, 1875-12-28

| 1eTkeINA} Il 1H4HtHh 4GFAllC SAtNN -
on Comptroller l,ayos to gather some facts from
him i'll regard to tho rocfnt ortinan:c passed. by
| iln Common Council authorizing tho Mayor
ard himself to eign contract with tho 0lobo
tiablight Compans Of Cincinnati o., by which
| tEcy are TO furnish 1000 wooden lsmp-poatH and
oiI,tamrs per annum for five ycara, receiving na
] pay therefor S44 por lamp each. Before goinE
further 1t might ho we'll to state that
these lamps arc cheap article, AMI
hnvn a remarkably peculiar tendency
| to catch fire. and burn up, and TINS forever end
their nsefu'ncst. Thoy nre Iittle gas-honso in
Themselves. md At ono tinle this claea Of 1nn1ps
took nos"n to take fro in neighboring place.
whcso thoy arc in Use, md 1t was only after much
I cxertioo that tho Tirs Department tboro snc-
| cce,cd In HAsin1 the l,af-pounl Of acEap-iron
which bound each lamp.
Comptroller lIayas eatd that he had opposed
tho ordinance bceauAo Elo thought It lin Siso TO
pass it just at this time wien there WIS n1
appropriation Tor 1t In tho Treasury aud no money
to mako all appropriation With. Hcsldes, it WAS
not policy to entor into now Obligations while
tho city wAa embarrassed. AZ It Has no~, with
hlnEclF as opposed to tho contract TO Tho Mayor,
| aHd refused TO sign 1t until he had obtained
loyal opiuion nR 10 tho validity of tho contract
from Judge Dlckoy l1o would not and .coua
not say that undue influence had boon used With
tho Council to Induce tlom to pass THIS 0td!-
uanco.
JUDGE nIcKEr
has replied to tho questions asked that hc can
soe no objection 70 tho form OF tho coasrnct sab
5nttcd aud that 1t contomplatcs that it slall nus
bo objective until after An appropriation shall
have bnen 1naie to moot 1t. uo further thinks
TINT it would do no harm to execute tho COIL
tract. NJ Tho city could hot DO ,nund thereby I'm.
less Ati appropriation wat made. Ho alAo Hays
that Mr.. Hayes IL not legally hound to eiEn it.
that Paint beng merely 1iestion OF proprioty.
ciTY-ATroRskr 1Ah1EsoS.
10 Lht Editor " The Chicago fr1bune:
tlrY LAW DEPARTMENT. CH1cAGo, Dec. 81
1n AT editorial which appoaret! in th1s ins's ssue
of The TntHUSE. commenting upon the OF
dinanco authorizing d contract to DO naao
With 'The Globe laslieht Company" for
lighting cortain streets outside thu preaeut gas
limits. yuu mako The following statement: ''ue
(Mr. Hayes) stntod Lis legal objeo<lons. when it
nas reported, that All opinion Ab to tho legal
ity OF tho ordinance had becu already given by
City.Attorney Ja1nieson, who is becoming con-
ap,clons for tho cnao mud facility nath which he
furnishes opinious for tho Hing Hut tho
Comptroller still refused 10 atGn until 20 advised
bv thu Corporation Couuscl.'
Tho ahpYe rtatemnns il absuinYeiy and nn-
qnal,tledly iatse. havo never at My s.n'o beoR
appllod to for on opinion. nor hayo | glson cue
to any person, as 10 the legality OF u ,e ordinance
in question, Aly opinion Las noyer bcen sought
or asked for upon the subject, and ertanly haa
mover hecn given to any ono. lhe cuntEact
authorized by tlle ordiun1lce was submitted to
me Tor examination, aud upon sucl, examination
I nAde such corrections a. III nv Judgment
deonod necessary and proper.
At tho time had this contract nntlor consid-
Grafton, [ distinctly stated to Mr. l;aod, reprc-
houttug said Company. th1t tho city could not
mako any contract, lncnrrjng any erponse. uu-
less all appropriation had been previously made
concerning such expense. and TINT thore tnugs
iisst be an appropriation botoro tho contract
could be legally executed. Nov. il wore cor
rect In tins oninion land it il only ono havo
given on tho n,bject) then it in cosy that, II tue
Ma, or AMI Comptroller and This Company had
executed tho c0utrnck, tho city would not have
been bound thereby, BECAUSE 10 appropriation
lad been mado 10 cover tho c1paHnu incurred.
It will te soon, therefore, that nst "opinion."
which You hro rteaBod to aasumo MIS- piyon IN
~ "opinion " wiiici, % il held s' b Tux Inl suNx. % ~
1t il nno trna that. after had i1,Ishod my
oxaulnatlon Of this contract, 1 toq 1osted Mir.
Iteed 10 ash Mr. Hayes tu aend tho ss 10 to Jndgo
D!ekoy for Ills nepsctiou and CO, 'ste, ation,
tho advice OF tho Corporation Counsel was
sought ut InY special request.
III reply to tho cbargo,-tlat an ~ becoming
conapieuo,fs for tho case aud facility with which
furnitl. opinionA for the Ring" l. answer
that l,ayo never at my timo during my term Of
oflco given all "0pinlon" uDon nny subject,
which tho law aud INV oath of olllco did uot re-
quire mo to furnish, 70 the pcrHon or rcrsons re.
D1ckey became Counsel to tho CorporAt Ion. given
al 'topIuiou to tlls Council. Of any celnmister,
or department officer. which has not recetyeu
Julgo DloRey'H approval, with tho sins 10 excep-
t!on Of tls opinion given by mo 10 Ills Houor
tho Mayor in Tho injunction procood!M1s
have ncvcr. ak any tlmot during m:j term Of
otlce, given hu opinion which did no bciieyc
to bo tho la.. which has not received tho ap-
proyal OF nb!e lawyers, mud wtl,eh has not,
whenovor Investigated by the Courts, reeoivea
their sanction.
You have done mo gross and palpabl,, wrong,
and aHk vou to do me tho Justice 10 co rect it,
Respectfully. EGDKat JAM EXON.
We have no disposition TO do Mr. Jastuisson
auy Injustice. Our information camo pretty
direct, aud was doonled roliablo. Az Ia the
other nnttnr OF "furnAhipg opinions for tho
Ning." QUO OF those Itttly given may "hold
water but wo must bog tLo privilege ot,doubt.
ipE.-Ep.J
SAVINGS BANKS.
TIE HKCuAITI.