The New York herald., 1873-10-08
TIE MANDAMUS MANIA.

Another Avalanche of Mnndamuses
Against the OBSERVATION-DISCLOSURES
Advertising-Thc Common Council Gold
Badges-Latest Legal Maxim .sMoncy
Once Out of the City Treasury, and 1t
Is Gone Forever"
The sudden change in the weather, fortunately
SO hostile 10 yellow fever and nearly every other
kind OF epidemic, seems to augment rather than
diminish the mandamus epidemic which has lately
broken out with much virulence In the courts.
There a perfect rush of this class OF cases
yesterday in Supreme Court, Chambers, before
Judge Barrett.
A NEWSPAPER CLAIM
Opening the bah was the claim for $4,000 by Mr..
FeOdOr MiersOn, proprietor ofthe Ne,c Yorker Jour
naL for city advertising. Mr.. B. +. Russell, who
represented the claimants, some days since pro-
cured an alternative mandamus in the case against
the Comptroller. Mr.. Andrews, Assistant Cor
poration Counsel in making the return on behalf
OF the Comptroller Iailed to present any valid OBJ
lection 70 payment oil the claim, and therefore Mr..
Russell asked ior peremptory mandamus direct
ing the Comptroller to pay the money forthwith.
The application was granted and Mr.. Russell went
AWAY smiling as basket OF chips at his victory
Nvei the Comptroller
THOSE GOLD BADGES FOR TIE COMMON COUNCIL.
The firm OF jewellers VINO furnished lorty-nine
gold badges for the lorty-two members OF the Com
mon Council Of 1870 for which they charged 800
piece, persistent III their efforts get their pay
They brought suit last spring before Judge Barrett
then holding trial term. III which they sought TO
get the money from the city. This suit was dis
missed the ground that there appro-
pratlon from which TO pay the money Defeated
but not discomGted application was made by Mr..
II. Il. sawyer on their behalf for q peremptory
mandamus against the Board OF Estimate and APP
portIonment directing them to issue bonds for the
payment OF the claim. There was quite not con-
test between Nr. Sawyer and mr. Andrews in the
matter, ana then the Judge took the papers.
AN AVALANCHE or CASES.
Hardly had Judge Barrett laid aside the papers
IN the above case for his subsequent judicial exam
in his hand a formidable bundle OF papers. He
went on to say that the bundle OF papers he heli
IN his hand contained applications for twenty
mandamuses against the Comptroller; that he had
only been retained by the Comptroller on Satur-
day last to resist the applications; that some half
million OF dollars was involved in these claims:
that the papers were voluminous; that many new
and important principles OF law were involved,
tt0ns ana prepare his answers.
Judge Barrett asked how much time he wanted.
Mr.. Hawkins SAID that he would want at least
twenty days.
Mr.. Abraham r. Lawrence said he had been en-
gagged to apply for some OF that mandamus; that
the papers mad been served on the Comptroller ten
days ago; that he failed to the propriety OF the
Comptroller letting these papers lie on his desk
see da1s hen tha pyg nny IN 10
counsel and expect that the Court would grant all
the delay asked tor. He was willing to grant any
reasonable courtesy, but he insisted that he liiaw
kins) was asking too much
Mr. Hawkins made another long appeal for delay
Insisting that when so much OF the city's money
Is at stake there should be given abundant time
to examine into the facts OF each case. He
announced in conclusion the proposition that money.
once out the city treasury 1t is gone forever, and
that in the treasury 1t Is safe.
Mr. Andrews also came to the assistance Of Mr..
Hawkins and set forth the great multiplicity OF
mandamus cases. He said that they now were
coming in in perfect avalanche ana ne hoped the
Court would give time to prepare to meet those
claims.
Judge Barrett said that under the circumstances
he could grant no further time than till next Mon
day.
Mr.. Hawkins--I can't read the papers over in
that time
Judge Barrett--The Comptroller should have
Thought OF that and not lett the papers long
noticed on his desk.
And still they come.
AS soon as this matter was over six more man.
damuses against the comptroller were submitted,
including that OF George Ii. Purser, 1or fees as
clerk IN street openings The counsel for Mr..
Purser said that Ills Client wanted his money.
Mr. Hawkins said tnat ne had been engaged to
oppose these cases and as Mr.. Purser had already
obtained about 81, 100000 from the city. he did not
think he could be suffering much for want OF
money.
Judge Barrett asked when the papers were
served
Counsel answered that they were served four
teen days ago.
Judge BARRETT Will give two days in which to
prepare the answer.