New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-06-19

WON'T PAY JUDGMENT AUTHORIZED
BY THE CITY'S LEGAL ADVISER.
TIE CORPORATION COUNSEL TAKES THE GROUND
THAT HIS OPINIONS BIND CITY oBFI-
GALS TIE CONTROLLER DOES
NOT THINK 50.


Controller Coler has come out IN open de-
hance Of Corporation Counsel Whalcp and the
Tammany administration in a case where judg-
ment against the city was confessed BY the Cor
poration Counsel without consultation with the
Finance Department. There have been reports
Of friction between Mr.. Coer and other members
CT the present administration for some time but
this is the first time that the Controller has
asserted his Independence openly
The trouble is over a suit BROUGHT by the
Westchester Water Company for mono VS. alleged
to he due to the compeny from the city for sup
plying water to Harris Island The water com
pany has a contract by which II IS to supply
500 coo gallons daily 10 the island at stipulated
rate. The company brought suit TO recover
money said to he due It for water supplied in
excess Of 100000 gallons. The amount sued for
was about 5000. and the Corporation Counsel
confessed judgment TO the amount q 81 900.
This was done without conference with the Con
troller. who. when he asked to turn over
the money from the judgment fund Of the city.
refused to do so. The contention OF the CON
troer was that the company had failed on ccr-
tain occasions 10 supply the 10000 gallons
a day. and that the water short these days
should be deducted from the excess. which
would leave amount % only $500 ming due
TO the company He declared that tie Corpora
ton Counsel. as the legal representative II the
city should have conferred with the Finance
Department before contrasting judgment.
As the Corporation Counsel stands IN the same
relation to the Finance Department as any
private counsel would to n client. the conten ton
OF the Controller would seem TO be q valid one.
The Corporation Counsel however. .akcs IN,
stand that as legal officer - the city he can CON
fess judgment without consulting anybody and
that when an official places a case IN his hands
his judgment must BE- carried out The Corpora
/ tion Counsel holds that his opinions bind city
officials In their actions On any subject and
that they have no right to dissent from them.
An application for peremptory writ u man
damus to compel the Controller 10 pay was
made in the Supreme Court Friday and the
argument was postponed until next Tuesday
Justice DAILY In the supreme Court yesterday
granted an order on the application Of IRVING T.
Bush. directing the Controller. the city and the
Westchester Water Works Company 70 show
cause why the Controller should not be
strained from paying judgment Of $1,000. Mr..
Bush the plaintiff in the case. is the president
Of a warehouse company in South Brooklyn and
brings the suit as a taxpayer. While he figures
as the plaintiff. however. the case Is really a
fight between the Corporation Counsel and tn
Controller. Mr. Bush brings the suit with the
consent If the Controller.
According to Frederick II. Kellogg. Of th-
law firm Of Kellogg. Dill & Seymour he tudG-
ment was entered against the city with the CON
sent Of the Cooperation Counsel. The consent Of
the Controller not given. however Mr..
Kellogg said yesterday that the Corporation
Counsel had no right to allow the Judgment TO
be entered without Mr.. Coicr's consent.
Mr. Coer yesterday made the following state
ment:
"The Injunction suit by Mr.. Bush was brought
with my knowledge and consent believe 1t is
right and In the interest Of the city and want
10 see II won feel that ! am rsht In the
stand am taking and am going 10 nght the
matter TO a finish The point In this matter IL
that ~ ANYBODY comes TO me with claims ana |
refuse 70 pay them. and he can, by going 70 the
CORPORATION Counsel. obtain the money. W"
might as well turn the whole city government
over TO the Cooperation COunscrs Office.