The New York herald., 1872-10-08

An Ugly Hitch" ID the Management Of the Ds<
partmsnt-rhs comptrollsr win Not Honor
Regulations Will Audit and Pay
Claims Personslly-what Both
Sides Have to Say.
A MANDAMUs APPLIED FOR.

be many ''hitchesn in the successful management
OF the Financial Department, which are attributed
to the Comptroller's stubbornness, that wouid
never have occurred had the trainers Of the charte
exercised even common sense IN defining the dutiea
and responsibilities OF the respective officers Of the
city government. The failure OF the Legislature int
this particular has caused very serious legal dis4
putes, conflicts OF authority, disagreement upd4
the Interpretation Of the laws, and entailed upou
the city litigation. The latest of these connictA
OF authority-that may properly be termed "dead4
locks"-is between the Fire Commissioners snd
the Comptroller to the disbursement OF the ap@
preparation made for carrying on the Fire Depart1
ment OF the city. The Comptroller and his counsel
interpret the law one way and the Fire Commis4
sioners and the Corporation Counsel put an opposte
construction upon it. The consequence Is that the
fremen are not promptly paid, ana each party tol
the dispute stands upon his or their dignity.
reporter was yesterday instructed to visit thdP
Comptroller ana the Fire Commissioners, and II
possible, fathom the points In dispute, 30 al
to intelligibly explain the matter. Messrsj
Hitchman, Blair and Hennessy were found atI
their rooms in Mercer street, and. Of course theN
claimed that all the responsibility for the disputed
rested upon the Comptroller. Mr. Hltchman con.{
Quoted most OF the conversation in which his as3
Fom NJ their
trespassing upon their rights. They claim that hsl
action in insisting that the men should be paid un-l
supplies and materials on Els auditing virfuaiiy
proposes to enter into their department. and asI
Ing the salaries Of the men ana ali Claims FOR sup Sup
plies and material furnished are concerned on. tn
their powers. Mr.. Hitchman says Mr.. Green frsH
assumed this position on the 9th OF August last,)
eatrses e chseG
the financial department., In which he claimed tha
forth that II the Board differed nom his views nd
would be pleased to submit the question to a Judi
cial decision and would interpose no objection to q
speedy decision. In this letter he requested them
TO forward their payrols Tor audit and payment bN
him and enclosed q form Of certificate he desired
cessary that the signatures Of ali the Commissionsra
should be attached. Messrs. Shaler and Galway
were absent on the receipt OF this letter Mr. Gree4
was informed OF their absence, when he consented
to wave this and receive the certificates Of MAJ
to be paid they yielded to Green's proposal for tha3
month, but denied the right to impose any such RED
strlctions upon the management Of the rdepart&
Upon the return Of the absent Commissioners al
res was asking % @ for an opI0n
mission to make requisition upon the Comptroller
and the atters right to refuse to honor such requi4
sitiOn. This opinion was in favor OF the position
assumed by the Commissioners, and at meeting
on september IT, at which oil but Mr.. snaler werd
requisition upon the Comptroller for $4,000 for
the purposes Of the Department and to forward q
Hennessy says that on presenting the opinion toI
, Mr. Green " % he refused to be governed rove hyit ana
Sdlu, II nave dlTeduv ucClueu CHdC IudJCcTs" MTS
Hennessy says the following conversation took
place.
tion Counsel Possibly it may change your mind.
Mr.. GREEN-That don't amount to anything I
Mr.. HENNEssEY-After reading it win you, com.
municate your decision to usP 81 .e.e4
Mr., GREEN-I viii write no more than have re-
garding the August pay rolls 0.ts II /
They received no answer and, on September "a,
all present but Commissioner Galway John E. Burr
compel the Comptroller to honor the reqnisitionss
and on the 2sth OF September the following commune
nicatiOn was adopted, all being present.
New YORK. Sept g. lS7I
Your eommupieatiSn Of The ssd Inst L received IN
srs Sas o
% as aasqis hs rs; !.
X w e M an@ MAI Df Sessns
The counsel for the Board was requested to waif
upon Mr. Green and make some amicablea arrangeS
ment for the requistion for September. This re.
order Of all the Commissioners for ss5 ooo or about
$1,000 less than was required to cover the ipay1
material add supplies The comptrolier Sgiae stiii aS.
hered to his former position MIR. IIitchhan says
tina tat hs check t has not been endorsed Or used
sioners claim that the now charter vests them
with all the power OF the Metropolitan Fire Depart
ment in 1865 and Il Mr.. dreeS Be sustained by
the Court they will have to increase the clerical
Mr.. Green has ntimated that he may appoint the
commissioners as his disbursing agents, and that
his course is calculated to utterly demoralize tho
department and render 1t impossible for tnem to
eet tsa 1ea,1 SI sagBs atesas and repairs Tw.
melted insubordination in the force, by going
around among some OF the men and telling them he
had sent sos, 600 to inc Commissioners to pay them
anu IL was the ooards fault II they had not received
the moneyy. 80 s.;.
ms Is the substance Of the commissioners cases'
They have applied Tor mandamus to compel the
Comptroller to honor their reQuiSitiOn9. -.
The Comptroller explained his position to the rey
porter later He claims that the section OF the char
ter below quoted Is his authority for his action -
Article Sec ss-The Finance Department shall havs
Of OF e the made for carving on
all salaries shall be drawn, and tho mode by which all
be paid 0"''e'' anu em0sss Of the corporation shah
He insists that under this, as the law provides
no authority for him to pay over moneys to the
order OF the commissioners he can only pay him.
self on an audit of their certified accounts Ha
maintains that he compromised with the COmmis-
men might be paid regularly, and that he gave
them an assurance In writing that the accept
ance OF the check by the Commissioners should
the the Courts. The comptroer exhbiieS letters a.
Yellowstone dated 9th August, notifying the de-
s the pay ons
Der 23, notifying them to send the pay rolls; 0na
dated September 80, calling for the pay rolls No
answer being received he sent the check and the
written assurance later, so that the men could be-
paid on October l. This action was taken, he AYERS,
ne had receded from his position. he claims thaS
there need be no delay In paying the force, as hg
officers can do II at the engine houses. As the law
does not empower the treasurer OF the Commission
to draw on him, as IL does the Health and some
other departments he will not honor their requisis
tons except upon the order OF the Court.
IMPORTANT CUSTOM HOUSE SEIZURE.