New-York tribune., 1873-01-18
THE COURTS.
THE PAIMER-FoLEY DISPUTE.

ARGUMENTS OF COUNSEL-DECISIoN RESERVED.
There was a resumption, yesterday, of the
leng argument before Judge Barbour in the Superior
Court the two sides of the question whether the
appointment to the Office Of Deputy Chamberlain
within the province Of the Controller the Chamber
lain himself under the charter Of ls7o. Mr. srahsn
argue in support Of the Controller citing number Of
instances in the Departments Of Public Works and the
Tax Ofaoe where deputies were appointed by the Con
troer and no question raised to the validity OF
such appointment under the charter of Judge Bar
bOur tnterpolaed that he had discovered the ex
isence OF general statute, vidng that deputies IN
oee shall be appointed by the principals unless other
vise specially provided for.
A p Dyett who appeared in behalf OF Mr Foiey' loi
lowed Mr. strahan out instead OF continuing the gu-
In reference TO the night OF the Conroher 10 ap
point deputy said that general question had been SO
fully argued the former motion that ne consuereu
exhausted He accordingly confined himself 10 the
right of Mr. Palmer maintain this form OF proceeung
Under the decision in 9th Of Paige no Judgment could
be rendered in this except such as would determine
relative rights Of Mr.. Foley and Walter b. Palmer 10
the Office OF Deputy Chamberlain and such determine
ton must be reached by quo iodTdro, and not by COL
lateral proceedings by way OF an injunction.
Judge Barbour said the relief sought was to prevent
the defendant interfering with the business Of the
Chamberlain's office, under Of title OF Deputy
Chamberlain, thus endangeriDg the public moneys for
the safety Of which the Chamberlain was under bonds
70 respond The assertion that Mr. Foley bas right to
the Office part Of the plaintiffs complaint, and II u
appears therein i is merely surplnsage and can be
struck 1t is the plaintiff who mp title by way OF
ustfyng the intrusion therefore IL cannot be com
planned by the defendant that the question is considered
BY the Court II he wished TO test bis title 10 the once
Of Deputy Chamberlain by writ Of quo rdrTGnto ne
could do 1t even ian injunction should be pending
which directed that he should not intrude or medde
with the business OF the office.
Mr.. Dyet said that generally the decisions had been
10 the effect that while principal question at issue
was the title to public Office stu that question Inust
he determined by proceedings in the nature OF VIII OF
Oaxo and nv guCl proceedings only.
EX-JudCe EdmOnds, in taking MS turn at the argu-
ment behalf Of Mr.. Palmer, said rather emphatcay,
that this was an attempt OF the defendant TO take pos
the year-from the Chamberlain, who has qualneo
in bonds Of $1,000 and to cotfaos4 t[@GSisr
who has gwen bonds in only $4,000 No man appointed
20 city Office could be called city o1leer untl ne
done. What other side had said in reference TO the
Controllers asserting TO the contract with the banks OF
deposit was wrong, because the system came grs1u.
into adoption during Chamberlain Devn's adminlstIa-
Judge Edmonds alluded also 10 the fact that the law
fixed bond Of the Deputy Chamberlain at the same
fSed Mr. Foeys bond at S26cOO Mr Dyett interrupted
by reminding the Court that Walter B. Pamers bond
no larger. Judge Edmunds, resumng, SAID IL VS.
an attempt of Mr.. FOley's TO exercise the
duties OF the Ohce, and the Chamberlain had the night
20 prevent him. though he came in with undlsputed
titie The speaker Characterized as absurd suppOsi
that the Court afforded remedy 70 force the ue-
fendant TO take proper proceedings ana the present a
plcatOn precisely that remedy. A.,
Judge Barbour said the two questions We're whether
the Chamberlain could not come IN and sustain tnls SUIT
IN order 10 protect himself from ndlvdnal loss, anu
second whether Mr. Foley was in fact Deputy Chamber
Judge Edmonds continued at some length. during
he inquired why the defense did not resort 70
writ quo tcGT0ntO They had openly avOwed that they
would take out writ. BE believed that what ne
wanted do TO take the Office by force After re-
ply 10y Mr Dyett the argument closed and the decs0n
reserved. Mr. Foley and Mr.. Palmer we're both III
Court