| Show THE OF NF ARCIl wo ive learn from tho the report of tho the citi zens Committee of forti five fire in our cur columns colum us a raw fow days daja ago that throe three legal I 1 members of tho the committee ll leiAm and haydoo are instruct led anil and authorized to ansti tatt lute such legal against our lily city officials ciali Us as will procure for zeus the right rishton of oc arching the city ace ardt abie th n abase ol of the alie matter quest among the law books to see BCD bat has iiii i been the action ti on in other in similar cios cases the first relevant bete unto which catches our oje eye is ia found in bar bours supreme court Ite vol 47 this case reveals the majo made by the citizens ot of new york against tho the barriers lasu riera created by the corrupt tweed faction action aljo of the citizens association of that city applies to tho the amt commissioner for loave leave to in contracts slid anil on file filin ins derailment Tweed ism instant at such a preposterous demand the fhe official refu ea the llo ap on just such grounds grou nila as our corrupt city officials baso base their refusal acl asil to lo allows allow a committee of our oar own citizens to inspect ct tho the public records ile iia first denion the right of 0 tho the applicant to ini in i tho rc re corda cordi because lo he appeared as attorney and not in his bis own elalio richla then the iho documents were in duc jacger ger of ol 01 destruction or mutilation it if they must be to any and every person I 1 further that to afford every crery tax payer of that vast city abo who might happen to lo be of an inquiring turn of mind an inspection of iho files and records of his office would be bringing ii job upon jus haddi abat lie ho require additional offices anil and in an additional oddi lional staff st lff of 0 clerks those allowed by in law tho sew new york street commissioner like our ov ou it a urbane officials ob tested od his readi noa BOB no BO a B to show every record lio be luxl had in his hia office if those difficulties could only bo be remained ed tho the ap application ion being refused it a motion ansia made for a tory mn man damus damns the ewe was argued liy by coun eol in tho supreme court of mcw york during a special term in id the ili rail fall or agg 31 mr r justice arnard rea rendered dered tho dc elision his tut put tho the io in thie biti a is another term lor for citizen of a mn luu corporation a right to baro bare a general inspection and take litlo copies of the public documents onil and records ot of the alio corporation of which lie he is a member in answering this the judge quotas glover clover on municipal corpora t ons who lays lansdown down the iho f rule every has a right to ill all the records books and documents of tho the corporation corpora tiou upon all proper occasions and it if upon application the who las has the custody to show them tho the court wil grant a mandamus mand amna to enforce his right in his review ot of auth authority lisp the julge julee cites the fillou lol loning ing caso case in tt herbert erbert ra 1 I wils wil a raloh rolo aft aa u wide re requiring tbd abd to show can cabai hy by the giring defendant a I 1 oulu not listo baie the liberty to inspect the abo oola loola L of the scions of tho the corporation of Ren rendore dode sad od it wu vote objected jo ca U ur jory alo party VM as dot ot coupled ool itla to fee the tho a book liu u could khow to the court by tOi dat that they contain t d matton re to the thing in ID a al lle ax u athin tow u or of frd fw ibio arc public took jk whichever body bu right I 1 to vw 00 oo and ri abo rolo nan boado without hearing tho luo other side cido tho following from bion of the supreme Su coart or new york fits our own caw case to a T I 1 see ac no upon wh li it can bo 16 held beld that it ft or lis corporation lun not 0 t 6 liht V lit to an of tho the public records 1 I 1 tr u c that the whole body of tho the cor pors ton lord ac through their leg gally as B well as the legi legible bla turo lure under lich it ho hoku 1 I 6 tu its clarki chart ti may make law lairs md and ordinances restricting tho bot Is bamo bomo 0 L such I 1 un am unable to BW any principle upon which it cm can lie bo held that a cerp corpor orator olor lu has not ft a right to a general ion of the public record 9 of tho the carpo IQ the of in lur ifer her bert ey tetto kro are public books boblit bilach vilach bu bao A right to awa 9 tho the uhlna without tho the corporals corp oralo limit hanla to corbut u the corporation chuo bile the mayor oddert on common counce council 1 k treet commik mioner all nd hoojen aeils omar or tnt to choai L atre re c con 0 Adud under curtain certain restrictions the he e od d of the property bu sites aud dd LD Milt of tho the corporation effrom if from t tho bue bucu alt corporations can only act through officers or genta ind and that olli cere are appo to whom the cue care of jf the property pro porty interest of the corporations are and who alio in aro subject to reio oal before the time fur for they an u appointed las hu esp expired irod and Ddn be boud art also subject on OD the expiration of term ro ill ol at thodor cor porlito rs it met to tin that tin mediately medi attly on iho elio ap ra of inch officers the corpor arre a no lonor kny any lateral to jo tho the manner it 10 which their property burine and nd are ra cued aur ducloe and nd looked after by ill ileo boll it alao follows that tle the corp orAton orAtors would baw baio no right to the th books rud kaj altti cpr rs in the custody of the ibo g to luicir it however the notwithstanding 01 fit ouch fuch Off locra still retain an D in tho the cantier in which their property bud interests are cared for con COB and looked after lor then it fullow follows that they ii ey have a right to be u full f 11 kanovi fedgo of all it abo a off latal acts ato of their officers as the taft it avo 00 0 o them to uh ce cartun artlin whether their have their clr daty d ci t jn ja maunce as li id to th tocoi w 1 t to w tacy will cou conti tiame DOB them in or aroot at the city chiai officials alb of salt lake aro are so se painfully solicitous about the safe cm on tody of 0 tho the publio accounts ounla md ind filoi as the direct commissioner of now york torfe professed proFess cd to be myor mayor wells replies to tho the committee Com of Forty fiTO fio ayon if yon or any oy of your committed hito have 1 right to copy of the an rolls rolli of th lie city BO 80 has bu loy any taxpayer tax tn payer tod etaco to sata ly fy ion idle curiosity nolty cu the ibo books baky bo comly the lands of those who lio ire are not the pro per thereof and tho the abor r ano other ollio oni bo be hindered in if not I 1 beo lately e a led from the cc of their d e the corporation attorneys sing to tle the tame same tune they may io in their precious ua opinion atho if the of the committee should bo be ua right the ibo same right would also 10 6 to oy kod hidoa ivory 0 of f the ibo city thit this would kad iced to acab I 1 a co n slid would impair jr if not n 0 C droy d caroy the loncy of its what othan rd by from froia attending alu to shiar pelillo duties thom them Barn barnard arli mocta meets this arely when nihon lie says saag thore there is ono one ergil ment granting gr the writ it to be axi not imil u ji vituld bo be to silo allow r biljan to to conio luto every the ft sad kad imil t end make conlu of teem and gitig ji saTow iia goel ltd abal bu allond to do ao aai 1 bo I 1 do out not unit ind red bretaud that there is tay loy ri la in evil oro oricia tocea u c dorco if thit that ifould 1 bo found 1101 y lug this hits to ft 0 were antei I 1 anted difficulty chilli I 1 will ud col alir occur if it ay d occur doctor I 1 see lie ty in providing int ins to minors it A merely common son tanio view orthe of iba caso c sati fy the mayor and lil hii legal advis crr that tho the inconvenience they are eto eo forNi forward ard to anticipate would never occur alio committee of forty avo have been clec elected letl by our u r to ct for then them it if acte a thorough they deput the city books correct all lill bill bo be kalis fiod fied american Amori eata citizens have oil or busi friess to a tend t tl then to crowd around tho the of 0 the auditor and aad waiting their turns 0 to o catt cast up his columns judge barnard decides the 1 h 0 case oa as follows tol lows I 1 coan to tho the that both oo on authority and the afa rolater b to tu titled to tho the Ina petion bo 0 take kl bull tam to 0 make such lach copin copies of public as bo be we may iny say pay in conclusion unit no right of tho the citizen ier moio me ally y taj 1 I completely complete liy legal au authora aulhorn tio ties than limn this right to inspect and transcribe so ribe from rom tb tho 0 public fro ord 8 a 01 fi filia I 1 I 1 lodged irilli municipal and other officers |
