The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-07-11


county Of New York, and that all the provisions q
the article relative to Boards of Supervisors in each
OF the counties Of the State shall be construed TO ex
tend to them respectively except when specia! pro
visions. inconsistent herewith; are. or snail ne.
made by law in relation to the city and county
Of New York. Il X. s. 500, 8. l7) Another pro
vision in the next following article. relative to
county treasures. declares that the Chamberlain
of the city and county OF New York shall be
considered the County Treasury thereof, and that
all the provisions OF that article shall be construed
to apply to him, except when special provisions in
consistent herewith are, shall be- made by law in
Board of Supervisors is authorised 70 examine set
tie and allow all accounts chsrgeable against the
county-Q r. 8 367 =. a. subd ~ and it is made
the duty of the county Treasurer to pay and apply
tie moneys received by him IN the manner required
by law-Q, r. S. 469, s. 20) The act Of April ls,
1862 Is. and ~ coneis the power to increase the
remuneration of the Justices Ut this court in the fr
district upon the Board OF Supervisors of the county
OF New York. and they directed to pay 1t by .
tax to lie laed upon the county. The resolution Of
tie Board. relative to such additional reTsu 10
ration provides that it shall be paid out OF the
county treasury. The duties for which conpeAsa-
ton is to be made, have 40 peculiar reference to the
city as corporation, but are such as are performed
fer all the counties OF the State. All these conside
rations strong to show that the charge in ques
tiOE i upon the county. rather thaH upon the city
corporation. Ii so, the resolution OF the county
Board OF Supervisors sufficient warrant for the
payment Of the mohfy, unless there is some special
provision to the contrary in the laws OF the Stlte,
relative to the Supervisors or Treasurer OF the city
and county OF New York. Now, the provision ia tAs
act to amend the city charter, passed on the I'd #
April, 1s49 6 ID to which have been referred
requiring the Comptrollers warrant applies Ia terms
to The treasury OF the city Nothing Is said or she
county treasury. 1t is lot an enactment relative to
the Treasurer of the city and county, and, so far
relates to the county, does not control in
deyolved upon him by the Revised Statutes The
Common Council when 1t adopted the ordinance
organizing the departments OF the municipal gov
eminent Of the city, approved on the 18th Of May,
$50, evidently acted on the snppositiOn that
the provision in the act Of the I'd Of April.
s4S had reference only to the city treasury aud 70
city claims, it directs lin a. that no warrant
shall be drawn (hy the Comptroller on the Chsmoer
lan) unless the specified therein is e'nbrac ed in
an appropriation previously made for that purpose
by the Common Council. This provision Is proper,
far it relates to accounts again the city corpO
ration, but is altogether inappropriate to county
charges, over which the Common Council can have
no legal control. The act of April L., 1862. dele
gates power whatever to that body in reference to
the additional compensation to the judges OF this
court ard surely corpo alton has no power upon
matter, except such as Ia expressly conferred
The territory and the inhabitants of the city ana
county Identical and that together with unity u
action and identity Of rights in many important par
ticulars has led to the suppostion that the city, a.
specially incorporated, is to all iAtents the county
But that is not so. The same individuals may and
often do constitute different corporations or bodias
having separate and distinct powers and Capacities,
ard subject to different rules OF action city may
be terrtorally part OF county, or an entire 6o1n
ty or consist of parts CT several counties In al
cases distinct county organization exists, unless
city receives charter constituting 1t q county as
well as a city. New York has never been specially
Incorporated as a county. Governor Dongans char
ter rectes that there had been grants to the citizens
and inha bitants ot the CITY sometimes by the nama
of Schout, Burgomasters, and Schepens OF the city
Of New Amsterdam, and sometimes by the name u
.rI ltu uf tha itr
of New York, and sometimes under other denOmina-
tons but iD ali the Instances it Is specified as city:
ard it declares and Grants that the Mayor Aldermen,
and Uommonaty OF the said CITY, and their SUCCESSORS
should forever thereafter be and remain Ole body
corporate and polite in deed fact aa3 name by the
name OF the Mayor, Aldermen and Commercially OF the
city Of New York. Governor Montgofnerie Confirmed
the charter TO the city under the corporate de-
sgpation. The statutes amending the charter,
passed on the It'll OF April, 1880 and on the I'd VI
April, le49, are each entitled ian Act to amend the
charter Of the city OF New York" Neither in rhe
charters nor ameDdatoy statutes is the corporation
CIT aed a county, non is there general delegation
of the power, rights responsibilities Of County.
Manhattan Island, with the other adjacent Islands.
constituted county by law OF the first LIE si4a-
lure ever held in the colony OF New York the lss
If Ncven ter, 1858. 1t has been DESIGNATED "a u
county in all the subsequent acts dividing this
State into counties II takes its organization Us o
county under the general laws Of the colony and a
the State and not under IFS charter city. The In
abitants III effect constitute two corporations-ons
s a county under the general laws OF the State t1-t
r. s 3G4, 5. l)-and the other city under tieif
barter. The chamberlain il ally declared ~ sta
tute to he officer Of each and subject to derer6
rules when acting in his several capacities. As city
reasurer lie acts under the charter amended; AID
as county treasurer, unler the laws OF the Sta.e
atve such officers except when they conflict vita
the charter. The stat!tes which in effect require
him 10 pay county charges upon the order OF Tho
county Supervisors are not at A IN conflict with the
direction in the charter that he shall pay the aaey
on, OF the city treasury the warrant oil the Comp
troler conner-igned by the Mayor and Clerk OF Tin
Common Council There would be an inc0ngruitS
in allowing mere city officer to have any cOntrA
over the payments for county purposes. The Comp
troller lis NO where dec.aredt1 be county oibsers
has lie under the statute, any right to interfere
with the fiscal concerns of the county, or with TIE
conduct Vt those to whom the mana cement Of sush
concerns g confded by law Neither IS the Clerk Il
the Common Council county officer. Although
the Chamberlain holds the moneys paid To him, Ii
two different capacities there Ii not he appse-
hends, any necessity that he should separate them
into two distinct funds, OF that he should keep two
separate accounts of mis- disbursements. The nppr2
pirate acquisitions upon him may vary, but thxe
would subject him ~ no greater Inconvenience than
what is exI erenced by county treasurers generally,
in paying The State tax, the school moneys, and tho
county charges. Different requisitions upon the
tIeasurers made IN each case, but the whsle ~
included in the general account There may be sonle
difficulty i'll listing uishing between city and conaty
charges but If the remedy can be applied Oliy BY
upon the facts that the MONEYS raised for both CITY
aud county purposes were included in one tax. thai
the and collectors were the same and that
the funds were deposited with the same person. 70
show that there but one treasury, aud that there
fore provision relative to payments from the city
treasury applied to the whole. There is the same
identity in the tax, ia the officers ny whom II is i'm;
posed and collected and III the depository in ali tho
counties in tie State, ard the counties other than
New York, the treasurer has but one office; aai yet
the moneys are held by tue coanty treasurers for
different purposes-tor the State, for public
schools, and tor county expenses--and in each ca
the depository is subject TO different rules. lay
regulating the payment of the county penses woud
have bearing upon his transactions with the
school .icers aud the State Authorities. fooys,
law regulating payments out OF the city tIeasuI- "A
New York, COULD have no effect upon disburse meats
from the county treasury. The principle il plain
enough--tbe orly difficulty is in the application.
I'D that arises from the TACT that the same iodivi-
ual holds q fund derived from tho same soueea,
part ct 1t i'll one capacity ana the residue il
mother. Upon the whole. am satisfied that tue
money demanded in this is county charge,