The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-02-19


eal progress intprosecu ion against them oil suits
Instituted previous TO has acceptance OF office al
their gilt. but has i'm proved what opportunity he
has had 20 shelter them against pursuit
SPc0fid-From June, 1853. TO July, 1871 Henry
sta, was ead ,b 1a Saseaa nor the otec
Under color OF an ordinance not applicable tC
the case and by the fraudulent connlvance OF other
public ofncers, Stafkweather unawiuiiy received
aud thereafter divided with his coniederates more
than $4,000 OF the public moneys upon the futile
pretcnce that he and they we've entitled to that
sum as Prerequisites Tor services never rendered
and actually Impossible OF performance.
Notice Of these unlawful acts was given to Mr..
Smith early in 1874 and ne was then urged to
prosecute the consprat0rs for the recovery OF the
moneys.
That he refused to do and. after the vain state
ment or several reasons, all without merit, ana
which he has abandoned as untenable. he has
for such refusal this THAT the moneys were vol
unfairly paid to Starkweather and so cannot be
mark that that defence IL defence it be, is COM
mon to all the cases above reerred to. that the
moneys appropriated by tweed and me resi- rest
or by some other confederate as complalsant-it
may be observed that, II the suggestion IS en-
mere sham and pretence It is met by the fact that
while 1t is well established that moneys volun-
tarlly paid by an individual or by private cor
poration, ana without mistake OF fact, cannot
ordinarily be recovered back ut law, It ~ equany
wen na ss 'nss pac
pOratiOn-clams to recover pubic moneys palu
away without authority Of law by one oil It's
officers.
The extent OF the authority and powers or every
functionary OF a public corporation Is prescribed
by the law ny which ne exists: Every person
able with knowledge OF the law under which dis
Dursements OF pubic moneys are made to hIm;
and 1t IL no defense to suit by the COVE nment
that the moneys claimed to be recovered by 1t
were volun rariiy paid away by the officer temper
arIy in charge or the Treasury. We're the rule
otherwise, any public purse would be speedily de-
p!eted by the first knave who could thrust himself
In @ place as Its Ia v full custodian
knowledge show
that Mr. Smith, alter an amendment to the law
allowing him certain discretion IN the premises,
In causes where the city Is defendant, III some OF
which large amounts are involved and reliance Is
upon deIences OF frauds alleged to have been by
tne plainti1s committed, has manifested dan
gerous facility IN consenting or submitting to 1t
that issues which should be tried only by jury.
be sent to referee either actually selected by the
adversary known to be favOrite with plaintiffs
IN causes against the city.
For these reasons l deemed 1t my duty to make
the removal, as the only effectua means OF guard
spectIully, VIM. II. WlCKhAM, Mayor.
THE REMOVAL OF THE FIRE COMMISSIONERS.
EXECUTIVE DEPARTMENT, CITY HALL,
Nav YORK, Feb 3, 1875. !
/, william Fl. Wickham, Mayor OF the city OF
New York, do nereoy certify that In virtue OF the
authority vested in me by section rs OF chapter
1856 OF the laws OF 1873, entitled "An act TO re-
organize the local government of the city Of New
tunity to them Afforded 10 he heard and alter ac-
tually hearing them removed Joseph l.. Perley,
ONCE as the Commissioner here,olo constItut-
ing the Board OF Fire Commissioners OF the city Of
New York.
full administration OF the Fire Department by said
Commissioners, wilful and persistent evasion and
violation hy them oil PROVISIONS Of laws prescribing
their duties ana an undue preference shown by
them to favored individuals in purchasing sup
p''' ~ WV WILLIAM Il. wIoKHAM, Mayor.
EXECUTIVE DEPARTMENT. CITY HALL
NEW YORK, Feb. g. 1875. !
To His Excellency SAMUEL J. TiLDEN, Governor
OF the State OF New York.
SIR transmit to You herewith my certificate
OF removal OF Joseph L. Perley, Roswell ID.
Hatch and Cornelius van Colt from once as the
OF Fire Commissioners OF the city OF New York.
The cause OF their removal is, as stated in the
cerrlficate, incompetent and wasteIul administra-
ton Oi the Fire Department by SAID Commission.
ers wilful aud persistent evasion and violation by
them OF provisions of laws prescribing their duties
and an undue preference shown by them to ia
vored individuals IN purchasing supplies Tor the
department..
MY reasons for so removing them are these
Ftrst-The payroll OF the department has been
burdened with employees maintained in ldleness
at the public expense or unfit Tor the duties as
signed to them, aud VINO, by evil lives and ruff
1anly conduct, have been an occasion for scandal.
second-A very important book OF the records Of
the department Is missing; and there are no
books which correctly show the amount, cost
or value OF stock and property on hand.
Yhifd-Apparatus and machines on hand have
been discarded and destroyed TO be unnecessa RI ly
replaced by Others. IN the sale OF which neaf
relative Of one vi the Commissioners has had Il
pecunlars interest.
FomrM-Busness at the repair shop has been
conducted without dscrel ion or proper system
ana means nave been taken or records Kept 70
ascertain the actual cost OF repairs IN any specific
work done there.
patents. in and TO which one OF the CUmmi 5si0ners
and one or more other officers OF the de partment
been exacred, as royalties and otherwise, ny
which the cost OF apparatus and machinery or
dered BY the Commissioners 70 be used IN the
department, has been increased to an amount
not0rOusiy OBSERVATION-DISCLOSURES OF these purchases
having been made las Others hereinafter men.
toned were with an utter disregard OF reguIa-
tons and laws for such cases provided.
StLth-Ine painting for the department has been,
between esu Inc su and "a persos nut
painter or himself OF practical acquaintance with
the business. who has charged anu been PAID for
the raw material alone, some twenty-five per
cent above the market rates and IN quantities In
excess OF what was actually required.
SeUe71uh-The regulations direct each OF the
several bureaus aud engine companies Of the de-
par meDt to make quarterly requIsltiOns In ad-
vance upon the Board OF commissioner ior
requistloD. after passing through the hands o. the
Commissioners. should be transferred by them to
the superintendent OF Supplies, who should there
upon purchase and furnish such OF the supplies
designated in the requislti0n as shall have been
approved and allowed by the Board.
An examination OF the duplicate bills on nle
win the general bo0kkeeper OF tine department
discloses the TACT that they are so made out as TO
appear to show that the purchases OF supplies
have been made In compliance with the require
menrs OF that system. In fact. owever, no regard
OF the law, which have been perslstently evaded.
For instance. since the present Commissioners
have been in office all the supplies OF feed oats,
nay and straw for the horses OF the department
(some 200 In NUMBER have been purchased OF q
brother-n-iaw OF one OF the Commissioners. There
has been no such contract with INN as Is required
by law TO be made with the person furnishing
supplies TO the department.
In any particular case an order In writing has
been made, Specifying the quantity OF. whether
feed, OATS hay or straw to be furnished during the
next month 10 any bureau or engine company IN
need OF ~.
None OF these orders which have been brought
to my attention specify that the article required
Is TO he OF the best OF any designed quality or OF
proper standard as TO weight or measure, though
II Is pretended that 1t has always been unders God
that the quality was TO be the best and the weights
and measures Of full standard.
The article so ordered has been thereupon de-
livered by the seller, not on designated day. but
day aud at an hour to suit his own mem.
ence-thc person who receives IT merely signing
ticket (area1y prepared and filled up b, the
seller for the number or bags OF feed oats, or
OF pounds OF hay or straw. thereby pretended TO
be delivered. no INSTRUCTIONS or authority having
been gwen and no facilities afforded to ANYBODY