The morning journal-courier., 1908-07-10
CLAIM UNSETTLED
Lynch Strenuously Opposes City Reimbursing Policeman
 Landy.
AN OLD CASE REVIEWED
Board of Finance Asked to Pay Pa trolman's Court Ex-
 penses.

The session of tho board of finance yesterday took on the nature of a court The case at bar was that of the payment of Officer Lnndy of the police department, who asks that the city reimburse him for his expenses in fighting case brought against him for damages by man by the name of Lynch. It had been agreed by the board that the parties in the case should be notified so that the muter could come up yesterday after noon. Attorney Goodhart and MT. Stoddard. hls partner. were on hand to represent Landy, while Mir Lynch appeared to oppose the payment by the city and tho corporation counsel was on hand to guide the city body
 The bill which Landy asks the city to pay consists mainly of attorneys fees and costs of tho action together with damages of s25 and cost of s53 which were awarded by the jury in the case. The total Is sS44.49. At torney Goodhart spoke first for the payment by the city He represented that Landy had acted in obedience to orders by his superior and that for the good of the service the bill should be paid by the city in support of an officer who had simply carried out the instructions of his superior. He said that the bill had been approved by tho board of police commissioners and In his opinion should be paid by the city.
 Mir. Lynch replied In direct opposl- tion to the payment He declared that the suit he had brought against Landy had been personal suit and mot one against the city; that 1t was a brutal case of assault, and nothing else. and he said he could see no req son why the city should pay for Landy's attorney than for his own. and he had had to pay them. The city, he declared, was not paying men to waylay others on the streets. He also tried to show that Landy was not acting under instructions from O su- perior officer In the acts that had caused the suit.
 Lynch further said that on account of dilatory tactics which had been carried out in connection with bring ang the case before the police com anittee on efficiency he had never ap- peared before that body so that the case had never been thoroughly tried out there. He took umbrage at a re- mark by Attorney Goodhart in regard to the damages being placed so low as Indicating the jury did not think he had been wronged much and he as- serted that there had been ten men on the jury who wanted to give him $500, whereat Attorney Goodhart re- piled that he had heard that there were eleven on the jury who did not wish to give him anything.
 The matter was brought back to earth again by Alderman Miller who defined the issue as one in which the only question was whether the man had acted in obedience to orders and if so, whether under the circum- stances 1t was public policy for the city to pay the bill This was agreed to on all hands and the board signi- fled that 1t would attempt to deter mine the facts along this line.
 OpTHDIullDll iUuflStI hpktiS ItdAl the opinion which former Corpora tion Counsel Daggett had handed in on the question, for 1t is one which has been hanging fire since 1906, The opinion held that the city was not lia- ble at all for the claim, but that l. might be a matter of public policy to pay the claim If the facts were found to be that he had acted In obedience to orders of superior In that case he said the board might properly in. quire into the facts and pay the bill If 1t thought proper to do so In this expression of opinion Corporation Counsel Rogers concurred.
 After hearing this the board decid. ed to lay the matter over for consid. eration later when the facts in the ease can be ascertalned.
 Formal authorization of the 5,00( bridge bonds which the board of al dermen have passed was made yes terday afternoon. Bids were author lzed and 1t is now up to the controller to call for them when he Is ready tc Issue these bonds. They will go alonl eith the other bonds which are being
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