The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-02-04

has raised technical objections to any procedure,
which he win not waive. THIS he knows TO be UNI
rue. ! am certainly unconscious OF any technical
position TO raise any objections, either technical
Or substantial. consequently he has had nothing TO-
II Mr.. Curtis had taken the FIRST legal step to pre-
sent the issue. and me chamberlain had appeared
and urged technicaltes to prevent the suDstantia.
he might have beeh JUSTIFIED in arraigntng the
Chamberlain. But Mr.. CVrtis only arralgns himself:
check was paid and the clerk OF the Board promised
that the "proper tribunal" should in 'due time''
and responsiby; yet the clerk during ali this in
teryening time has carefully avoided drawing any
a ~ a MmIca 'oucn tine disputed amouns Mr. Uurts
sional skill is exhausted In like efforts mot to do it,
he communicates TO the Board the fact that he has
not commenced any proceeding and has succeeded
in doing nothing and attempting nothing except to
try TO throw the blame on the chamberlain. Mr.. =
successful as his attempt to commence legal pro-
ccedings. His personal candor and fairness may be-
said to 90 hand In hand with his professional skill
and alacrity. It Is true have waited patiently and
Progressively for more than month since Mr.. Curtis
wrote his letter. for him to make another effort to
cessity OF making this communication; but the first
step forward has not yet been taken.
Respectfully submit that this Will not answer.
Somebody Is responsible for this $17,500, and the
question OF responsibility ough. to be decided by the
aproper tribunal" Mr.. Bosses .sdue tmen for this
purpose never comes due, and Mr. Curtis '.begln-
ningn never begins. Through you l respectfully
but earnestly invite and urgently request that legal
proceedings shall be commenced to decide the ques-
ton. there be any question: or that the disputed
amount shall be made up by the clerk, who u
the afar should not be permitted to go from year
to year with such poor apologies for delay.
would be justified after the anproiessonsl ana
some reasons from Mr. Palmer's communication why
the long threatened legal proceedings have not
will not say dare n0t-be commences; but have no
feeling in the NATTER and will even freely forgive
Mr. Curtis II he will only begin to do something in
ever, that this communication shall be as forcibe
challenge to begin as courtesy OF language VIII per-
mn. But after this long lapse OF time ! consider IL
my dtuy 70 refer to the allegations OF Mr.. Palmer.
which have not yet been controyerted, as promised
by the clerk for such explanation as they may iur-
nish, and which, for convenience OF consideration,
may be subdivided as follows@
IT.. bsn IN a 81 PIa y hs ~ psyns
10 this bank who keeps the account Of the Board OF Edaca
Ssyssp and Ss and requested him 70
send the bank book o. the Board to oe written oahs
charge $3.50 oE sf payment IN dispute
struck placing that amount to the debit side Of the
after the deduction Of the amount OF the disputed warrants
T1rdNo question was made as to the correctness
the Of the until the 18th
day Of May following twenty three days after ne
itself placed in bis possession.
rules q the Board q Esucation Is made the duty
Cer. Of The Board keep an q al the b
bank returned to him the account his books must
the
discrepancy and variation a. false charge Of the large
then the
How & T when Ss ceyk Examined the vouchers he
passed over warrant the which his
0T :S s @ N.Y. .,
That o. he bank a.sribaisSs cause being
wrong d:eSseE g
io1nisst easisa himself the saSissti WHY'S that
Il alleged that entries in the of account Of the
that OF the bank was forged also !
Mr.. Palmer then proceeds to consider the mode In
which the accounts OF the Board are kept ana the
warrants drawn and signed; out as what he SAYS on
this subject elaborately charges reckless misman-
agement ON the clerk, as to his manner Of perform
ing hts duties shall not quote 1t, as desire TO be
entirely impartial in tie controversy.
Mr.. Palmer, however. proceeds to inquire II the
account kept at all and came out straight when
the account OF the bank warrant was returned now
did It undergo revision twenty-three days after
wardss And II no account was kept how was the
Mr. Palmer contends that the warrant is not q
forgery but assuming the other aspect Of the ques-
ton, he proceeds to say
has his post credab heretofore, states he y CONT
Known to him or ,deaed because
able Tor large amount TO bearer which unusua ana
variable rule II he had been notified Of anything wrong
in this warrant by the clerk of the Board At the
the and returned to him,
have remember all the circumstances under
which the presented and paid But the clerk OF
the Board dpung the account OF the BANK and keep
Ing Of the .ss IL or Ss Or
brought the jec TO his mind ut distant period that
necessarily having things to him every
Of e he cannot recall the circumstances attend
suppose there be doubt in law In equity that
dispute genuine being forgery
the concealed the responsible officer or
the Board Of Education desgnedy or through neglect Tor
such period necessarily prevent the detection OF the
forrer allow Of his with the that the bank
equally absolved from liability arising from in pay
mcut. .
II is under these circumstances that the clerk OF
the Board has permitted this transaction to slumber
for the better part OF two years.
1t will be seen that Mr.. Palmer contends that II
the warrant Is forgery the long conceament OF the
fact after IL brought TO the attention OF the
clerk prevented the detection OF the offender, In
sured his escape and defeated the possibility OF the
recovery OF the money, and, as between two public
officers that the one whose fault really caused the
loss is responsible. One year and eight months OF
additional delay doubtless adds TO the force OIL this
plea.
May not ask your efforts to induce the Board to
take definite action in the premises? All that de-
sire is that the question OF responsibility shall be de-
cided. that the city shall not lose the money.
This question can only be raised by the Board or it5
officers aud IL ought not 10 be allowed TO be longer
DELAYED without any attempt 10 bring 1t to legal
Investigation. Very respectfully, yours.
PETER b. SwEENy,
Chamberlain OF the city OF New York.