The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-04-24
NO SEAT NO FARE.


THE CORPORATION COUNSEL AND THE ALDER.
AES-vEws OF NEssRs LEWIS AND sHIELs-
PRoBABLE ACTION AT NEXT MEETING or THs
BOARD
since pubic attention has been pointedly directed 10
the remarkable fact that resolution adopted by the
hoaru OF Aldermen nearly three months ago. calling
upon Mr. Whitney. the Corporation Counsel 10 furnish
certain Information relative the city railroad COM
panies has not yet been answered tho matter has
become one OF general comment In February last
when the subject was broached In the Common Council
bill was pending IN the Legislature having in view the
suppression OF overcrowding tho cars, and no one
doubts that had proper attention been given to lib re-
quest OF the Board within any reasonable limits OF
time the fate of that measure would been different
Notwithstanding tho reachcrous conduct of the marty
who sponsor for IT, Tho Corporation Counsel In,
been asked personally several the cause Of
his muteness and he has answered that he was occu
pei with other matters of pressing nature
though is difficult understand how this one sole
affair which a considerable extent affects the heath
and comfort OF the public well as the interests Of
justice should BIO passed matter OF small con-
sequence In order TO learn tho views or members Of
the Board of Aldermen relative to Mr. Whltney's sngu-
lar course reporter OF the HERALD spoke to President
Lewis and Alderman Shicls the subject, with the OBJ.
Ject Of hearing what it proposed to do under the
circumstances
ALDERMAN SHELLS VIEWS
Alderman Shies said that no Introduced he resolu-
ton after examining the agreements between the city
and the horse companies. He impressed with
tho idea that when thirty years ago. the city did
contain than one-half its present population
the railroads could carry with pront passengers for Ave
cents, they might now with fully as much bcnent
transport them at lower figure Mr. Shiels remarked
that he had not at all forgotten the request madc
Mr. Whitney, and he added that he had spoken TO that
gentleman ten days ago in reference to the matter
The Corporation Counsel then informed him that ne
would send his opinion In without delay Mr. Shcla
could only account for his failure 80 by the pro-
sumcdly large amount Of business that required his
attention Tho Alderman seemed to be very clear as
to his duly in the premises Tho companies wore
evidently under the lawful control OF the Common
Council the charges for fare the frequency Of the
starting OF their vehicles as to accommodate the
pubc--and accommodation certainly meant an absence
OF ovcrcrowdngand in all other reasonable particu.
lars This might be disputed; but II test arose
would DO that the Aldermen would be sustained
IN any prudential ordinances that they might pass
relative 10 city railroads.
Alderman Shells, though not satisfied with the non-
compliance OF Mr. Mnilney with the resolution intro.
duced by him, not prepared TO state what
he would pursue concerning the matter Il was posi-
BILE the Corporation Counsel would respond next
meeting OF the Board bnt should 1t turn otherwise
II was probable that he Mr. shcls) would IL open
sion call tho attention OF bis fellow members the
business lie had noticed the action taken by the
Legislature In the matter OF overcoming, which he
considered great OWL but the chief point In his mind
have the rates OF fare reduced the dur
ing the hours when working people going to and
returning from their places OF employment He had
good opinion OF Mr. Whitney, who, most likely, from
press OF business he thought, been able up
this time to the requisite attention the resou
tion respecting the horse cars though had be
coded more than sufficient time had been allowed him
for that purpose.
PRESIDENT LEWIS VIEWS.
Mr.. Lewis President OF the Board could not explain
why Mr.. Whitney had not replied to tho resolution,
except on the ground that the enormous amount Of
business continually requiring the attention OF counsel
stood in the way Few, he said could adequately
prehcnd the quantity OF labor TO be perormed by Mr.
Whitney and there was not, in fact, provision made
for the necessary assistance in his office Still it
avery unusual thing Tor the Board to be treated ~ In
no instance in which two months were allowed
TO pass before furnishing information legal ques-
overlooked BY Mr.. Whitney but being informed that
the attention OF the Corporation Counsel had
repeatedly called 10 the subject Mr. Lewis observed thas
the resolution left convenience OF the counsel
and might be that considerable research and consdera
ton requisite 10 reach sound conclusion. Mr..
Lewis was informed that the power Of tho Common
Council over the city railroad companies by
means new one. Messra Lorenzo b. Sheppard and
Robert Dillon, predecessors In office vi Mr.. Whitney,
had the entire held and that since they gave
their opinions the entire DRIFT OF legislation has
rearm The terms OF the agreements entered into with
the CITY The President OF the Board could only say
that the matter was ut least the members,
and when unsuccessful effort made send MIR.
Shcls resolution, the 9th Of February the Com
mttee Rairoads-and for which he (the President)
voted-t was with the view OF having the matter well
understood, though IL was 10 be presumed that the
legal adviser OF the Corporation really the compe
tent party TO supply such knowledge
Mr. Lewis expressed the highest opinion OF the pro
fcsional ability INDUSTRY and integrity Of the Corpora
ton Counsel While in Office he had served the city
most bencncIay, and protected its interests many
actions which in thchands Of less ntous and
attentive lawyer would have gone against the people
But Mr. LOWS not prepared to say that Mr.. Whit
nev's remarkable silence the horse question
easy OF explanation. He had seen what appeared In
the HERALD concerning II, and not THAI
some ugly stories were in circulation relative to the
bill introduced by Assembly man kiiian but to Mr.
Whitncy's course he was convinced that only the
heavy pressure of Official business prevented HIM
plying to the resolution Mr. Lows called tho Clerk OF
the Board and inquired II any notice had been taken
oil the resolution OF Mr.. Whitney The clerk stated
that there had not and could not explain the cause
Finally Mr.. LOWS said that he aware OF any
Intention 10 bring the subject before the Board though
be could not help admitting that the inattcntion
whatever else II might be called OF the Corporation
Counsel could and did fail attract notice
but to what he thought OF Mr. Whitney's capacity
and high sense Of honor he could speak In avor
able terms strongly Nevertheless there was room
for explanation considering all the circumstances and
Mr.. Lewis was OF opinion that Of satisfactory
character would be given
The Board of Aldermen meets next Thursday, when
no doubt II nothing heard from Mr. whitney reso-
luil0n touching the subject will be introduced Ono
fact, however, rcmains-had response been given
the resolution two months ago the public would have
been most likely benefited. IL is now too late