, 1870-03-23
HYDE PARK.
Meeting Of the Town T1ustees--0pinionl Of
Five Judges on MI. PerGni' Claim Of
0nt Per Cent.

A regular semlmonlhly meeting o. the Board OF
Trustees OF the town Of Hyde Park, wns held at
The 1Iyllc Park lIonae, on Monday evening Pres
rnt-I'rrsillcut Cndy, Supervisor White, and Trus-
tees Clark, DoWner, Harrington, Harly, Lewis and
smith. Atsent-Mr. Eoy1e. OF Classic Calumet
The minutes Of The last meeting were read ind ap
Hills Of c. ItoeHcreen, DFatlncE, Chamleg ca,
IL EncngrphufEh, Wcrr recommended to be paA.
The nils Of E s. saloman and c. Vanderbilt
4R- FERKtSs' CLAIM.
In the mater ol the claim OF n. C. Perkins, late
Supervisor and ez-1Mfio Treasurer, for commits
sinna Is treasurer for s55s.0a, The committee rc-
Inrt, that without expressing any opinion on thu
snsy sf s ci e. 81 claim q
Perkins, and les1rr 10 be discharged from the fur
thtr consideration OF the subject
The opinions OF Judges BecEEtth, Van II. Hlg-
GINS, Gnoir1ch, McAllister, and Lohn NJ. Wilson
were then real, all To the effect that AE, Perkins
wnH entitled +, the per cent commission clalmesi
with said: For Services after the act took effect
i establishes The rule ni COMPENSATION which the
TT asureI is entitled 70 receive"
Judge Higgins said: " There Is hut one question
In this easc-WAs Perkins Treasurer ullIer the art
OF 1907 II he waa, he was entitled 10 per
cent commissions on ai tie money that came into
ttutt that he was al orlces undet the aet OF 1s'
lie held two ofnces By 1sE. although elected to
vtfllg that the officers should continue IN ONCE,
embraces tho office of Treasurer well that OF
supervisor. Thcrc EnS an nfIeC Of Treasurer, and
he was that ot1icer, anu within the act OF 1861"
Judge Cox dslcn said: ''Inatmuch ~ the forty
second sectlnn Of the set tot 1862 re1eals the
former nct taf 1851 except AZ TO boundaries, there
could In. irRa officers 1t the town. except such
N were made or elected ul!ler the provisions of
tie ast Of 1sG9 II the new act dill not create a
TREASURER To hu snrh 01tct: Until the election OF
TI.asnrrT, E8 provided for In the act, said town
| Uas, Cd int<rlm, without . TREASURER, and all
moneys ctllc,'tetihy him were colltct.7i withoa,
authority 0f law. AMI hp was not tDunA to pay 6vsl
fl saii town any Moiseys Iii hs hanls, or liable t.
4 aCctunt 10 said town fur nluuctg IL Treasurer.
| em Of opinion that by the new act yoH were matIG
Treasurer unit! The next election anil tutitl lSrl "a
| The salrc compensation as II Jou had hecn ecctcc
| o@rrr, however he mar hhvc fecn male such,
| whether tly Legislative creation Or by r1ect!0n.H
Judgr NcAlliatcr said: .' The seventh rrction fol
[ new act} Uses the general wohia, The Treasurer
| shall receive CoIIlirtsston Of Tcr cent on all
| moneys Of which he shall hare custody This
docs not nay the aid TreasuEer 80 a. 70 limit II
| III ths one to Ire elected under tho sixth section.
! and a3 the tenth provides for The continuance u
the ulA nnc In mice until such erctiH these Ken-
ernl words would he construed 70 appfy to him as
well as TO thr one subsequently elected"
Judge Wilson Entd: " The Treasurer, at the time
IT the passagc Of this act, is recognized as holding
that once, and Is liable IN his otlcial bond tos
Of the Eerenth kectlou Of Rald act The TREASURER
| shall receive commission Of nnr rr7 cent on all
Inuseys OF which he ahzll have custoly1, as apply.
ing Ia the Treasurer recognized Is holding the of
4 ice by the tenth section, as well a TO Treas
| urcra TO be elected under the act"
Report vas accepted and committee discharged
and, on motion, the subject WAS postponed TO tn.
nexr meeting. . -
Of no special importance