New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-02-17
THE CONTROLLER HOPEFUL
THINKS LEGISLATORS FAVORABLE TO
THE BILL HE ADVOCATED
POSSIBILITY OF TAKING FROM CORPORA
TON COUNSEL POWER TO CONFESS
JUDGMENT AGAINST THE CITY.

Controller Coler returned the city from Alba ny
yesterday, and said he thought the members of the
legislature were disposed to take favorable view
OF the bill which he had advocated. 20 take from
the Corporation Counsel the power to confess iudg-
ments against the city without the consent of the
Controller Mayor. Mr.. Coler said that his argu-
rrents for such bill had been wei expressed in
an opinion written by Justice Mclaughlin and
concurred in by Justice Patterson in the case of
oBrien. the aqueduct contractor. against the city
The opinion quoted from a previous opinion by
Justice Ingraham partly follows:
It would be almost impossible to form correct
ished that any head Of department te had the
70 3pose e If cr% Igb: Of the Common
either directly or indirectly; and if the head of
the Law Department can, at his pleasure. make
the corporation a party TO suits and when a large
recovery is had against the city stipuate that
redress he would possess an absolute control over
by the Common Council
IN the conclusion of his opinion Justice Nc
Laughlin wrote:
The property of the city cannot be used TO pre-
vent hostile leeislation or to purchase peace by
no legal existence l cannot conceive of more
dangerous precedent TO the city than this if the
other be affirmed. practically puts the DISPOSE
uon OF the property OF the city in the hands of the
Corporation Counsel
IN reply the statement issued on Thursday by
Corporation Counsel WhaIen, the Controller said
yesterday:
The refusal Of the Corporation Counsel to advise
the Department of Finance regard to claims
which have been transmitted to him for action is
something which should not be COMPOUNDED with
the offers OF judgment which have been made
claims for the prevailing of wages and for
other purposes. The Law Department is on record
; having refused the Controller information of a
perfectly proper character in regard to the city
claims against railway corporations and others
and without which information the Department Of
Finance cannot properly perform its duties. In
regard TO the :nnumerabe offers of judgments
made, on claims for the prevailing of wages
II Is useless TO cite the decision of the Court of
final only IN regard to the particular facts
case The decision made by the pre-
FallnS rate OF wages for carpenters has bearing
upon what the prevailing rate may be for painters
TIE facts IN regard to each trade different
and ] am at a loss to understand how the Cor
nent onhand in regard TO all the trades represent
ed IN the city employ without trial, which would
bring out the necessary facts. 1t would be inter-
esting 10 know how and from what quarters the
necessary to enable him to determine what are
the prevailing rates of wages in ali the different
localities OF the city. and for ali the repre-
scented on the city's payrolls.
The Controller added that the laborers were not
Teaping the benefits from the extra money paid
out; that the bulk OF it TO assignes and law
yers, and that the money would have to come out
OF the tax budget for 1901.
Nearly one hundred additional claims for back
salary by city employees under the prevailing rate
OF wages clause, filed at the Controllers
once yesterday The City Record published a list
OF nVe hundred such claims, ranging from 81 TO
$500 in amount. James Z. Smith the Tam
many Assemblyman from the XVIII District is the
attorney Tor ninety-four claimants.