The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-03-07
MORE MANDAMUSING.

Tide or Mandamuses Against the Comp
troller Still ON the Increase-Curiously
Diverse Claimants Upon the City and
County Exchequcr-The Cases Before
/ the Courts and the Decisions Reached.
The attention OF Judge Fancher holding SUI
preme Court Chambers was occupied nearly all
yesterday hearing arguments in mandamus cases.
or course the mandamuses were directed against
the Comptroller, ana the uniform result sought to
get money from the city treasurer.
CRIER OF THE SUPERIOR COURT.
First in order was presented an application on
behalf OF Daniel O'Brien, who asks a peremptory
mandamus against Comptroller Green, directing
the latter to pay him some $1,000, claimed to be
due him for services as crier OF the Superior Court
Mr.. Abraham r. Lawrence, his legal representa-
tive, stated that O'Bren was appointed In January
1870, crier OF the Court by the Judges at General
Term; that his salary was fixed at $4,000; that he
received his pay regularly till the LIST Of October,
1872; that his name had since then been trans
mitted by the Clerk Of the Court to the Comp
troler on the pay roll: that he had performed all
along the services and was still performing them,
and that the Comptroller still persisted in his
refusal to pay him. .. r.
Mr.. Andrews, Assistant Counsel to the Corpora
ton, insisted that under an act of the Legislature
only four officers could be appointed for each OF
the various branches Of the State Courts; that
these four had been duly appointed that Mr..
O'Brien was not among those appointed, and,
lastly, that there was no appropriation from which
to pay the sum claimed.
Mr.. Lawrence said that the amount required for
O'Brien's salary was put in the tax levy OF last
year, and to the legality OF the appointment he
claimed that the power Of appointment was vested
in the Judges by the Code OF Procedure OF lS49 and
that this power had never been taken from them.
nd
took the papers, reservine his decision.
COURT INTERPRETER.
Next in the list OF those hurting mandamus mis-
siles against the Comptroller was LOUIS kaZinski,
the wellknown interpreter OF the Court OF General
this position for many years, and as he Is able to
interpret in thirteen languages his services have
been greatly useful as well. as eminently salts.
factory. Mr. Dukes, In presenting his case asked
for peremptory mandamus directing the Comp
troler to pay 20 him four months salary. He stated
that not long since Mr.. Kazinskis salary, In con-
sheraton OF hts great usefulness and unusual ac-
complishments was raised from $2,0 900 to S3,5 500,
and that as the Comptroller refused to pay the ul
amount he would not take any, as the receipt TO be
signed stipulated Gin full for services to date"
That's Just the point" interrupted Mr.. Andrews,
''and nice point It Is, and one requiring further
and careful examination"
There has BEEN" said Mr.. Dukes, "plenty Of
time 10 examine the question. The case has al
ready been adjourned twice to accommodate the
other sde.n
''rll do thfs. 4" pursued Mr.. Andrews cor rather
Mr. Green says he will. and that is pay Mr.. KAHN
ski at the rate OF year, and let the payment
OF the rest abide the final decision of the Court"
I'll will speak plainly" replied MT. Dukes, with
energy "There Is no confidence whatever to he
placed In the promises OF the Comptroller-not
even his promises to counsel"
Some further remarks ensued, when Judge Fan
cher directed an order TO be entered pursuant to
the suggestion Of the Assistant Corporation Coun-
sci.
| PAVING SOUTH FIFTH AVENUE
long argument next ensued upon the return
made 10 the writ of alternative mandamus granted
| some time since relative to the paving OF South
Fifth avenue and the Church street extension. Mr..
Charles Guidet the contractor asks for $ll0 1856 g.
being seventy per cent OF the amount of the con-
| tract.
| Mr.. Andrews read the return OF the Comptroller
to the writ. This was to the eject thacthe prices
charged were greatly In excess OF what they should
be. He moved to quash the writ; on the ground
that 1t was not the proper remedy.
Ex-Judge Edmonds pressed with great vigor the
granting OF @ peremptory mandamus at once
against the Comptroller, directing him to pay the
In order to give time TO examine into some
authorities bearing on tho case the continuation
OF the argument was postponed till this morning.
A TWENTY DOLLAR NATTER.
John A. Thompson Is one OF the special mes
sengers attached to the District Attorneys ONCE.
the inspectors OF election, and for this work was
pain S27 by the Comptroller. thompson thought
this very pleasant outside arrangement, but
when he went after hts next months salary he
changed his views upon finding $40 deducted from
the amount
"How is thisy, he asked, wonderingy looking OF
| his shorn monthly check.
"You received S27 as Inspector OF Election, did
you notfp asked the Comptroller OF him In return.
| Yes, sir, but what OF thatY'
NO one, by law, Ia allowed to receive two sala-
J. ries."