The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-09

The Comptrollcr's Attempt TO Override
tho Ch.mberlain Law-Legal Proceed
ings Commenced.
The Comptroller and Mr. John Foley, who
claims TO have been appointed Deputy Cham
berlain, not having sufficient confidence in
their case to commence proceedings by quo
ooarranto to obtain possession of the Office,
Deputy Chamberlain Palmer, who is determined
to bring the pretensions of Comptroller Green
to the test of the Courts, has applied to Judge
Barbour for an injunction to prevent the at
tempted intrusion into his Office. An order
to show cause why such injunction should not
issue has been granted by the Court, and is
made returnable tomorrow. The following
is the law Of 1866. chapter 623, setting forth
the duties of the Chamberlain in regard to the
city deposits, creating the Office of Deputy
Chamberlain. providing how he shall be ap-
pointed, how his salary shall be fixed and
paid, defining his duties and fixing the
amount of his bond We give the law entire
in order that our readers may be fully pos
sessed of the points involved in the last legal
contest forced upon the city by Comptroller
SECTION 1.-The Chamberlain OF the city OF New
York SHALL By written notice to the COMPTROLLER q
wcS M no sss
Comm0nalty Of said city and county Of New York
shall be deposited and may By IKE notice IN writ.
designated. All moneys raised by taxation upon
the property real and personal In said city and
of every kind shall be deposited In the three or
more banks thus designated. Such moneys may be
warrant drawn by said chamberlain and counter
signed by said Comptroller, SO as to equallze a.
near az possible the amount on deposit In each; -
ances in each the once rent Of said chamberlain.
deputy chamberlain, all Of whom che said Cham
berlan is hereby authorized TO appoint and dls.
for the faithful discharge Of his duties IN sum
equal to that given by the Chamberlain, With sure
ties to Gs ~ ~ tine saa @ a anS
exercise all the powers and be subject to all tho
duties and responsibilities Of the Chamberlain ex
cept that he shall not designate or change the
banks o. deposit designated as hereinbefore pro-
vided. In case OF . vacancy in the ONCE OF said
IL the S s1S ssa suos a%s
until such vacancy shall be filled.
The business Of the Chamberlain's Office ia
transacted under the above law and under
that alone The city and county moneys are
deposited in three banks, in accordance with
its provisions. The Deputy Chamberlain is
appointed, paid and performs his duties under
its authority. Comptroller Green recognized
the existence of the first section of the law
only few days ago, when he called the atten-
ton of the Chamberlain to the designation OF
the bank of deposit made by the latter officer.
orI ho ,oI Aho Mt fCp
the transfer Of large amount of the city
moneys from the Tenth National to the Broad
way Bank. The Comptroller recognized the
existence of the second section of the law
when he attempted to appoint Deputy
Chamberlain, and when he fixed the bond Of
his appointee at two hundred thousand
dollars; for only in the second section Of
the law of 1866 is there found any authority
for the existence of such an officer as Deputy
Chamberlain, or any provision in regard to
his official bond. The only claim that can be
made by Comptroller Green in support of his
right to appoint u.s. therefore, that such part
of the law of 1866 as gives the appointment Of
the Deputy to the Chamberlain is inconsistent
with the general power of appointment Of
subordinates given to the heads Of the several
city departments by the charter of 1870, and
hence is repealed by the repeating clause Of
that charter.
The untenableness of this position can be
readily seen. The Deputy Chamberlain
created by the law of 1866 is not, in fact,
''clerk, officer, employs or subordinate in
the Department of Finance. He is IN officer
specially created, not paid by the city, but
clothed by special law with all the powers,
duties and responsibilities Of the Chamberlain
in the absence of that officer, except the power
of designating the banks of deposit, and re-
quired to exercise and perform all the powers
and duties of the Chamberlaincy, including
the designation of banks Of deposit, during the
existence of vacancy in the principal Office.
For the security of the city he Is required to
give bonds in an amount equal to that required
of the City Chamberlain. The charter of 1870
specially prohibits the Comptroller from ap-
pointing or removing the Chamberlain, recog-
nizing the sound and well-established principle
that che two ofices-that which has the power
to draw warrants and that which holds posses
sion of the money with which those warrants
are paid--shall be kept separate and indie
pendent of each other. The law Of 1866 car
ries out this principle by providing that the
Deputy Chamberlain, who is to perform the
duties and exercise the powers of the Cham
berlain under certain contingencies, shall also
be Independent Of the Comptroller. Hence it
would appear certain that the law Of 1865 ia
not in any of its parts inconsistent with the
charter of 1870; that, on the contrary, it is in
entire harmony with its letter and spirit, and
hence is not repealed by the general repeating
clause of the charter.