The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-08-06

ualaries OF Clerks I'm the Bureau Of
County Affairs.
Before Judge Pratt,


Old clerks In the Bureau of County Affairs, as Is
wen known, have had trouble In getting their pay
The result has been invoking the Court through
Mandamuses so as to compel such payment. In the
case OF Richard NJ. Grant, submitted as test the
facts of which were published at the time the man.
lamus was applied for, the following decision was
rendered this morning by Judge Pratt -" The re-
turn filed by the defendants to the alternative writ
of mandamus does not contain sufficient allegations
to enable the Court to determine that they have done
their duty under the law. There is no denial that
the relator was appointed to office in the Bureau
of County Affairs that his salary was legally fixed
and that he faithfully performed all the duties
during the time for which he claims pay. Assum-
tent for the defendants to audit the bill for any less
amount While it Is true that discretion Is vested
n the Board Of Apportionmcnt and Audit as TO how
they shall audit claim yet 1t Is a legal discretion
and must be exercised faithfully and in accordance
with legal principles. When claimants salary is
he has entitled himself to be paid. 1t may be that
evidence was taken before the Board that satisfied
them that the reator had not rendered the services
as alleged, or that the salary was not fixed by
statute or valid contract, put that does not appear
The return ought to show enough to enable the Court
to determine whether the reduction was made I'M
der the discretion conferred Oh them by the act APP
pointing them, or an arbitrary reduction made in
violation of the rights of the reator, shown by
his papers. The powers OF this Board are anaO-
g0us In auditing claims to those OF the Boards OF
Supervisors In the several counties; and while the
amount which they shall allow on unliquidated
claims Is within their discretion, yet where the
amount Is fixed by law or results from valid spe-
cifc contract there Is no such discretion. The re-
turn does not show upon what principle the reduc-
ton was made. The mere fact that they made o
journed till the sth OF August inst. enable the
defendants to make further return, on failure Of
which peremptory writ may ISSUE"
City Advertising Bills Of the Star and
Irish Democrat.
The star, as will be remembered, applied for a
70 noa of Anal al
and allow its claim against the city for advertising
The Board allowed $4,000 out Of the $6s, 1000
claimed, which was not satisfactory. Judge Pratt
gave this morning the following decision in the
case:-"The allegation In the moving papers that
the work was done under contract is specifically
denied by the defendants. writ Of mandamus
issues to compel the audit OF an unliquidated
and disputed claim at fixed sum. 1t appears that
the defendants never audited the claim, upon the
assumption that there was no express con-
one and dng their tine daVs NT ths
that there was no express contract. II there was
no contract 1t rested in their discretion to deter
mine the Quanttne Ynerutt for the services The
Court cannot In such a case interfere by manda-
mus. In order to justify such interference 1t must
appear beyond dispute that the specific suY Is due
legal right. So far as appears by the papers SUBJ
mitted the defendants have violated no legal prn-
S Slple. The case Of The People ex rel Johnson vs.
Board OF Supervisors Of Delaware county as New
York, 1850, which goes as far in aYording remedy
~ mandamus as any case in this state,
ooes not Justify the claim of the relator In this
mouOn, put maintains the doctrine herein ex-
presseu' me motion must be denied. But as 1t
may pe IN tne power of the relator to establish
beyond controversy the alleged contract he has
advised.n Nv $3.50 ~ -
In the case OF the IRISH Democrat similar
motion was Denied, on tho ground of authority not
being shown for publishing the advertisements for
which pay is claimed 'o
The Rival Irish Benevolent Assocfnt ious
The particulars of the controversy between tho
ST. Patrick Mutual Alliance Benevolent Associa.
ton and the st. Patrick Mutual Alliance Associa.
ton have been fully published and do not reouIre
repetition. The main contest is over some "a 600
which each society claims. motion, as will be
remembered, was made q few days since for the
appointment OF receiver and an Injunction not
Judge Pratt gave his decision to-day denying the
continuing the Injunction till the title to the funds
be decided.
Jim Cusfck Still Held I'm DURANGO.
writ Of habeas corpus, as will be recoIected
was granted on Friday last in the case OF Jim
Cusick, the alleged man-eater, to effect his dis
charge on bail nom the City Prison, where he is at
present confined on a charge OF beating q woman
In West Houston street saloon. BY consent Of
counsel the writ was to-day withdrawn, 1t being