint. Contrasting also will The
uBago IN the most eminent law Arms tue cry,
youf astoSishmont viii be stili sresIer i, Is
eaid that while references proper WigatJus
between individuals there ls peculiar 0U)cct 10 them
where me c0rpOratloa IS party and Iraad 10 Alleged
against It's aDtagonsL The experience Of insurance
companies charging fraud and stll more the expert
" the City Corporation Itself before Utes, per
feoty demonstrate this. In
She OIty has the dlsadv 81 Oelng party
fendHBt- Ibe statistics show That = ruC, IN private
we'll public plaintiff IL successful. because
Vsaz but they rarely bring tnem uness the testimony
Reed upon strong. The Controller carries to great
tougfn habit OF iudiclay sfnR claims against the
eity The city 100, corporation. But. Wi a These
csadYantages, we usually succeed when SUCCESS shCud
- reasonably expected
ALBANY LEGISLATION.
Fonrh Il Is charged that procured the passage by
the II zlsiature Of provision the Charter u lo,3
that department Of If OF the city employ
attorney or counsel and that ali Of them in legal
matters should apply 10 the Lew Department. " this
enactment creating new and vast exactOns upon my
tmo and strength been coupled with provisions for
corresponding increase IN emoumentr "a cOlnphciCY
"a tbS ogsgtiOn might be imagined. The truth ls au
oitoDai as0rs were imposed and al the same TINE ne
compensation OF tho Counsel 70 the Corporation Wah
dnoea 20 small proportion VI the Aggregate amount az
wheb IL had theretOfOns stood TO tho Bai.
IL Ia notorious that am never IN lobby. For nfteen
years have been the halls OF the e-islatlre
Or ms self. employed paid Lobbyist legislative
Agent or any purpose, nor have solicited cOucIated
en1er OF the Legislature upon subject Whatever
The history OF tho referred TO Is mat
pscu0h with the reduction OF cOmpe nSatiOI. ~ orig