New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-08-14
MIR. CLARK WITHDRAWS.
up IS NOW OUT OF THE DUANE CASE.
roMn 1IvrLr ooRREspoNDENCE-A rARr IEr.
TER TO WILLIAM A. PosTE.


TER To WILLIAM A. POsTE.
After a @breczyg correspondence with Deputy At
,o,r,ev.ceneral william A. Postc Corporation Counsel
william H. Clark has Withdrawn from the Duane case
The suit which IS the basis Of tho correspondence IS
IN fhe nature Of & quo waranto proceeding agreed
anon between the Attorney Generals Office and tho
eounse for General Duane, for tho purpose OF testing
the eligibility Of the latter TO the Office OF Aqueduct
commissioner. Corporation Counsel Clark advised
Mayor Grant that General Duane was ineligible on
the ground that no retired officer of the unted
states Army. Mr. Clark, as the law officer of the
CITY was also a party to the arrangement Tor settlihS
the case but il seems that the terms as hastily de-
sided upon by Assistant Attorney General Postc, who
represented Attorney General Tabor in the uarsac-
ton. are far from satisfactory to Mr. Clark
Several acrimonious letters passed between Mr.
Clark and Mr. poste carly this month, In WHICH
language was used by both which showed that the re-
nations between these aspiring young Democrats had
b.come severely strained. On August Mr. Clark
ignored Mr. Postc altogether, and wrote Directly 10
his superior officer, Attorney General TABOR hesuu-
fng the proposed prepared by Mt Posic' Nlf-
Clark told Mr. Tabor that he had found that iIliy
onehalf was made up OF matter most advantageous 10
General Duane preudical to the case OF the peope'
and entirely Irrelevant and mmaterial to tie CON
froveIsy.' lie had explained his objections, ne sa''
both to Mr. Poste and to E. wnsow Paige, one OF
General Duanc's counsel, and they had promised 10
meet Mr.. Clark ard consider the case Win hni'
Notwithstanding this, Mr. POsc had teiegraphed Mr-
Clark that he Poste had reached an agreement win
Mr. Paige in Mr.. Clalk's absence and had signed mo
submission on the part of the people, at the same Time
characterzng Mr.. Clarks objections as immatcual
Mr. Clark closes his letter to the Acknowledgement by
asking him TO designate him. the Corporation Counsel,
% conduct the case on behalf of the people.
Mr. Poste answered tits letter Also in two sections,
dated August and 8, giving Mir. Clark to understand
that the Attorney General being away on his vacation
Mr.. Poste IN charge, and that the affair had been
settled regardless Of Mr. Clarls wishes. One Of the
lstters objections was the change of venue 70 Albany
and another was the leaving ont Of the case the sec
ton Of the Revised statutes Of the Army, which de-
clares that retired officer may be assigned to duty
bv order OF tho seer tary Of War at the Soldiers Home
This especially the Corporation Counsel regarded as
vital point in the case In his letter, which was writ
ten yesterday Withdrawing from the case, Mr. Clark
says:
In vorr letter Of August you make the following
statements. namely. that You had been endeaFoAhs
Tor upward o. month Tast to secure from ne a
Statement of what was desired in The Duane matter;
t5at Won ia wlitteu three letters and had Wai~I
some Ton DAYS before Nouc. ~aicd an ah~N t.' '."t
you called al my Office three times in IcGi,u 10 one
unalle 10 me: thai two OF your Fi1is W'It o3 "P
ponimcut made hy me- neither of when KEN,
rol,iing my position beg 10 say TO yOu thai now
iircouvcralK contradict ard challenge the truth OF
stand that it was agreed by all hands th@ the SUD-
mission should be fled i'm tic county o. Albany: j
do not know what YOU mean hy " all bands buJ 90
know thar YOU ncyar received any information from
This Office that would warrant you IN coming 70 any
such under-i auGnc. J could not consent 70 IL De
cause there IS 10 precedent for it, You Say that you
were instructed TO see that matter of fact thai was
deemed lrr.ciiaI by either STA, should no oA."el'
Tie moss vital matter Of fact 10 the people was en-
trcly omitted
Mr. ps'- reply to this incrimnatine challenge
nom lis low Democrat VIII le looked for with in
ic.cst.