The New York herald., 1873-08-14
LUDLOW STREET JAIL.
Seeking Payment for Supplies for
Prisoners-An Effort to Mandamus the
CcmusroIIer to settle the Bill.

Seeking Payment for Supplies for
Prison crs-An Effort to Mandamus the
CompsroIIer to settle the Bill.
Mr. John Tracy is the Keeper OF Ludlow Street
JAIL One OF his chief duties as Keeper is furnishing
supplies for the inmates This was all well so far,
but the Comptroller somehow took 1t into his head
to object to bill embracing his expenditures for
supplies for a period OF eighteen months. The
amount Of this bill $31,l09 II, which the
Comptroller thought rather 'steep," therefore re-
fused to pay, although the same had been duly
audited by the Board Of Supervisors. AS the
Comptroller would not be brought to terms Mr.
Tracy resorted to the popular modern medium OF
extracting money from the city eXchequer-appl-
cation for a peremptory mandamus against the
Comptroller to compel him to pay the amount:
Mr. Andrews, Assistant Corporation Counsel, ap.
peared on behalf Of the Comptroller, and read an
ailidavt of Mr.. Earle, County Auditor, to the effect
that the bills were presented In such shape that they
could not be audited; that the charges we're eXor-
bItant and Overcharged that on examination an
it, amounting to SIS 4e4, Should at the highest re.
ti prices, be reduced SS,S06 ard tnat he was in
formed Mr.. Tracy had offered to make reduction
Judge Davies in Ellis Gre N, and to the statute Of
lso as A prooss so that no moneys could lawfully be
proved both by the County Auditor and Comp
Mr.. Henry Fl. Anderson, who appeared for the
relator, held that The act OF 1870 reconierred ali
previous powers of supervisors on the present
approved and allowed the bill, the Comptroller had
no power 10 revise their action: The Board might
well, he insisted, be abolished II the Comptroller
could overrule them, and to say that when a de-
mand for payment for county claim is made it
would be sufficient answer for the Comptroller
and County Auditor TO say, "We haven't audited
and approved it," would be q redacttO al absuy-
dam. The duty of the Comptroller was executive,
and he had 10 right to assume judicial power, and
1t was Monstruous assumption o. power. He
went on to argue that the words OF the
statute, that no moneys shall be paid out
OF the Treasury except on vouchers pre-
pared and approved by the County
Auditor and Comptroller, should not be construed
into an intention on the part OF the Legislature to
take all power from The Supervisors and confer it
on one man. II the Comptroller might disregard
the audit OF the supervisors, he might with equal
effect give the same answer TO decree OF the
Supreme Court, that lie had not audited and ap-
proved the debt, and the vouchers were not ready.
Mr.. Andrews in reply, claimed that under the
act OF 1851 and subsequent acts control OF all the
scal affairs OF the county was given TO the Comp.
troiler and that the Legislature finding the Super
visors not sufficient protection Tor the treasury,
had given the Comptroller the right TO reaudit and
re-eXamne as a lurther safeguard for the city and
county.
Alter some further argument Judge Pratt took
the papers, reservlng his decision.