The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-10-09
THE FIRE COMMISSIONERS AND THE COMP.
TROLLER

motion for a mandamus to the Comptroller, re-
quiring him to pay over to the Fire Commission.
ers, their requisitiOn, $l25,O0O was argued yes
terday In Supreme Court Chambers, before Mr. JUS
tice Barrett. The application is based upon an
afidavit Of Mr.. Hennessy one Of the Commission
ers, stating that the expenditures OF the Depart
ment for 1879 were fixed by the Board Of Estimate
and Revision, and that the necessary moneys con-
tinued to be drawn, by means of acquisitions upon
the Comptroller, until July last, when the Comp
troller declined to pay requisition for 100000,
taking the ground that whatever money necessary
to be paid on account Of the Fire Department
was to be disbursed through him, and
refused to recognize the right Of the
the Board to disburse their own moneys, insist
ing that the payrolls should be submitted to and
adjusted by him and that he should issue bis check
or warrant for the amount he was pleased to allow
for such purpose The Board, in order to avoid the
Inconvenience and suffering which must ensue to
the men, was obliged to accede to the Comptrolers
requirement They submitted the question to the
Corporation Counsel, who decided in their favor,
saying that II it was the intention Of the Legisa
ture that the Comptroller should be the general
paymaster of all the employees OF the departments
1t would have said so distinctly and that the eighty
fourth section OF the charter transferred all the
Mr.. Wheeler H. Pcckham on the part OF the Comp
troller, argued that the eghtyfonrh section OF the
charter, which provided for the transfer OF the
powers OF the Metropolitan Fire Department
to the President of the Fire Department OF the city
of New York, referred simply to their general pow
ers in relation to extinguishng fires, such as have
been held by all previous organizations of the Fire
Department of the city, whether State or local. and
did not in any way transfer to the present Fire
Department the organization of the metropolitan
department or the powers given to any OF its
officers, which were referable to or connected with
the organization; that the old Metropolitan Fire
Department required the Comptroller to raise
money and pay it to the State Treasurer, ana the
State Treasurer was required to honor the requsi-
tion Of the Treasurer of the Fire Department., and
that II section "a OF the charter provided for the
transfer OF the powers OF that organization 1t
would now be the duty of the Comp
troller to pay the money raised for the
State Treasurer instead OF the Treasurer
Of the Fire Department. 1t was claimed that the
charter, by article and section l20 repealed all
powers OF that description and the act OF 1885, and
gave the Finance Department authority to audit,
revise and control all accounts against the city in
Cured by the Fire Department, and that there is
no law at present existing imposing upon the
Comptroller the duty or allowing him to pay to the
Fire Commissioners the gross sum appropriated;
claims incurred just as he pays those Of the De-
partment OF Public Works any other depart
ment, except that OF PARKS which by special law
has authority to pay their own disbursements.
Mr. John G. Burril will present the case on the
part Of the Fire Commissioners to-day.