New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-10-22
TILE CITY CHAMBERLAIN.

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found i'm the card of Mr.. City Chamberlain Sweeney
called forth by the respectful letter addressed to HIM
by the Citizens Association. Our public officers
seem to think that the people have no rights which
they are bound to respect and that they are thelr
masters instead of their servants We tell MI
Sweeney that this cool assurance VIII not answer.
In law, at least he is but public servant anu
should not endeavor to lash himself mp into loan De
cause the Citizens Association composed OF hundreds
of eminent bankers and merchants has thought
proper to call his attention TO the welsetted prnc
pie of Common Law, that whatever profit trustee
derives from the trust funds in his hands goes to the
estate and not into the private pocket OF the trustee
Mr.. Sweeney may not like this principle OF law,
and may think it hard that he should not be aioweu
by law to retain SEINE $4,000 per year in addition to
his salary of $4,000 for signing checks but 1t IS good
law. nevertheless, although, through corrupt con-
nivance it has never heretofore been enforced. We
trust however, that the time is now come when our
officials will be held to a strict accountability to the
law and will not be permitted to gorge themselves
with the money belonging to the public 1t can very
easily be proved that it has been the custom OF the
banks to allow the City Chamberlain direct per-
centage of from q TO 81 per cent upon the average
balances for depositing the public funds IN such
banks and Mr. Sweeney does not deny that similar
agreement or understanding exists between hlm and
the banks wherein he deposits the public funds. Mr'
Sweeney says:
The City Chamberlain the treasurer Of the public
moneys and responsible himself tor their safe Keeping
give 10 the City and state $1,000 security anu ny
deputy 100000. The Chamberlain ~ IN himself
and his suretes absolutely responsible fora the moneys
which his hands and Is the lndeIpnltOf TOT tne
ndt 81 e f ba ma5eS pace3 If there should
failure defalcation IN either direction ne must make
derived from the moneys heretofore meSe hate
been dliOred as indemnity for the risk taken or loss
whit fhp difference
the Office and then Is, that the CITY paid the ex-
nenscs of administering il; now the banks pay such
penses as a consideration for the advantages which they
may enjoy. This NE idp pres as ne measure OF aUy I"
such banks"
Let us glance at the above extract for moment
The charter requires that the bond of the Chamber
lain shall be conditioned for the faithful perform
ance of the duties of his office" 1t is not in
our opinion true as a matter Of law, that Mr..
Sweeney is absolutely responsible for the sae-keep-
ing" of the public moneys He is responsible for the
faithful performance Of his duties He srespOnsl-
BILE for the integrity of his clerks. He would not be
held by any court of law insurer Of the public
funds. As he has under his absolute control very
many millions of the public moneys, the law Justly
requires a bond of 100000 that he will discharge his
duties honestly and fdih6dly. If he should use the
best Judgment of a sound business man, and deposit
the public moneys in a bank which should fall and
he himself should be free from any charge OF neglect
OF mismana cement in the premises we hold that he
could not be made responsible for any loss OF the
funds Surprising, however, that this view OF the
case is incorrect we would hold that the $4,000
nual salary is his recompense for the risk he
runs. The risk anyhow, is infinitely small
while the recompense is infinitely great. The pres-
dents of some of the banks on salary Of 5000 do
more business in month than 8Ir. Sweeney does in
wear for his $4,000 Tor keeping accounts and drawing
checks Mr.. Sweeney says that the advantages here
toforc derived by the Chamberlains from the banks
''Harc been all0cCi as an indemnity, &c. We would
ike to know where he gets his authority FOR this
statement No, Mr. Sweeney, they have not been
allowed by the law; for the decisions Of the courts IN
both England aud this country, shown by the let
ter Of the Citizens Association all the other way
They have been allowed by the banks, tdkm by the
Chamberlain and kept by him, because the public au
thoritics, who should have stopped the fraud have
! themselves been too deep in the plot to stop IT,
| You say Mr. Sweeney, that the banks pay your
Different and cerkLre, and that the law fixes this
"as the measure of duty of such banks" but,
Mr. Sweeney the question is not as to :" the
measure of duty of such banks" but as 10
the measure Of YOUR duty. The point is, that if you re-
ceive a single cent directly indirectly, from the
banks for the deposit of the public moneys. the
measure Of yo duty' is to pay such profit to the city
and county And we hope that the Citizens ASsocia
ton will inaugurate a new era in this respect, and
that you will not be allowed to keep such additional
profits as an indemnity for your risk, &c.
As regards the certificate of character of Controller
Connolly, we think the Controller might better turn
his attention to the reforms needed in his own de-
partment, and devote the time applied to whitewash-
ing Sweeney to hearing applications for transfers
stands, &c. in our markets and not put honest ap-
pcants and merchants off, under one preteXt or an
other. until matters are satisfactorily arranged
We would recommend the Citizens Association to
have the power taken away from the Controller to
revoke at pleasure the licenses of dealers in our
markets: for this extraordinary and improper power
gives the Controller grippe the throat OF our
whole market people We think the Controller
should have enough TO do to attend to his own bust
ness. We assure him that many reforms are needed
in his department also. AT any rate, his letter OF
character don't touch the point NJ all Mr. sweeney
may be "A useful member of the Sinking tund Com
mission; but for this he expects 10 receive the Gus
tOmary yearly allowance OF $1,000. ms IS inc Dnf,
den of ConnOllys letter II Mr. Sweeney ability ana
honesty are so great that $4,000 year IS not sui
fcent To pay Cor his services then let HIM ASK Tor
more: but this Is excuse or pallatloh Tor an
officials keeping for his use money belonging To the
public.
not in Albany during the session OF the Legislature,
we have only TO say that this Is point OF no import
ance for if he was not there no was thereaboutS.
The point, however. is the profit received on the
public money. Who - 10 get It The people OF the
Chamberlain
We trust the Citizens Association will see that our
people get the full benefit of the law.
In connection with this matter. we would ask MI.
that he paid 100000. Whereabouts, for being con
trmed as Chamberlain.
The New-York State Agricultural Society has