New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-07-11


IT. The objection upon which the counsel for the defend
ant mainly relied for cefense Is, that the TelA1r
has not procured and presented 20 him 4 war
rant for the snount claimed drawn by the
Controller and countersigned by The Mayer ana Sie'A
the Common Council As the money Is clearly cue Su1
c0tfsseoy in the treasury and the objection IS ous q
form rather than Of sub tsnce il should not deea tns pre-
sent application Tor relief ane-s j strongly s1sfSncd
The resolution Of the Board OF Supervisors declares that
copy Of shall b. sufficient warrant fr the pay n-ut OF
tie money The Revised Statutes provide that the Mayor
Recorder sud Aldermen Of the Cry 4 Ne~ York shah b.
the SUPERVISORS OF tAe City da CSEaty Of New York ADD
that al the PROVISIONS Of the srlce relative 70 30 Td. OF
construed to extend n them respectively except when
special provisions Inconsistent Herewith shall ~
sce By law n rfsafioa q tie CRy and C0say II N
IDrk-(l 3t9. \ l. Another provision in the n4xt
following article relative 81 County Treasures declares
that IN. Chamb sin ofthe City and Cosny OF New York
shall DC considered the County Treasurer thereof aud th.
all the provisions OF that article shall be construed SD
py 10 hin, except when special provisions inconsistent
herewith shall De made by law N relation 20 the
Civ md County of Newf0rk Ih- Board % Supervisors
IS auihe rized 20 examine settle Snd ar all accounts
char cable sssirst the County. 367 y T. sub. 81
and made duty the County Treasurer to pay and
,npI, The moneys rece we'd by him in the required
by ag-li H. 800, ). 20 The act ot Apnl loth lHo2
: and ~ cousrs tbs power 20 increase the remanera
ton Of the JHsces Of this Court Ia toe h-t dsct upon
the Board OF Supervisors of the County OK New orS anu
f,V are Greeted 81 pay by tax 70 be ra-ed upon ne
CuHy The resolution OF the Board relttse IN such Ad
dons remuneration provides that shall De pAid ou' OF
L
ton 10 be made have peculiar reference 70 the Cy
Corporation. but such performed for al the
OF the state AL these considerations are strong
to show that tie chNg- IN question i upon the
CCmtg. rather than upon the City Corporation
If So, the resolution of the County Board OF >zper
visors sufficient warrant for the payment ct the
uoIey unless there is some special provision 20 the
contrary in the laws of the State relative to the su
pervsors Treasurer OF the City and County OF New
York NV ts- provision IN ths act 70 amend the City
Charter passed On the second OF April, 1872 IS H. to
Which have been referred requiring Controllers
warrant, applies IN terms 20 the Treasury y ne Guy.
Nothing ssid Of the ConHy Treasury is not an en-
actu.ut relative 20 the Treasurer of the City aud County
sud far re,es the Couuty does not control
any affect the conferred duties devolved
upOn him by the Revised Statutes. The Common Council
wien adopted The ordinance orIsnlZng he departments
OF the Municipal Government OF the City approved ths
seventeenth Of May. $50 evidently acted ths suppos
that the provision in the act OF the second % April
hso reference only the City Treasury and 70 City
CLAIMS 1t directs (iu 5 s4) that no warrant shall ne
by the Controller on the Cssmberianl unless the
specified therein j. embraced a. 0pD1DrI 1R pre-
r1ousiy Made tor that Durgose ~ H. Common C0gari
Tbs provision proper far rs II relates % accounts
sgans the City Corporation, but IS altogether sappropr
TO County charges, over which the Common Council
can have no Al control The act of April sixteenth s52
delegates power whatever 20 that body IN reference To
the additional compensation 10 the Jades Of this Court,
and surely corporation has power upon W1ttr
except such as is expressly conferred The territory aud
tie inhabitants of the City and County Identical, snd
that together with unity action ana Identity Of rights in
many important particulars has Id to the sUpposton that
the City specially incorporated Is to all ntents the
COUNT But that II The same individuals may
and often do constitute different corporations bodies
having separate and distinct powers and capacities,
and subject 10 different rules OF action \ CRY may be
ierriforally part of county or an entire county or
lis, ports o several counties In s cases distinct
county organization exists unless city receives charter
constituting IL county well IS city New ok has
never been specially incorporated county Governor
pDneau charter recte that there had been grants the
cz-t. and inhabitants of the Cts sometimes by the
O. bouf. Burgomastsrs, and >chephens OF the CRY
Of NcVAms'erdam, and sometimes by the name 0t tl9
Mayor. Aldermen and Cominonaty OF the cry OF
New York aud sometimes under other denominations,
but IN al the instances specified, as city, and
declares and grants that the Mayor Aldermen,
aud coumonsty OF the said city and their SUCCESSORS
should forever thereafter be ana remain body cOrpOr
STE and polite IN deed, fact and name by the name OF the
Mayor, Aldermen ana Commona'iy OF the CITY # New
York Governor Nouigomer'e confirmed the charter To
the city under the corporate designation. The s.t
ues amending the charter passed the til OF April 1880,
ard ou the 20 of April l-l1 each ented An Act %
aut nd the Charter of the CITY OF New York Nethsrn
the charters smebdatOry statutes the Corporation
created unity, is there general delegation OF the
power right. responsibilities OF county. lnhattan
Island with the o'h-r adjacent Islands, was consttsed
county by Law If the rst Legislature held in tn colo
~ ct New York, on the Is, Of November t-3. IL has
been designated county in all the subsequent acts d
ydlirg this State into counties Itt4k-s rs organization
county under the general laws OF the cosuy and OF
TIE State not under IFS charter city The inbab
ants ia effect constitute two c0rporatons)n9 couay
uno'r the general laws of thu state, lls &c., ) D.
and tie other cry under their charter The Chamber
lain specially declared By sttut % be an officer Of each
end /. rcf 10 different rules when acting in mis- several
,qps,I--. As city Treasurer. he under the Char
ter as amended and ~ County Treasurer, uader the
laws o the relative 10 such iii cer opt when they
coulct with the Charter The statutes which IN eject re-
qure him 20 pay county charges upon the order OF the
County Supervisors, not ~ al IN conf 4 with the d
iou ia - Charter hst he shall pay money cut Of the
C'y Treasury the OF the Controller 3ounter-gn
by iLr Mayor md Jerk 0f the Common Council Iacrs
would b. incoagruity iu allowing mere c.y oeer %
have any control over the payments for county purposes
The Controller il where declared To- be- county oicer,
G4s be under the statute any night 90 interiors With the
fiscal of the county vim the cOnl1t of those
whom the mauag cement OF such clnlded by
law Neither is the CLERK Of ne Conmsu Council a
~ officer Although the CHAMBERLAIN holds tho moneys
laid Linn icrent capar ties. there Is not,
apprebeuds any that BE- should separate them into
dsnct funds or that he should keep two separate
counts 90 ms dsoursenrts Inc appr prae req suDns
upon him may vary, but that would sutject ann 10
aeeater inconvenience than what IS experienced by County
iressrers generally IN paying tbs State tax ths schOsl
moneys ana he County c1.ryes. DferenI rsguslOns
are upon the IIe2surers each but the whole
Iciuded Ia the general account There may BE-
cifi, ulty in Distinguishing between City and County
charge bat If the remedy De applied only by the
legislature The defendant counsel relied upon the facts
that he raised for both City and County purposes
ere 10 udec tx, that the Assessors and Cs~c'ors
the and that the funds JsIted with ths
zane person show that there bat Treasury and
that therefore provision relative to payments from the
City Treasury applied to the whole There IS the same
identity IN the tax ia the officers by whom II imposed
and eced and in the depository in s the Counties ia
re the Counties ether than New fOrk, the
has bur Office aud vel. the moneys held
by the County Treasures Tor dfrrent pCrpos-sOr the
state for public schools. ana 1r County
IN each the dep0rOry auorct 20 different rules
law regulating the payment Of County expenses would
have DO bearing upon his Transactions with me School
ffcers the State agnOriii-- t,ft,yt lay reyG
lsting payments Cut Of the City Treasury ia New ,rk
could have effect upon dsbur.rmens from the County
Treasury The principle j. PLATA Ign-the only dbl
Guilty i the pcLtou snt That from the f.ctthst
the same individual holds fund derive from he
sogrces part Of Il ia capacity and residue M
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