New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-12-08

eCGGEs IONS or RFORATIOS COUNSEL WHITNEY
BEFORE THE SENATE C0MMIrrEE-CO-oprfA-
TON BETWEEN HIS OFFICE AND THE LAW De
PARTNFEr.
The Senate Committee engaged in the in
vestigatOn OF City Departments, held session yesei-
day at the Fifth Avenue Hotel william c. Whitney.
Corporation Counsel testified that there had been great
deal Of useless litigation for want Of proper system
The Controller and himself agreed that the Law Depart
lnent ought 10 be ct all times in cooperation VITA the
Auditing Bureau There should be there aawyer repre-
senting Law Department TO assist tn the in'csga
ton pass upon legal questions and suggest modes OF in
vesigati0u and inquiry, tat when claim was passed
uUon la the first instance Il houd be decided having IN
view both the facts aud the law applicable thereto He
Thought that very competent man ought to DO assigned
by The Law Department to the Controllers Office aud
he intended at an early day 20 employ such person
One great difficulty that the Law Department enconu
tered was in enforcing the provisions OF the charter
which provide that department SHAH Incur liability
without previous appropriation and the increase OF She
city debt came mainly from the fact that the various
departments made expenditures in excess OF Their appro
priatious The Law Department, In such cases would
set up the defense that the appropriation for the pay
ment OF the claim wa exhausted. When tho case got
into court it would appear that when the liability was
incurred there was money the credit Of the appropa
ton in the Controllers office. The courts
hold that, there having been money IN the
ncent to pay inc claim the defense was not good
and these people paid ont of the appropriation for
Judgments and the debt OF the city was tnceased 30
much. II there could be any system by Wnich the Nl
Gus departments should be obliged 10 register their la
he time that they made then It cond h
known at all times ust how much money wac exhausted
and Department could enforce the provisions or
the law. Then there would be no equity in favor of
man who contracted with the City a. the time when the
registered liabilities showed that the fund out Of which
he could be paid wac exhausted.
john Wheeler, President Of tn Department OF Taxes
and Assessments testified that the expenses OF his
department Tor the past were $l92 500 lie dsAed
for the amount next year His department was
run with much less expense than II wac formerly he
thought three ,iOnfrg we're necessary as inc
responsible ty great for one The office OF
Receiver Of Taxes should be merged IN tue Finance
Department. John H. WD,tman, clerk of the Third DIS
tTic Court testifed that no had issued about $500
sumruOnses for TIC = Board Of Health, and about
5000 for the Corporation Attorneys office. Not
half OF The Health B0ards cases were tried
Henry McCaJe, CLERK of the sixth District Court tesu
ned that hc had known Of one political meeting being
held ia the 10 held in the interests OF
John W McCJwan civil Justice-eoct, and member ~
the Assembly Committee OufCrme he considered mat
only one court attendant Wa necessary
The Committee atjOuIncd until today at 1880 a. M