New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1876-09-26
LOCAL MISCELLANY.
wnL1AM a. FowLERs REPLY.

WILLIAM A. EOWLEkS REFILL
A GENERAL DENIAL OF THE CHARGES UPON WHICH
MAYOR SCHROEDER SUSPENDED HIM FROM OF
FICE.
William A. Fowler, the suspended Commls-
soner Of City Works in Brooklyn yesterday presenter
70 the Board OF Aldermen, through his counsel Roger n
Prvur his answer to the charges preferred against him
nv Mtvor Schroeder and upon which he was suspended
He denies all the charges and specifications OF mseon-
duct alleged against him, and claims that tue act OF the
Common Council requiring the completion OF the facing
OF the Hampstead reservoir dam, and the construction Oh
catebouses at cost not to exceed $4,000 was Illegal
as the Common Council did not make provision to pay
for the work under act ofIay g. 1875which appro
priaed 600 for the completion Of the reservoir
and the only other money accessible for the payment OF
tho expense to he incurred under the resolution was
the Water Revenue fund, which could be used only 10
maintain, preserve, repair the water WORKS OF Tue
city. and not to create a structure. The answer
then says;
II was part OF the original plan for the construction OF
tue reservoir that the dam should be faced Win sIoe
TO face me d9m Wild S.GnJ and nor In maintenance or
repair of finished but depidated structure 10 e ES
gaehouses i9t the reservoir "nen no "consiTcton
been erected would nc an ~ ~ ~ eSsst atI,s a.
not of preservation SO that save by the gOes aouso
Of terms and the fragrant disregard OF the lelsla
tive intent not dollar of the Water Revenue Fund was
available for execution Of the work drected 10y % So
resolution of the Common Council he would have done
an act lssal in tw0old sense; FIRST az authoIZig an
charge it; and secondly msapproprating fana set
apart by law FOR payment of principal ana interest," OF Tue
water bonds.
Iis also charged that the resolution Of the Common
Council was Illegal as tue law authorizing tho censtruc
ton Of the reservoir provided that the whole expense
thereof should not exceed 81 100000" and 1t was con
eded fact that that amount had already been expended
upon it, As the work directed by the Common Council
was in prosecution of the original plan TO expend any
thing in execution OF that work. in other words in per-
fornapce of the act required of Commissioner would
be 10 violate plain and peremptory prohibition of law
The answer continues:
To attacn Guilt ana punishment 70 the Commissioner
for refusing to carry the resolution OF the Common
Coune and TO deny him the right 70 consider ana Ie-
eide whether In carrying out tat IesoiGn 10 oiTTt
not expose himself 10 the penaiJies deuouuoeu dEdsV
anthurizug an expenditure for which there was no APP
propra0n would be Of the very essence OF injustice ana
oppression
The charge Of false swearing is pronounced absolutely
untrue Mr. Fowler's counsel states that Kingsley &
Keeney are in possession of the Reservoir and adj
uitted 10 be SO by the Common Council on April TO- lie
claims that there was deficit instead of balance in
the Water Revenue Fund applicable to work required by
the Common Council. The order in the maudamus given
by Judge Barnard requiring the Board OF City Works TO
obey the Common Council not entered unt month
stertho maudamus granted and until after the sus
pension by the Mayor other charges that the commits
sioner co6perated with Kingsley Keeney, aud used his
Office for their benefit, also specifically and abso-
lately denied.
Alderman Burnet offered resolution that committee
Of three appointed with power to require Mr. Fowler
10 appear before them before the next meeting OF the
board aud agree upon the issues to he tried The reso-
to1 amended 10 provide that the committee should re-
mort on Oct g. was adopted The committee was com
posed Of Aldermen Burnett ATnott, and Guthrie