New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-08-15
DIANE CASE TO BE REHEARD.
DEPUTY ATTORNEY-GENERALP OSTE REPLY
ING TO MR. CLARK.
He THINKS THE CORPORATION COUNSEL
UNDULY SENSITIVE AND HASTY AND
DEFENDS HIS OWN COURSE.

Albany. Aug. 1A-Depuy Attorney G General POste
TODAY in speaking Of the complication in the Duane
matter said he thought that Corporation Counsel
Clark had unnecessarily sensitive and hasy III
the matter; that as he understood the position Of
the Corporation Counsel the principal ground OF
complaint as TO the manner in which the case had
been settled was that there had been omitted there
from a statement that General Duane assignabe
10 du.y at the Soldiers Home under Section 1853
United States Revised Statutes upon selection by the
commissioners OF that institution and approval by the
secretary OF War. THIS construction Of the section
was disputed by General Duane's counsel. 1t was
merely a statement Of the law, and in no sense
an allegation of fact and, therefore, did not properly
belong in agreed cases
Mr. Poste said that the papers in the matter were
sent TO him by the Attorney General while the former
was in NewYork engaged in the trial Of the Kemmer
matter. in July that he, Mr.. Pose, tried repeatedly
~ secure a meeting with Mr.. Clark for the purpose
of preparing case; that he failed to find MI clark
in his Office at various times, Notwithstanding That
twice at least appointments had been made ior Snch
meetings: and that finally an arrangement was MADE
hetween Mr. Paige General Duane 5 counsel, ana MI
Clark 10 meet at the Attorney Generals ONCE
an August 8 and there settle the with Mr. Pos'e.
Mr. clark telegraphed Mr.. PoSte on August ) that
he could not be present on account OF sickness but
ne did not send word Paige. The latter, therefore,
was present at the time appointed and Insisted tha
tb case be settled, In order that IL might DC pcl
and argued al the september General Term, that,
n noSsDle # might be disposed OF by that court in
tipe IN be nut on the calendar of the Court Of
Appeals. H. ,,,,.,,.. so,,,,ai.. ocoo ,as
always been 10 lay the venue of important pubic
artl0ns I'm Albany County, unless both parties desire
Tet some other county be named the place Of Trial
In view of all the facts, and especially the A'or
nov General was not only the attorney OF record but
ao The leading counsel for the people IN he prose
rution Of the action against General Duane, MI P0>ie
thought IL entirely proper 10 proceed Win me
settlement Of fhc case with Ny. Pa-c
| Notwithstanding Mr. Clarks absence. and has not
Changed his mind a. 20 The prOpnety OF his action
Notice was given Mr.. Clark that the case had beeu
settled and hcrupon. before seeing The case aS SGT
.led. he sent telegram 10 MI. POstc' attack
| ING his motives in the matter and ap-
pealling from his action 10 The ATTORNEY General
MIR Poste thereupon sent the Attorney General fun
statement of what had taken place I'm the matter,
and thereafter MIR. Paige at the suggestion OF Mr..
Poste tecgraphed the AuOreyG neral that n was
willing that the be settled, and asiNns the lat
! Ter TO name a date for rr-sctt.fmcnt
| The Attorney General today answered that he
would Ieheal the case on Monday neNi, ana Mr..
| poste sent notice To MI Clark By telegram OF The
appointment. Mr.. Poste further saws thai the At
tOrney General will undoubtedly proceed with tie
action against General Duane, notwithstanding the
Withdrawal OF Mr. Clark, unless the proper municipal
| authorities In New-Nork City should express a de.
| found impossible 10 agree upon case for submis-
sion TO the General Term. an action Will undoubtedly
be brought against General Duane In the regular
manner. by summons and conn liant. Such action.
II brought, VIII be pressed by the Attorney General
| to trial al the earliest possible day.