New-York tribune., 1909-09-15
CAN GO OVER COURTS
ESTIMATE BOARDS POWER
Corporation Counsel Holds Equitable
Claims Lac Is Vdhd.

! After more than two years the Corporation CoUn-
sells Office has sen. opinion to the Mayor an
nouncing that Chapter col, of the Laws of 1907
one of the most radical and farreachng of the
laws recently placed the statute books. is con-
stitutionaL Ever since the law was signed by the
Governor. July Il. 1907, to take effect immedi-
ately the city officials have been anxiously await
ing the stand the Corporation Counsel should take
regarding it.
The law says in effect, that person who has a
claim against the city which he cannot enforce in
a court of law may present an equitable claim
I through the Controller to the Board of Estimate
and Apportionment and that the board may allow
the claim against the city.
AS the law was passed a number of con-
tractors who had failed to collect their claims
against the city in the courts. Immediately filed
equitable claims Numbers of other claims of all
sorts have been filed since then. All have been
held up. awaiting the decision of the Corporation
Counsel. who had instructed the Controller not TO
certify any OF the claims until his decision
reached.
The greatest danger in the law. it is pointed out
is that II creates court of last resort There
be appeal from the action Of the Board of
Estimate and Apportonment in passing upon an
equitable claim, according to the Corporation Coun-
sells office This leaves the city open to great
danger. Political favortes it is urged. may take
advantage of the law and force unjust claims upon
the city, provided that a majority of the members
of the board favorable TO them.
r. P. Chittenden, Assistant Corporation Counsel
wrote the opinion that has been forwarded TO the
Mayor approved by F. K. Pendeton, Corporation
Counsel. While admitting the consttutionality OF
the act, he makes significant reservation. No
claim that is void be enforced through the
equitable powers conferred the Board of Esti-
and Apportionment. His opinion pre-
pared IN response TO letter from the Mayor trans
mitting a communication from Henry Bruere di-
rector of the Bureau Of Municipal Research, attack
ing the constitutionality of the law. The opinion
follows:
ba 10 ba
authorizing payment in the manner provided there
oy ot any illegal or Invalid clain II would be En-
ure by constituting its terms in much narrower
statute the extent to which the Controller and the
Board of Estimate and ApportIonment can go is
the city has received values which are fair and
technical OBJECTION are Illegal Gases often aris
for instance. In which a contractor. under mis-
to recover perfectly honest debt Beyond this
ana the Board of Estimate p E nF and @ be
which in its efforts and substance is an illegal
claim.
II The const!utionality Of this act is questioned on
the ground that It is repuenant to Article Second
lo OF the Constitution. which provides: NO coun-
money oI property, or loan It's money or credit, to
or In aid OF any individual. association or cor
poration Of claim which although II could not be
enforced by the court. is founded in justice sup
ported by a moral obligation and could have been
thoTity have been regular:
The act in question authorizes the Controller 10
certify 10 the Board of Estimate and Apporton-
ment an Illegal or invalid claim against the city.
the statute does not give the Controller power 10
certify a void claim. and I'm tho of n voi3
claim II Is immateral whether the city has received
the benefit -therefTom not for n IS Justly
and equtably obliged to pay such claim. and the
interest OF the city would not be suhserVed by the
payment compromise thereof Such a ConSfruc-
ton necessarily excludes from the consideration of
claims or claims arising from the violation OF ey-
press prohibitions OF the charter where the official
had no power to act II not the intention of
the Legisature that this statute be construed
10 nulify and set aside the charter limitations
on the powers Of public officers bind the city
for work and labor in violation thereof. and where
the claim presented under this act arises out of a
contract which is not void simply ultra wires
but a forbidden act the statute does not apply