New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-09-24
A BUNDLE OF MANDAMUSES.

JUDGE FANCHERS DECISIONS IN IMPORTANT CASES.
Judge Fancher issued, yesterday, large
number Of decisions in argued before HIM affecting
the Controllers Department. rendering opinions in each.
The first is that of James Hoggins, who was clerk
TO the Commissioners In the Of the road north OF
Northumberland fftyffth-st, extending to the inter-
section OF the Kingsbrdge road. The report OF the
Commissioners confirmed on June 8, 1879 and among
the items OF expenses taxed and allowed
bill OF $500 for the REALTORS fees and services
clerk. The Controller refused to pay his claim,
and only submitted under order OF the Court.
But now il was the clerks turn, and he refused to ac
cept the warrant unless interest and costs Of the man
damus paid. 80 1t came again before the Court,
and Judge Fancher says: "Tne motion should be de-
MED on payment $40 COSTS provided the warrant for
the 81 800 be delivered to the reator demand He is
entitled to $40 costs OF the motion, forasmuch the pro-
ceedngs were instituted before the warrant was offered
TO the reator."
The second case was John b. Dolan's mandamus for
the balance OF his salary Grand Jury Clerk from
July 1871, to February 1873, amounting TO $500 Judge
Fancher says 81 think the relator employee Of
the County OF NewYork within the meaning OF Chap.
$50 Of the law OF 1871 and that the regulation OF his
salary by the Board OF Apportionment was lawful The
motion for nandamus must be denied with $40 costs"
The third the mandamus OF Avian W. Lockwood,
for the payment OF slS9 u.s. for supplies furnished by
him this County and delivered at the sherHs office in
July, 1874 The bill was allowed by the supervisor on
Aug 1872 and their resolution was approved by the
Mayor Judge Fancher "ilhe objection that the
articles ordered by the Sheriff aud not by the
pervisors by the circumstances that tho
Supervisors have audited the claim and thereby adopted
aud approved the action OF the Sheriff in ordering the
goods The motion for mandamus should be granted
with sl0 costs. -
The next three are the cases of William C. TraphagaD,
John McClaye, and William A. Seayer, who sevcrally
applied for OF mandamus against the Controller,
requiring pay the allowances made 10 the re-
ators Commissioners in the proceedings 10 open tho
Public Drive from MISUNDERSTANDING fthst. to the
Kingsbridge Road Judge Fancher says; On June 8,
1873 the report of the Commissioners was confirmed,
and the costs and expenses were then taxed at 5000
each. Considering the extent and the character OF
the services of the REALTORS, the Items allowed
been generally allowed for similar services. Their
work was performed with expedition, and 10
the apparent satisfaction OF all parties Interested
But the Controller contends that chap 49, Laws OF 1862
d. &c., limits the compensation OF the commissioners To
80 cenisper foot for the nea extent OF the avenue
opened At this rate the total compensation 10 each
Commissioner would be only 1882 81, an inadequate
sum. boulevard is not technically street. avenue. or
highway, though a carrage-way over IL is a chlef Tea
ture and like park set apart for ornament EXERCISE
and amusement and Is not street or road, though
carrageway passes through IT, think therefore, that
OF does not apply TO the proceedings in
this matter that the allowances made to the CON-
nandamus made by the REALTORS should be granted, with
$40 costs In each case"
The last mandamus Is that OF VIM. Jarvis, a book
keeper the County Bureau with salary or $50 per
month, In October, 1871, he was dismissed by Mr.
Green, then Deputy Collector. He demanded O man.
damus for months salary, and Judge Fancher de-
MES it on the ground that having been appointed by
the Controller the REALTORS claim Is against the City OF
NewYork and the county and that his appropriate
remedy A by suit against the city.