New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-06-24

ASSISTANT CORPORATION COUNSEL H'-N'>
Ills CHEF. AssAns TIE CONTROLLERS
MOTIVES DECISION RESERVED
nh. dood,ocl, between CORPORATION Counsel ma
len and Controller CCler on the que ,rb,
whether or not the Corporation CouNse' Ia" O.,
20 cou,promisc and settle claims Ag""s' 80
~,.hou, tho consent OF the Controller got ~ ''''
Special Term. Part l. 81 the 3uprein' O0-', ,,.a
te-eay. when Justice DAILY sent 10 Ju'''I c.,,t,
to- d, hearing The application made pY i"'i-'.'
I,an as assignee OF the New-foTK an" -" -,
ter Water Company. for mahud""s a,,,i.,
,be Controller to pay the sum OF S'VVO' s,
r. cor-,oraiion Counsel had confessed JUN "i'
h, same course pursued WIN INC 1oo
irving T Bush. q taxpayer. TOT inc 1T.
ILL., trial Of the temporary injunction 'es'i
t. ,hc Controller from paying the aiiou'' - -
Judgment on the ground that tho chaT'e' 80 -
,.o,t,,ller the sole right 10 pass on a" H' ,,
-, co-oorouoise claims, and that the entry u 10
,nent was made without MS h"o"e
nroval and without notice 10 MIN s
-. 1T WAS originally for $500 for water lui-
,ished 10 Harris Island. but. IT was aeseu' VIC
the Controller refused TO pay the conleSSo 20
nent OF $1,000 tina; only $50 was rghuuiiy "o'
The plaintiffs application for a mandaHu7 10 0oi'
-, no Controller to pay the Judgment was headed
on nv Mr. Bushs success in securing d 'eiIpo
rarv Injunction to restrain the Controi'er i''''
paying It, A., Dh ar
OF
e.. Cornorstion Counsel no authority TO coInpro-
,,,.. claims against the city Justice Pryor sa'u
that . case had been recently decided ny 'he hp-
relIate Division II the Supreme court sus''''i,''s
Mr. Kellogg's contention. and declaring tha' wy
officer could compromise the hu'e'p"'''
merely by virtue Of his Office -,
Mr. Kellogg continued TO argue 'ha' t'e '
win, 70 he considered whether or not tho en-
trv OF Judgment made without the consent VI ."o
Controller was illegal or legal as IL was Vo'i0 e"
that II had been made without consuI"hs Nun %
without the compromise being approved oy MIN
us did not desire 10 bring into the case the fe'-
Us OF the suit as that had nothing 10 DO with inc
,ssua II was possible that II the entry OF Juos-
ment were set aside Mr.. Bien might get )uosnie''
for AN even larger amount than mao oeel4 c0"
fessed by the Corporation Counsel MT heHoee
said that WHILE tho Controller had Information
which led him 10 believe that the claim was not
proper one he did not wish to bring that into the
case What he wanted decided was whether OF
mot such an entry OF Judgment was legal without
me oonsN' p 20 maj the CORPORATION Counsel has
no right suggest compromise IN case ne e,t "a
"Ie may" replied Mr.. Kellogg, but he has not
'A fnsfice PRYOR said that he inclined to hold
this opinion Il consider salu we ~. ~ sarne
fhe Corporation Counsel holds 70 the Guy NE same
relation that lawyer holds TO a private chenI i,
Assistant Corporation Counsel ftAuY aPp ,tnrs
~ -. sS tha ' Mr Bas suit was brought either in
irnorance of the law TO stir up strlc et
two departments that ought to he IN sEinp1tImS
Nth each other and also declared that The con-
troller had dragged taxpayer into the ca II, ~
order to satisfy his own AMBITION ne e'i i.,.r
Judgment he said had been agreed 10 ny " IaW
yrine in experience and was assailed upon co'JeO'
urc by laymen 1890. -, oo,,,rued chat
under such circumstances the attack Is as
genuous on the Controllers part as II i u""o''"'
OF consideration in this court , NJ pland,,
Were the Controllers contention gVou M ga ~,
ae"lsred the Controller would have been named %
~ cberter CORPORATION Colqsel as well az Con
tIoller He added that the case was nov o ~ fc,on
poration Counsel's seeking ana eN'ue"''N
between the two departments: ,,- r-o,,.d
Before the court adjourned Justice Pryor
Mr. Kellogg permission TO appear IN tne maj
Ganus nroceedngs as amicus curiae, and II wHs
agreed that counsel for both siaeS shGuo s"o'''''
briefs IN all the prOceedlngs neNl Mo"u'E