New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-07-06
STEPS TO A SETTLEMENT.
GENERAL DUANE AND THE MAYOR AGREE
THE ELIGIBILITY OF THE AoUEDUCr COMMITS
sroNER TO DE TESTED Ic COURT

THE ELIGIBILITY OF THE AoUEDUCr COMMITS
sroNER TO BE TESTED 1N COURT.
Mayor Grant received proposition from General
Duane Yesterday for the settlement of the question OF
the Generals eligibility Aqueduct Commissioner.
Tho Mayor accepted IL and II tho Attorney General
accedes TO the plan tho case viii be made up without
delay for the adjudication Of tho courts In his letter
TO the Mayor General Duane alludes to the opinion
Of the Counsel to the Corporation, and to the Mayors
refusal 10 approve tho June warrant for tho Commits
sioncrs salaries for tho Tat he does not be-
lIeve that General Duane IS entitled 10 act An
Aqueduct Commissioner. General Duane adds:
The ground which the Counsel tho Corporation assigns
in support OF his opinion was prior to my appointment
submitted by predecessor the then Counsel TO the
Corporation Henry Il. Beekman, and he came TO
the conclusion permanently retired officer OF the
u S. Army not disqualified Tor that reason from
holding my present Office Since tne expression Oh the
opinop above referred by the present CouneI 10 The
Corporation have sought the advice of other members OF
the legal profession whom have entire confidence and
am assured by them that my title to the onco Is not
open to serious doubt
Thus advised must Of course, continue to discharge It's
duties hut II your convictions OF duty call upon you TO
deny or ignore my title question is raised which noun DO
brought final decision at the earliest momeh' h@'o
no desire hold any office for which am unoer any esn
dsquacaons and therefore addressed ana sent 70
tho letter. OF which herewith transmit
a copy to you.
In his letter to the Attorney General General puaho
says
The precise point upon which this opinion lol e,e
Corporation COUNSEL Is based Is, as uhoers'ano ~
that L, having been officer IN the Army OF 'he Oi'
States and having been retired from active service
pursuant to the provision OF Chapter Title XIV, OF he
Revised Statutes of the United States now hon
Office within meaning OF Section OF Chapter oo4 Vi jus
Laws of 1888 which provide that the Aqueduce JONI
missoners other than the Mayor, Controller ana Com
missioner OF Public Works. shall hold no other feuera
State or Municipal office except that OF Notary fuoc Oh
Commissioner Of Deeds.
am OF course extremely DESTROYS that any question
Thus rallied should be speedily authorativey settled
and am advised that this best be done through an
action brought by you the name OF the People OF the
State.
The purpose OF this letter is suggest to you II you
deem with your duty, that such an ACTON oe
brought at the earliest convenient moment
The facts few and undsputed and L
shall happy cooperate with you In seeking SPECIFY
adjudication by agreeing upon statement OF iacts ana
submitting question the first General Term OF the
Supreme Court shall be held in any department. N
which you determine to bring the action.
Mayor Grant replied to General Duanes letter yes
teray, and assened to the proposition. closing as lo
lows
am pIeased IN see that YOU have concluded follow
course calculated avoid confusion in the public ser
vice. in view Of your readiness to adopt what Dee'e
the proper the most expeditions way Oh sowing
legal questions presented In your case reel lustneu
in retaining appointing Aqueduct Commissioner
until necessity such appointment shall have been
made apparent by the decision of the court
Mayor Grant said that he regarded the matter In
a decidedly different light than that In which D.
LOwber Smith appeared IN the controversy for the
Commlssionership of Public Works after the appoint,
ment of Mr. Glroy. The manner in which General
Duane had proposed TO test his title was the only
one probably, I'm which the could be fully tried
Besides, long as there was any doubt as 10 me
nellgibility the General was entitled to the dement,
OF that doubt For his part the Mayor sald he was
glad that the matter was to be decided IN way
that would leave point concerning 1t unsettled