The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-12-10

The Controversy Bctweer This Beard and the
Commissioners of Charities and Correction
Opinion Of Charles O,Concr.
meeting or the Commissioners OF Emigration
was held yesterday ut the office OF the MUTUAL iiie
Insurance Company, No. l4o Broadway, at wh'cn
there were present Commissioners verpianck, VIM
ston, Loutrei, O'Gorman, Bssinger, hcEiroy, smith
ana Kspp.
Mr.. O'Gorman called up the subject OF the contro-
versy between the Board and the commissioners OF
Charities and Correction and stated the case as fol-
lows:-In March, 1852, the commissioners OF Emi-
grafton made contract with the Commissioners
OF the Almsnouse, by which they agreed
10 pay o certain stipend per week for
the maintenance OF ,unatic emigrants COM
mitted to the Almshouse. The Commissioners OF
Emigration afterwards learned that the contract
price paid by them was in excess OF the actual ex-
pense incurred in the maintenance Of the emigrant
poor in charge OF the Commissioners OF the Aims
house. The former thereupon notified the latter
that they would not pay more than the actual cost
incurred by the keeping OF such poor people AZ had
not been five years in the country To this the Aims
house authorities retorted by stating that such per-
sons would not be admitted to the institutions under
their charge. The Commissioners OF Emigration
then declared that the county officers would not
ing leave themselves liable to Indictment i the mat
ter wss allowed to on until the bill had grown 10
be some $4,000 or more. The Commissioners of
Charities and Correction claimed interest on
the Commissioners OF Emigration. The mat
Havemeyer ana Thurow Weed as nrbitrators vino
allowed the claim OF the Commissioners Of Charities
and Correction, without interest In the meantime
the matter also referred to Mr. Charles 0'Conor
for his opinion on 1t from legal point of view. The
Chief points OF Mr.. O'Conor's opinion are as fol-
lows
The Commissioners OF Emigration are not authorized
pay any money TO the New York poor lay officers except for
or maintenance Of the question. The actual
s ny ea y aw
Il. % e ssh ssar y % @
measure for compensation overssers of Norwich vs.
oyerseers OF New Berlin, IS Johns, ss7)
In regard to the claim for interest Mr.. OConor
says +.
General equity and Justice control decd
ing claims between parties having opposite Interests and
such relation exists between two independent State
SrsnanpE ne Bpar that either Of them would NEGLECT It's
The hands Of the Engrant Board BY way Of an At
omit making payment in due season.
In the absence Of statutory provision for 4 think the
Commissioners OF Emigration not at liberty
sfes on the claim IN question Simple REIMBURSEMENT Of
claina
In re!ation to the plan of adjudication he SAYS
Neither Board had authority 4, submit the questions in
r. sl Each bound by law % perform is dudes and %
wer bound ~ hef onhsof ONCE to Apply thep own s
pent to the matters dispute conformity with
the result unless overrued by judicial decision
other paramount Official authority They could not submit
theniselves absolutely and Implicitly In the performance Of
cher duties 10 tho direction aud control OF private indgid
Naa Had the arbitrator decided that nothing due from
che Commissioners Emigration the award would have
formed valid bar to the claims under consideration
On motion OF Mr.. O'Gorman a committee Of two
was appointed TO confer with the Commissioners OF
Charities rnd Correction for the purpose Of eectng
final and satisfactory settlement before the close
Of the present year. The committee appointed con-
sisted Of Commissioners O'Gorman and Bissinger.
After the little further unmportant business had
been transacted the Board adjourned TO the I'D
The eemi-rnonthly statement OF the Commissioners
shows the following:-Number OF alien em1rants
arrived TO December 1868 20s 096; TO same date ia
1861 235, 40.
Balance III bank January l, 1868, $GS,650; aggre-
gate receipts TO December 9, 1865, 1857 622: total
assets, S626,l72 Disbursements to December Q 1868,
y50i AS: balance. Sl2I 1894.