The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-24
THE DEPUTY CHAMBERLAINsHIp

Lengthy and Exhaustive Opinion by
Judge Barbour, of the Superior Court,
the PaImer-Foley Injunction
Comptroller Green Building Too Much
on the Charter OF 1870 and Paying Too
Little Heed TO Prior Statutcs-Hls APP
pointment of Foley Deputy Cham
berlaln Declared Invalid and Void
Proposed Appeal from the Decision to
the General Term.
A matter involving such questions OF grave con-
sideration as the dispute between Mr.. Palmer,
City Chamberlain, and Mr. John Foley, or, which it
really Is, the dispute between the City Chamberlain
and the Comptroller, as to which has the right to
appoint a Deputy Chamberlain Judge Barbour OF
the Superior Court, before whom the controversy
was brought for legal adjudication, could not, it
seems, let pass without giving in detail the
grounds governing his decision. As far as dsposing
OF the question of the injunction asked for by Mr..
Palmer restraining Mr.. Foley from attempting
to discharge the duties OF Deputy Chamberlain by
virtue of his appointment to this Office by the Comp
troller he holds that the Court has full Jurisdiction
IIls reasons for sustaining the Chamberlain are
clearly and succinctly given ana fact are full and
exhaustive upon all the legal points involved in the
case AZ submitted to him. In view of the impor-
tance attaching to the case give his opinion en-
tire.
OPINION OF JUDGE BARBOUR.
This Is motion for an injunction pending the
litigation OF ali action The complaint alleges sub
stantiaIy that the plaintiff is the Chamberlain Of
the city OF New York, and that in the exercise and
performance OF his duties and powers as such OH
Ger he did the 16th OF May, 1872 appoint Walter
Il. Palmer to the once of Deputy Chamberlain OF
the city, and that the latter has since been and now
il exercising and performing the duties of such
onice; that on the 9th of January instant
S,a lafonn frfru -
60 take possession of the ONCE of the
Deputy Chamberlain, claiming from the plaintiff
the right to be received and recognized as such
deputy, and upon the plaintifrs refusing so to re-
cognize aud receive him then gave notice and pro.
claimed that he intended, at all events to exercise
the duties and powers OF the Office OF Deputy
Chamberlain. The plaintiff further AYERS that
there is annually paid into his hands as City Cham.
berain and County Treasurer at least
FIFTY MILLIONS OF DOLLARS,
several millions OF which constantly in his
hands, and that IL is his Official duty TO carefully
preserve, safely keep ana disburse the same ac-
cording TO law; and that the intrusion Of the de.
PENDANT into the said oflce, and his con.
tinued persistence in exercising the powers
of a Deputy Chamberlain. are calculated 10 pro.
duce great confusion in the City and County Treas
ures, to hazard the safe Keeping, &c, OF the public
the Paintn. The complainant therefore prays
that ue defendant may be restrained rom
lntrudlng into the said ONCE Or exercising any Of
the functions OF the oGlce OF Deputy Chamberlain,
ana lor general and further relief, and also asks
Ior an intermediary injunction restraining the de-
Ienuant ds aforesaid peTadette ltte. None OF these
ancgauons are oeuied In the answer except the
comments touching the appointment, &C., OF Wal
Ter b. Palmer as Deputy Chamberlain which are
DENIED; and The defendant AYERS that ne was on
the oth day OF January current duly appotu ted by
tile comptroller OF the city 70 the Office OF Deputy
Chamberlain, and thereupon took the oafh M
once furnished the security required by law. and
entered upon and has since exercised some OF mo
powers and duties Of sucn ONCE The defend.
ant also claims IN bis answer that Walter "a
Palmer the Mayor, Aldermen ana commonaltv NJ
the city Of New YORK and the people OF the Siatn
are parties TO the action. The objection taken AZ
tile hearing TO the
JURISDICTION OF TIE COURT,
npon the ground that the action brought 10
determine the title 10 Office, cannot be sustained
~ IL true the complaint alleges that Walter H.
Palmer has been duly appointed and Is, in fact, tie
Deputy Chamberlain, and that the depeDent IL not,
although he claims TO be. such officer. But II does
not ask the Court TO determine the CONNECTING
claims Of Walter b. Palmer 20 the ONCE, but only
that the paintn may be protected IN the perform
ance Of the duties and Obligations imposed upon
him ny law. bs means OF az INJUNCTION AGAINST such