New-York tribune., 1910-06-30
HOLDS UP COHEN AWARD
Mayor Wants to Know What Are
His Rights in Matter.
WARRANT CLERKS TiMIDITY
Saw He Had Learned a Lesson
from the Cohalan Case, and
Wanted To Be Advised.

Mayor Gaynor held up yesterday the
Controllers warrant for $4,000 in favor OF
ex-Justice William n. Cohen in payment
of Mr. Cohen's services as special couil-
sci in the franchise tax cases Of the Con-
solidated Gas and other lighting conlpaiiie'
The Mayor decided TO wait for an opinion
from the Corporation Counsel as 10 MS
right to interfere in such cases
The fee, which was determined upon as
being fair by Controller Prendergast after
consideration and consultation with advis-
ers, was announced by him last week. 1t
was based on the sso5,ooO which was added
to the amount paid by the companies
through the efforts of Mr.. Cohen and was
placed at 3S4 per cent of that amount.
The MAYORS attention was called to the
warrant by James T. Curtin. the warrant
clerk. who countersigned the famous CO.
halan warrant for $4,000. He is reported
to have said:
.Mr. Mayor, here is another warrant
from the Controller to pay another lawyer
sa5 coo In the same suits that the Cohalan
warrant was for, and considering all that
has been said about the Cohalan warrant.
] don't want to sign tnls ne" wal hle
without your direction"
Curtin that he had nothing to do with the
amount or the merits of the claim, that
the auditing Of claims belonged exclusively
to the Controller and that the Controller s
audit bound all other officials and that he,
Curtin had only the formal part of coun-
tersisning the warrant, provided 1t was
made out in due form.
Then, according to the report, the con-
versatio Droceeded as follows:
Yes, Your honor" said Curtin, that
may be true, but you know what was said
about my signing the Cohalan warrant, and
/ hope you will tell me what to do with
this one. l want also to point out to your
honor that this present bill is for a much
larger amount, proportionately. than the
Cohalan bill was. The Cohalan bill was
for $50 days at s73.S day, while this bill
is for 239 days at s146.44 per day
rs that so?'' said the Mayor We'll,
will take 1t and look at it, and probably
the best way will be for me to get the
advice of the Corporation Counsel about
this matter that it may be settled once
for all in the minds of everybody whether
you or the Mayor in any way liable fol
the audit and payment of these bills
''The report accompanying the claim
! speaks for itself" said the Controller last
night, 'tand shows what service was per
! formed. The results of Judge Cohen s
work are shown, and 1 consider the re
muneration reasonable. 1t is in the re-
I suits obtained that the services of Judge
Cohen differ essentially from those of Mr
| Cohalan. Judge Cohens cases brought
! about a difference in favor of the city OF
/ approximately $500 900. and in view of this
! / think 1t will be agreed that his fee is
none too large.
You will observe, too. that the method
! OF procedure in fixing the fee has beer
very different in this case from that in the
! Cohalan affair. AS soon ! had decided
upon the amount to be paid Judge Cohen
| even before II was sent on TO the auditor
made q public announcement In the press
of the amount I considered fair, and gave
ample opportunity to the public 20 make
whatever criticism might lie in the matter
l have heard no such criticism as vet and
anybody who wants to know all about the
case can come to The Controllers depart
ment, where the papers are accessible
to all.
Il am glad to learn that Mr.. Curtin has
become so careful about countersigning
warrants. and only regret that he did not
exercise such care on some previous occa-
siors."
Attached to the Cohen warrant is a re
port made by James J. Deegan TO Albert
Z. Hadlock, chief of the division OF law
ami adjustment of the Finance Depart-
ment, from which Mr. Curtin got his fig
ures. 1t was simply statistical com
parison of time alleged to have been spen:
! by Mr.. Cohalan and Mi Cohen on IL eli
respective cases.
Ii was pointed ont last night however
that the claim of Mr.. Cohen was settled
on the basis OF actual cash returns to the
CITY as d result of mis- services The
Cohalan payment was figured on an en-
! tirely different basis. Indeed. II had to be
because Mr. Eohalan's report was in favor
OF cutting OFF some of the assessed fran
! chlst taxes against the street railway com
panes, i'll which cases he did most or hi
work. u iii
Mr. Cohen is in Europe