New-York tribune., 1873-01-23
THE COURTS.
THE CHAMBERLAIN SUSTAINED.
John FoLEYs APPOINTMENT CONSIDERED IN
: - VALID

,ouv RoIrYis APPOINTMENT CONSIDERED IN
VALID.
r, tho case of Francis A. Palmer agt.
~ ro,ev Justice Barbour Of the Superior Court has
c,od an elaborate opinion, In which his reasons for
restraining the latter from acting as Deputy Chamber
,, are fully stated. He decides that the objection
tn AZ 70 the jurisdiction of the Court cannet be
,nod IL was not necessary that the Court should de-
,o,mpe on this motion whether Walter b. Palmer IL OF
% no, Deputy Chamberlain except inerential evi
denoe The question whether the defendant is
really the Deputy Chamberlain not is.
he adds, g very important In the contro-
yersy, as 1t constitutes the sole ground OF his
defense by way Of Justification 1t being the defendant
who raised that question could not be claimed by him
that the action brought maintained by the plaintiff
for the purpose OF establishing determining the title
to Office. He also decides that the Mayor and the
People Of the state not necessary parties TO the
action that t is the personal action Of the plantn as
an individual and 1t be maintained upon no other
theory than that he entitled upon the facts set forth in
the complaint to relief by way of Injunction as matter
Of private and personal right
BE holds that by statute the City Chamberlain Is IN
fact the treasurer Of the corporation the name I'M
ports and custodian OF the moneys derived from taxa
ton and belonging to the State that II s his duty not
only look carefully to the safety Of those moneys but
money paid out in excess OF the proper
appropriation therefor though he may be required
TO do by the warrant requsiton OF the Conroer
countersgned by the Mayor and that IL the plantn
shall either winfuy neGgently permit the moneys in
the treasures 70 he withdrawn there from by any one
except himself or by q properly and duy qualheu
Deputy Chamberlain he will be personally liable for any
loss In regard to the legality Of John Foeys appoint
ment he urges that the legislation in this State In rea-
ton the local government and management OF coub
teS towns cities. and villages lrom the earnest peiiod
It's history down to the enactment OF the so-cleu
charter OF this city in 1870, shows that IL mas always
been a fundamental principal in tho policy OF the state
nj
the public moneys should be placed DeyOnd he covi
and power OF those officers who were charged WIN
the duty OF auditing claims and directing Ie
payment thereof, IN so lar at leas5, as ,s oun
In view Of that long pursued and well established course
OF legislation Is reasonable 10 OeneNe tat the ld
ure TO insert exception OF the Deputy Chamberlain IN
the first paragraph OF the hrtysecond section OF the
charter OF 1870 the result of some accident or mere
clerical omission than that IT was so designed ana IN
tended 10 be by the Legislature The principle OF thus
separating reasurers from the accounting onoers was
probably adopted and has been long adhered 10 IN orde
10 guard against cOuon between those two classes OF
officers; while, clearly the power OF appointing and re-
moving the Deputy chamberlain might enable alsnOn
est Controller at future time, TO rob the Treasury
of millions by means Of his own appontee. Inc aet o.
1856 not only authorized the 10 appot @ no
deputy and clerks and TO fix the salaries OF those
ment OF the salaries and Office rent was wholly uneetea
by the act Of 1870 and indeed, 1t Is understood Is now
existing law. While the first paragraph oi section o.
TO the salaries OF the officers ana clerks
who are there authorized 70 pe apPU,R'1o pIon ~
so far the Department OF FINANCE, groups
of such aDpOlntces together,
the clerks and officers the office OF the chamberlain
whose salaries TO be paid by the banks under he
act Of those whose salaries were chargeaDle
upon the city treasury Hence the clerks and ocers IN
the bureau of the Chamberlain were not lnIended Dy
the Legislature to be and were not in tact included
within the power appointment and dismissal, which
is conferred upon the Controller by secloh Sl O Tue
charter iof lsO and 1t follows that the alleged appoint
ment set up by the defendant In his answer as Ills SOLO
defense TO the action, is invalid and void
Mr. southmayd Controller Green's appontee as book
keeper in the Cnamberlan's Office, again attempted,
Yesterday TO take possession of the bookkepes desk
in that office, occupied by Mr. Rockwell Mr. Rock
well refused surrender it, and Chamberlain Palmer
Informed Mr. Southmayd that he would recognize one
OF his snbortinates appointed by the Controller
After remaining for short time Mr southmayd leit Tue
Office.