The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-08-27
SUPREME COuRT-cHAMBsRS.
Pay OF Sherin's Marshals at the Court
OF Oyer and Terminer.
Iud

SurhEMC VehI-bnRWbcnS.
Pay OF sherin,s Marshals at the Court
OF Oyer and Terminer.
Before Judge Barrett.
As Is well known, the judges of the Supreme
Court holding Oyer and Terminer have the power
to appoint the officers in attendance upon the
Court, and in case of their failure to do 80 the
Sheriff makes the appointments The judges, how.
ever, have failed to exercise their prerogative in
this regard, and thus this duty for years has de-
v0lved on the Sheriff. and in fact has come to be
regarded as part of the patronage of the latters
the duties were light and the pay good Everything
went on smoothly until Comptroller Green obtained
custodianshp of the city finances and rs such re-
sisted payment of the men thus appointed. There
are, including appointments by Sherins Brennan
and O'Brien, nnety-three men claiming pay as OFF,
been prepared, the relator beng Thomas Smith,
and 1921 the amount OF his claim. few days ago.
as will be remembered, application was made at
this Court for mandamus against the Board OF
Audit and ApportiOnment to compel its payment.
Meantime pursuant to the request of the Board,
ion in the matter setting forth the entire legality
Of the clam and the obligation of the
msena to Of AUDIT s Board NV Vain the s
to audit and allow it, but the other two Commits
sioners voted against 1t. Upon this action of the
mandamus against the Board directing it to audit
and allow the same The case was argued at
He showed the legality of his appointment; that
the services required had been rendered.; that
certificate to this effect had been properly made
out that the claim had been passed upon by the
Board OF Supervisors as legal claim against the
city and county; that the Board of Audit by statute
as thus allowed, and that all the latter Board could
do was TO audit and allow it, He cited various
authorities on the subject in confirmation of his
gument. to
Mr. O'Gorman said he had already committed him
self In his written opinion sent to the Board OF
Audit. He had advised them that the claim was
thn nrpsn mill
ton.
Judge Barrett stated that the law was very clear
on the point, and that there no other course
Tor him under the findings OF the Courts than 10
order peremptory mandsmus to Issue, which he
did
Similar mandamuses will issue in the remaining
cases.
at is perfect outrage" said gentleman. 'that
the Comptroller should pursue the course he does
In this matter"
How soS'' asked gentleman OF nquirng mind
at is an outrage on the men, in the first place.
answered the former gentleman, Excepting the men
50 long out OF their money and an outrage on the
people, in the second place, because these manda.
muses. will cost the city $50 EACH"
And this is what you call reform government
muttered third party 'For my part think we
are getting about enough OF it,"
Snln ries OF Clerks I'm the Corporation At
tOrney's Office.
The clerks OF Thomas c. Fields, Corporation At
tOrney, are having trouble about their pay. There
are ten OF these clerks, and their salaries including
year. The Board of Audit and AppOrtionment, in
regulating the amount OF annual appropriations
for the various departments of the city and county
government, fixed that OF this bureau at S2l 900.
Dlsregardlng this cutting down process. the pay
roll was kept up, and the result has been the re-
usal of the Board OF Audit to audit and allow pay
ments OF the salaries as thus kept up. The
clerks, accordingly, sued for their salaries. The
answer was That the amount asked for exceeded
the appropriation. This was dcmurred to- and the
question came up yesterday on the demurrer
Mr.. Beach, for the clerks, insisted that the Comp
troer by statute fixed the salaries that the same
had not been changed, and that the Board OF Audit
had no business to fix the appropriation under this
amount Mr. O'Gorman urged that the Board OF
Audit had the right TO determine what should be
the amount appropriated for his bureau and that
the salaries should not aggregate over this amount
Judge Barrett sustained the demurrer ana held
that the Board OF Audit had 10 right To make the
appropriation less than the sum required Tor pay
ment of salaries as fixed by the Comptroller pur.
suant TO prior enactment.
Judge Quinn Looking After His Pay.
Judge Quinn holds judicial reins over the First
District Civil Court. He claims nine months
salary. The dispute Is to the amount to which
he is entitled. Under an increase by the Board OF
Supervisors he claims $4,000 a year, while the
Comptroller Is willing to pay only $5.000 salary.
The matter was brought to suit and Judgment by
DEFAULT entered against the city for the full amount
claimed. Motion was made yesterday on behalf of
the city by Mr.. O'Gorman to have this default
opened. lie insisted that no Judgment could be
entered against the city unless motion before u
Judge OF the Supreme Court or upon verdict by %
jury. He claimed that the Judgment was Irregular.
II was, in fact, "snap Judgment although he
would not accuse Judge Quinn With wishing TO take
any unfair advantage. Judge Quinn, who took
up the cudgels on his own behalf, showed that
he had taken no advantage, but that lie
gave prompt and ample notice OF every legal step
taken on his side. He did not wish to take any adj
vantage, but was willing TO have the default
opened. The case was one, he contended, that
should not come before jury, but was simply
question Of law as to the amount OF salary he was
entitled to. AFTER hearing the argument the Court
granted the motion, opening the default on cond-
tlon that the question should be argued before the
Court on an application for a mandamus directing
payment OF the full amount claimed.
Decisions.
Thompson VS.. Langdon @fhe plaintiff may take