The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-01-04

rs hc State treasury resulted adversely 10 the STATE ~
decision Of The Court Of Appeals ne ground as9is
ed unsatshed against the sureues.
The county made application 10 the las. Legislature
% Dc released rom the payment Of these taxes, alleging
and that through the neglect Of former Avog COY Gene.
rail- NOT opposing the application OF the treasurer for
State made in 1857 and the omission Of iorner Compsi.
iers to notify the county default ives made, No
county had been injured and the state had nus conbu.
ed TO the loss sustained Tie application resulted In thA
passage OF act chapter 23 Of the Of 1852 anho.
rizng the Lieutenant Governor, Attorney General and
county Tor the claim OF the State account Of these
taxes In pursuance of this act the Commissioners, on
ment with the county upon the following terms ,Iha
county 10 pay to the State the sum Of Sf7 02a a.
o a e s TE 'o o y q and one 1s S
twenty Eighth November last The state ID 70 have tho
Judgment against the Treasurer and also against the sure
ties and is to take charge OF the litigation from the t0
Of the settlement with the understanding that the county
authorities 10 render all the aid IN their power 70
enable the State to enforce and collect the Judgments
The Commssioners, without admitting the truth Of Tho
allegations against the State oicers and without cOnced
ing that such allegations true constituted IN Law &C.
under all the circumstances fair and equitabe and the
amount above assumed BY the county win doubtless b
pupctuay paid, whie II s hoped that NO balance,
least. will be realized from the Judgments
JUDGMENT AGAINST CITY AND COUNTY or NEW yoah
had been Obtained in favor Of the state against the city
OF New York for 49, being ave per cent ies Tor
collecting and ten per cent trcasurord ices, WHICH na0
been reianed upon the amount Of the State tax from
1886 10 1885, when the action was commenced 70 recover
the thus retained The judgment was Obtained IN
September, 1858, upon an 20 pdrs hearing Tor mo
whole amount claimed, but upon consultation with me
Attorney General Ia connection with the Comprollor ana
Corporation Counsel OF New York agreed that tho
received for casurers fees being onesxth OF tho
amount Of the Judgment should be released upon tho
prompt payment Of the balance The arrangement was
made TO prevent further litigation, and because serious
doubts were entertained by the Attorney General and
Comptroller whether that portion Of the judgment could
BIO sustained The balance OF the judgment. amounting 10
s4eso3 49, paid into the treasury on the lsh day
OF May, 1852
New York entitled 70 retain, not only the
treasurcr's fees, but also five per cent fees fcr
collection, upon all paid TO the State treasury
for State taxes such had been the law throughout tho
pesled the provision in question, exempted tAe city 81
New York from Its operation.
In the various amendments however, which hal been
made IN relation the collection Of taxes in the city Of
New York II seems that by an act which took effect ID
1884, The original chapter Of Revised Statutes, which
authorized the retention OF collectors fees, was declared
rapphcable the city Of New York The peculiar con-
d,ion Of the statutes we'll calculated to mseat the
oicers both Of the city and state and the Comptroller
informed that the state is indebted for the discovery TO
! Philip Phelps Esq, Deputy Comptroller
Is deemed but an act Of justice 10 this able ard vgf
liant public officer to state that he has occupied position
in this department. with the exception Of two years, for
| than thirty years, during which period he has
audited and paid accounts and demands amounting 10
millions OF dollars, without mourning the slightest susp
con from any source against his uprghtness and perfect
the time has resulted in saving TO the State OF about
| $500 COO is but Of many which might be named
where by his industry and watchfulnes the State Las
| been largely benefited
l STATE PRISONS.
The with the State prisons for the past year
cvht1 fbC