THE SUPERVISORS.

New York, 1895

Counselor Van Vechten Gains a Point.

THE CAUSEWAY IMPROVEMENT.

Money Appropriated to Pay for the Work.

AVERSE TO LAW SUITS.

A Big Consumption of Coal at the County Court House — Wrongful Commitment of a Lunatic to Barnum Island — Reform at the County Jail — Contract Awarded for Improvements at the County Clerk's and Surrogate's Offices — North Hempstead to Issue Bonds to Macadamize the Middle Neck Road — Dr. Mandell's Big Bill in the Sharkey Poisoning Case Recommitted.

The board of Supervisors met at the Court House on Tuesday. The minutes of the previous meeting were read and approved. The full board was present.

Constable Clark, of North Hempstead, sent in a bill for services in arresting a lunatic at Great Neck, and conveying him to Barnum Island. Chairman Wood said that if the person arrested was a lunatic he was wrongfully committed to Barnum Island. The bill was laid over.

Mr. L'Hommedieu sent in a bill for $613 for coal supplied to the Court House since February 1st, about 120 tons. The board did not know that any coal was being purchased, the order having been given by the janitor. Mr. L'Hommedieu furnished 200 tons of coal under contract prior to February 1st at $4.30 per ton. For the additional supply $4.75 is charged. The bill was referred to the Court House committee.

The janitor said that some coal was needed. The board did not see why coal should be needed in the summer time, and none was ordered.

The presentment of the Grand Jury respecting the county jail was received and read. Credit was given Sheriff Doht for the clean and orderly condition of the jail. The Grand Jury recommended that the boy and girl prisoners be separated from the older offenders, and that suitable quarters be provided for them in the upper part of the building. Supervisor Koehler said that the Court House committee had already taken action in the matter. The communication was ordered on file.

Counselor Van Vechten called the attention of the board to its refusal to audit the bill of the Long Island City illuminating company at the meeting last week at Barnum Island. He said the company had consulted him in the matter and desired him to obtain a mandamus to compel the audit of the claim. He did not want to put the county to the expense of a law suit, and he therefore came before the board to ask that the board reconsider its action and open the case so that evidence as to the validity of the claim could be presented. If on the evidence the board thought the bill should be rejected that action could be taken, and then the company could obtain a writ of certiorari to review the action of the board. Audit had been refused the bill at Counselor Wallace's suggestion.

Supervisor Denton moved to reconsider the action already had on the bill. This was carried, and the whole matter was then referred to the committee on bridges for investigation and report. Lawyers who were present wondered that the board took this action without consulting Counselor Wallace, who was present at the time.

Counselor Harrison S. Moore, for the board of Commissioners of Highways of Flushing, asked the board to take some definite action in the matter of paying for the improvement of Strong's bridge and causeway, which is nearly completed. The county, on the claim of the commissioners, is liable for one-half of the expense above $2,500, but this the board has disputed.

Mr. Moore desired the board to agree to pay, or refuse to pay, so that his clients would understand their position, and, if required to, be able to take the case to court for adjudication.

On a petition of citizens, Judge Garretson appointed a special commission to inquire into the necessity for the improvement, and the commission reported that the improvement should be made. On the approval of the report by the County Judge, the Commissioners of Highways let contracts for the work. The Commissioners of Highways of Newtown have done the same in respect to that part of the road within their town. The cost of the whole work is fixed at about $26,000.

Counselor Wallace said the matter had been referred to him, but he did not understand just what the board wanted, and he was a little in the dark still. He understood, however, from a member of the board, that the board wanted to know whether the law would compel the board to raise the money to pay for the improvement. He thought there were some objections to the proceeding, but he could not say that the objections would prevail in favor of the county. He thought the objections were such as a court should pass upon. He claimed that the estimate of cost should be fixed by the special commission, and if fixed at $2,500 the county would have to raise just one-half of that sum. The town could spend as much more as it saw fit, but the town would have to pay it all.

In reply, Mr. Moore said that Mr. Wallace did not understand the matter of dividing the expense. If Mr. Wallace was right in his view, and the estimated cost were only $2,500, then the county could not be called upon to pay one cent. It is only when the probable cost exceeds $2,500 that the county becomes liable, and then the county is liable for one-half of the cost in excess of the $2,500. This was perfectly plain.

Supervisor Koehler said that the law committee of the board had conferred with Mr. Wallace about this matter, and requested him to give the board his opinion, but he had not done so, and he thought it time that special counsel were employed to interpret for Mr. Wallace what the board required of him. He thought it inexcusable that Mr. Wallace should be without an opinion four weeks after it had been asked of him. The board acted on the advice of counsel on another matter at the last meeting, and at this meeting the board had to rescind its action. This, Mr. Koehler thought, made it look as if the county needed a better lawyer.

Mr. Wallace seemed to feel hurt by the Supervisor's remarks. he said he would put his opinion in writing in a few minutes, and did so. He advised the board not to raise one cent to pay for the improvement of the causeway. That would compel Newtown and Flushing to go to law with the county.

Supervisor Koehler asked what the total cost of the improvement would be.

Mr. Moore replied that the cost would be about $26,000. The Brooklyn City Railroad Company had promised to pay $5,000 of the cost, but the company had now gone into the hands of a receiver, and no reliance could be placed on the promise. Besides, the company had not built its railroad, and its franchise had expired.

Supervisor Pople said he had opposed the matter from the beginning. He always said that the railroad company would never pay one dollar of the expense. He had voted for a resolution some time ago declaring that the county should never pay one dollar of the expense. Now he wanted to move a reconsideration of the resolution. If there was to be a long and expensive litigation, and the county was finally to be beaten, and have to pay the money, then he was opposed to going to law.

Supervisor Koehler said that Mr. Wallace would have to defend the suit for the salary the county was paying him, that being the agreement, as he understood it.

Mr. Wallace fired up and said that Mr. Koehler's understanding was entirely at fault. He did not expect to conduct the litigated business of the county for his salary of $1,500, and would not do so. He declared that he told the board so when he accepted the position of counsel, and he supposed they understood it perfectly.

Supervisor Pople was of the opinion that a law-suit would result in the defeat of the county. Counsel for the county advised the board not to agree to raise money for the work, but his opinion did not fortify the board in that position, and to go to law only to be beaten, and lose a good deal of time, seemed to him foolish. He had opposed putting one cent of the expense on the county, although his own town was to receive the benefit, but the law was so clear that the county could be compelled to contribute to the cost that further opposition seemed to be useless. The board was not to blame for the existence of the law.

Supervisor Koehler coincided with the views of Mr. Pople. He could not see where the county would have a leg to stand on in a law suit. If Counselor Wallace was going back on his agreement with the board, and must have extra pay for litigated cases, a law suit would be an expensive thing. He was not at all satisfied with Mr. Wallace's position in the case.

Supervisor Pople offered a resolution that the board appropriate $8,500 to meet the county's share of the expense of the improvement. This was seconded by Supervisor Koehler, and it was carried.

A resolution was passed authorizing the town of North Hempstead to issue bonds in the sum of $12,000, the money to be used for macadamizing the Middle Neck road. The bonds are to bear interest at four per cent., and $1,000 of the principal is payable annually. The people of the town voted in favor of the improvement at the Spring election.

Dr. Mandel, who has a bill pending before the board for $1,200 for an analysis of the stomach of Mrs. Sharkey, of Flushing, who died from poisoning, wanted action on it. The bill had been referred to a committee, and the committee could not agree. There had been a previous analysis of the stomach by Professor Smith, who demanded $1,000 and accepted $300. There has been no statement made to the board why the second analysiS was necessary. Dr. Mandel made a statement of the time it took him to make the analysis, from September to January. The bill was then referred back to the Committee on Coroners' and Physicians' bills.

T. E. Quinn was awarded a contract at $525 for improvements at the County Clerk's and Surrogate's offices. He was the lowest bidder.

—The Long Island Farmer, Jamaica, NY, July 5, 1895, p. 1.