The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-07-17
THE O'BI.IEA CLAIMS AUDIT.

The Claimants Obtec ti0ns to tho Audit
Com ission-Hc HAS Never Been No. i
fed Of Its Com post tOM.The Boa rsl
Plays 'snap'' ANA Give Judg ment
A-ainst Hin--Oniy $4,000 To Be
Fought Fur. 80 n-. r
At tie time when James O'B.ien was Sheriff of
the county OF York law Was passed o. the Legis-
lature awarding man the power to exact q lee OF
thirty-seven and q hall cents nom the equity Tor
each commitment and seveny-iive cents for each
discharge u . prisoner IN his custody. From Jauu-
ury |, 1865, 10 December II, $50 period oi Just
two years, there were appropriations out
OF which the ices could be raid, ana they have not
nee been paid There has ueen much discussion
the SUBJECT since the deb amounting to SAG. ouV,
accumulated and O'br.en made several
attempts to obtain pays.ept OF the amount uue.
without success. HAD he never quarreled win
Tammany ne vVuh uave oeen paiu on.; ago.
The last Legislature passed a law creating a COM
H. !ss.on, however, 10 cSdini and AUDIT MS cai MS
ana TIE CoulihlSsG0n elu tEer .Oul sn meeting yes
teraay la .he o,u supor.sor2 c amber. ~ nc Now
Court House .'iea, Il .--onlin. sS.OncrS ". Ii. ker
nlye, 5otn i. aGWa.adet ana W. A. Boon.
Mr. JANIS Il. DeeiIpg appeared On eehau OF Mr..
o'Btie" auu rsat a pa er p oLestins as .Oii0ws:-
LA. ng res ~ Il co.n,iun cation daOed J.he -,
10. seized ar. NefinA, e, air. CAD walauer and
MI. Boor', submitted the same, at tne feques Of
ms ehel Mr. U'DiI O, W the private cou"s:i OF
the .dEte iJr opin.on iau dlrecton IN I've matter.
MJ aet.on TO-DAY IS i'll accordancc with the auv,ce
gwen 10 VI. O'brsen o. saii COUNSEL Air. o'Dr,en
was ADVISED A. The Governor tnat he had APP
pointed as cohl.n'sson-is, pursuant TO the pro'i-
slons OIL chapter 80 VI The laws o. 1915, Mr. Ver
miyc, Mr.. Cad~aladef aud Mr.. land. Witi these
COMMISSIONERS 4, AS INSTRUCTED BY Mr.. O'Brien,
NE. ms cain wuhn lne time allowed ny the
statute. MIR. II nd aeted as a ommissi 'ner IN re-
ceiving the cain filed VITA HIM. 10 no Commits
s,oner Utner Than thuse 4 nave nentlonel mas any
calm Oh ar. JBrlen ben presented. IL Is now
STAGED That ,ir. ooOt has Deen appointed ny tAe
Al a. Al HIM. ~. m n
pom tineat ar OB.ien has not Deen advised w the
Governor IL Mr.. itand was APPOINTED aud acted
Governor had No toner uuoer tue statute
or ny the general laws OF tie state to ap-
po,nt u SUCCESSOR. II air. dana was not appointed
ny inc GVVtlnor. ana on Tie asstin. tiOl tndt the
Ouiy appointment OF comm ssloaers which the
Governor maze was o. tic gentieuien who received
tae communication reie.Ted 10 vi June IS last,
counsei Is o. opinion ,nL this Com InissiOn has not
and Cannot now Acquire lu tsd1ction In tne matter.
Tue lime allowed by statute or presenting Mr..
Obren'S claim 10 the COMMISSION mas exglred
anu no Claim has been presented. For tns
result Mr. u Brien Is In sense TO blame. As in
t.ese circumstances any award wmch might De
maze ~ Tue Commission could not DC enforced,
dr. OBfen. is ADVISED by MS Counsel, can taAe no
action whatever IA the matter Deiore Mr.. Nermi-
I've, Air. CaaH aiader aud ar. Booth" 49,.
The Comptroller said That lie appeared for the
city, and was readS to proceed.
The CHAIRMAN OF the commission read the follow
ing as their nnuing, alter waicl the Commission
adjourned sine de - +--s.
AS TO whether James O'Brien has presented his
tidim w tuC OUiuiuiSSiUu Us HOW OIBduiIeu, uuu
whether the Commission had power TO proceed In
case Mr. O'Brien ueciined w appear-to each OF
when questions the Attorney General had replied
IN IN opinion In the anirmative-the Cominis-
SION, being advised upon TINS matter,
have become satisfied that IL Is their
duty to proceed in the matter. formal notice
was, therefore, upon the 18th OF july, personally
served upon Mr.. U BTien, copy beng also served
upon Mr. Deerng, his counsel, July y, statlng tnat
tle Commission would meet upon July 10, az two
O'Clock r.. NJ, to proceed with the audit and
adjustment OF the Claim so presented and would PC
prepared to hear any evidence offered In support
OF the CLAIM presented. and, IN case no evidence
should be oIiered TO SUSTAIN the claim would
make nnding or audit IN accordance
herewith. lie (dr. O'brien) has failed
and refuses 20 appear. The Commission are Oh the
oinion that 1t Is thesr duty 10 proceed, and there
fore, mud and direct THAI James O'Brten mas pre-
senLed to the said U0mmissicn appointed under
chapter $40 OF the laws VI 1873 MS claim as required
by the provslons Of the act, without evidence to
support 1t, and that, upon the audit and ADJUST
nient thereof, further ind and decide that no sum
whatever has been shown to be legally due James
OBrien late Snerif OF the city and county Of New
York"
a formal certificate in accordance with the pro-
vision oil the statute will be forwarded to the
Governor aud TO tae Comptroller Vi thecity o. New
YORK.
The matter will either 60 to the Courts or come
before the Aext Legislature agattaQs Hi