New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-04-02
MIR. MYERSS BAD BARGAIN.
THE CORPORATION COUNSEL SCORES HIM.
THE CONTROLLER SAYS THE LAW DEPARThENr
is INCOMPETENT.


THE CONTROLLER SAYS THE LAW DEPARTMENr
is INCOMPETENT
CORPORATION Counsel Clark made some Interesting
additions Yesterday the history Of the Con'rohe
contract with ex-Congressman "Jackn Adams ior uno
collection of the city's war claim OF S2,@92'ioo .
against the United States Government. In anS"er
to the criticism that he was at FAULT because Oh o
delay In the collection Of the claim Mr. CLARK siu
This scheme for the employment OF eglslatIVe
agent blossOmed In the spring OF leyO IL Is sAd ae
IL was rolled Into shape by legislative Wgerp e ~
temporarily out Of job The resolution OF the Boalu
Of Aldermen which purported TO give the Controller
authority TO arrange for the COLLECTION OF Inc g1's"''
received from him letter ASKING advice as to ms
powers under this resolution answered nun o NY
the power To have or employ any agent or counsel ~,
that II was the duty Of the Law Department 70 iur'S
whatever legal assistance might be necessary
On June ., the true character OF the scheme DC
vel0ped. l received a communication from the Con
roer IN which he suggested that Judge A. and "a
attempted collection OF the claim when first agitated
be employed at fee entirely contingent upon MS rs S ns
cent, in other words. about $500 900.
answered by advising the GSntr0 s tat IN IN Ss
peoples representatives in Congress TO procure for II
the return Of the amount due, and that 1t would DO
positively improper and probably Illegal for cry
officer TO make any contract with any person as agent
whereby contingent fee should be PAID MIN Tor &C
compshng the purpose you indicate in your letter"
ii will be noted that the Controller in his letter
to The Mayor saws that he conferred with me about this
matter but he carecssly omit; to state the advice
particularly "Judge" Campbell had been elected 10
Congress to represent the people Of TINS city ana
was his duty TO his best efforts 10 Collect thls
claim. 80. , , -
About the first Of February. 1901 however Ire, re-
ceived another letter from the Controller III Whcn
he suggested that the Hon John j. ADAMS DC emPioyea
to collect the amount due~ and that he be paid Il
Per cent Of such sum as he % to have my
acQuiescence in securing Mr.. Adams's services .,,.
met the Controller shortly after the receipt o. ms
letter and told him that had not changed my mind
and that such contract as he propoSeu was uecueuS
improper. $3.50 ,,.,,, ,,, .,o
Controller Intended to make this contract, whether
he obtained my acqulcscence or not .,. 3. $500
In order 10 protect the city treasury leIC ~ my
duty TO prepare resolution repeating the resolution
under which the Controller was acting, before Ie COZ
tract which IL was contemplated TO make couid De eX
ecuted Snch a resolution was prepared aud passed
by the Board of Aldermen on MaTch "a ana oeiieVo
approved by the Mayor on that day. .
shortly after the receipt of the letter from the
Controller 10 the Mayor under date OF Muiuh 20
in which the former gentleman say; that he had
already made contract to give Mr.. Adams per cent
OF the amount collected, had occasion to go go inc
Finance DEPARTMENT asked the Soatro Gp no SnI% c
denurTed AT first but when insisted, he adnltteu that
there no written contract What woua pc thUnE.
making verbal contract with an agent whose dc
mands upon his corporation might be anywhere from
100000 to S172. 900, with no existing record or tho
duties of the agent and with no period nXed lop me
termination Of the contract? MY comnunicatlghs 10
the Finance Department fully represent my position
in this matter and to this record adhere strictly.
In reply to Corporation Counsel Clarks statement
Controller Myers said:
What Mr. Clark has to say is very high-soundng and
vrluous but the fact Of the whole thing Is Just lS
These men have a grudge against Adams. Mr.. Clark
said that he would acqulesce n would approve any-
hody excent Adams At one time he tried To force the
late subway Commissioner Daniel L. Gibbons on me,
and wouldn't have it, Mr.. Clark ought to know that
he has approved the claim Of Burton ~ Harrison 1Or
10 per cent for recovering taxes pnd 70 the state
Mr. Adams is to got IL per cent on So9o,OOO; II
he collects the whole amount he Will get about per
cent II had appointed anybody but ADAMS II
would have been all right. The statement that Con,
qessnen ought 10 do the work is all very pretty, but
have been compelled go outside Of Law Depart
ment 10 get proper legal advice.