Year: 1871

To Hon. 4. Oakley Hall. Mayor:


DEAR SIR: regret that my absence
from the city, on Monday last prevented
my seeing you as you desired. l have
since then carefully examined the cases
opinions and memorandums submitted
by you, as affecting your future actiol
in the matter Of the office of Comptroller
of the city of New York. 1t seems tc
me that you should be governed in the
matter more by considerations Of expe'
dieLcy and sound policy than by those
merely OF strict legal rights or power
Even on the assumption that you pos
sess the power to remove person hold
ing that office or that vacancy
unquestionably exists, and that a new
appointment made by you be primarily
upheld by the Court, there is neverthe.
less in your informator an antagonistic
claimant, who would have the right to
appeal from the decision of a single
Judge against one who would no doubt
prosecute such appeal. The laws de-
lay is proverbial, and during the pro-
gress of the litigation at very critical
period Of the financial condition Of the
city, already complicated by one law
suit and injunction, there would be also
an indefinite suspension Of business in
the office Of Comptroller. Each is ad-
vised to defend his own claim and con-
test that of his rival From this state
OF things great confusion would inevta-
bly, ensue, and great damage to the city
treasury and to the public creditors,
who would be seriously and very
much dissatisfied at the delay which
would be sure to occur in the payment
of just and legitimate claims. If it had
been your desire to bring about the ac-
cession OF new incumbent into the
office OF Comptroller, you seem, to me,
to have exhausted every legal expedient
that could have suggested itselffor that
purpose, even at the risk Of some ap-
parent inconsistency. Under all the
circumstances, therefore, and with the
opinion of that eminent jurist, Charles
OConnor before me, | cannot adyise yon
to take steps that would lead to compli-
Gated and mischievous litigation. The
refusal Of General Mcclellan to accept
the position OF Comptroller, of which |
am informed, is an additional reason for
such action on my part Yet such
might, as you intimate, bring up ques-
tions of law which you think could
not have been presented to Mr..
OConnor's consideration. Among them
I select from your memoranda, these:
Whether the Comptroller, having
powers and duties conferred upon him
by many other good laws than the law
OF 1871, commonly called the charter
and assembly of various committees,
can transfer these powers and duties to
a subordinate, by virtue of a section in
the act, which may be regarded as a
local act; or whether the said section
might not possibly be uncon-
sttutional, IN so far as it permits the
Comptroller to relinquish not only char
ter power, but all other powers; or
whether in addition to all other func-
tions beyond and embraced in the char
ter, may ipse tactO amount to resig-
nation, and create vacancy. These
and various other questions suggested to
me are, no doubt, open to discussion.
It is true, think, that legal contest
on this matter must present novel and
important considerations, as the law
irn piles, resignation, vacancy and
removal, in addition to those ideas
which the eminent jurist to whom
| have referred may have thought it
necessary to adopt as his opinions. But
returning to the question OF expediency
and sound policy, which | think of
most importance in the case, and laying
aside the legal questions for the present
as head of the law department, | now
advise you not to make another ap-
pointment, to withdraw your notice to
the various departments and to treat
with Mr.. Connolly as Comptroller. II
YOU do not think him as entitled to fill
the Office de jure by treating him as
Com ptroller, at least de .tactO, you will
adopt a course which, in my opinion, is
necessary to prevent financial difficulty,
complaints anu the continuance Of that
public excitement and a sense Of inse-
curity which prolonged legal contro-
yersy in this case would inevitably in
tensify. 1t should be borne in mind,
also, that long before that controversy
could be determined a new Legislature
will have assembled who will then be
able more calmly and deliberately to
consider any matter connected with this
case, which may be properly submitted
for consideration. ] remain, my dear
sir, yours, faith 'ully,


RICHARD OGoRMAN.


New York, September l9.


Hon. Oakey Hall, Mayor Of Ne'o York:


DEAR SIR:-I have the honor to
acknowledge the receipt OF your letter
of the 10th inst. conveying to me the
verv flattering offer Of the Comptroller
ship of this city. While | should will
ingiy render service to the public,
we're it in my power, in an emergency
like the present, nevertheless, due
regard to my public and private duties,
at this time, compels me to decline the
appointment.


With my sincere thanks for the COM
pliment you have paid me,


am, very truly yours.


GEO. B. MCCLELLAN.


There was large meeting Of the
friends OF Comptroller Connolly 10,
night, where resolutions were adopted
in sustaining the action OF Mr.. Con-
molly and pledging him their support
Thomas O Rourke, the man who gave
information to the New York Times in
regard to the city expenditures, had