The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-17
THE DEPUTY CHAMBERLA1NsHIP.

Another Day of Legal scrambIing In
the Courts-Argumcnt Upon the Injunc-
tion Applied for by Chamberlain
Palmer Against Folcy-Fighting the
Previous Battle Over Agatn-The Ar
gument To BE Continued To-day.
In the light as to which shall be Deputy Cham
berain-Walter b. Palmer or John Foley-there
was renewal of hostilites yesterday before Judge
Barbour, Of the Superior Court, or rather the
former battle was fought over again, the opposing
party being now however, the Chamberlain him
SELF Mr.. Francis A. Palmer, instead OF the nephew
OF his uncle" Walter B. Palmer who was so CON-
petely routed the other day, foot, horse and dra
goons." On both sides the same weapons Of war
fare were used as at the previous fight, Mr. Palmer
backing up his claim to the right to
appoint his deputy by the law OF 1866,
and his right to the Injunction asked
for prohibiting Mr.. Foley from attempting to as
sumo the functions of Deputy Chamberlain, and
Mr. Foley insisting that the charter of 1870 legal
ICES his appointment by the Comptroller. and that
the injunction should therefore be denied. The
Chamberlain was represented by A. r. Lawrence
and Judge EdmOnds and Mr.. Foley by John Strahan
and r. W. Townsend. An effort was made by the
Chamberains counsel to postpone the argument
In order to allow time to submit additional aflda-
vits but this proposition was opposed by the other
size and overruled by the Judge. Mr.. Lawrence,
upon this decision, tried to cut the matter short
by insisting that 1t was unnecessary to repeat the
argument in the previous case inasmuch as pre-
cisely the same point was invOlved-the legality or
otherwise OF the appointment of Mr.. Foley as
Deputy Chamberlain--and suggested that they
submit their former briefs and let the Court decide
upon these. Mr.. Strahan and Mr.. Townsend hav-
ing come fresh into the case. the previous argu-
ment on their side having been made by Mr.. A. r.
DyOtt, who was absent, were not to be put down In
this way and their light hidden under diminished
bushel. There was no other alternative but to go
over the argument again.
FIGHTING THE OLD BATTLE
Nearly all day was consumed in the argument,
nna was he' m, Ar e very @
ment 1t is unnecessary to repeat it at any length.
First were read the complaint and answer, to-
Comptroller setting forth the fact that on the Goth
Of May, 1872, Mr.. Walter b. Palmer submitted to
Deputy chamberlain, but Wv which had never been
accepted by the Comptroller. The reading OF these
documents finished Mr.. Lawrence repeated his
OF 1870 repealed all the previous charters except
the Dongan and Montgomery charters, but that
Of 1866 to the City Chamberlain to appoint deputy.
He claimed that there was no incOnssr-
the two properly con
the recent decision Of the Court of Ap.
peals in the Riverside Park matter as showing
how statute OF 1873 was still In force. He dwelt
at length upon the Legislative intent, and urged
that there was nothing In the charter OF 1870 that
Se U 20 he s %
appoint deputy-a power which was then exer-
cised for the first time by this official He cited as
an analogous case the controversy over the Street
CommissiOnership between ID. d. C0nOver and
Charles Devlin. In the course of his remarks he
stated the fact that the chamberlain was under
81, 200, 900 bonds.
''That's not so" interrupted Mr.. Strahan.
"Your dogmatizing way Of contradicting state
ment ls positively refreshing" answered Mr. Law
renee, "but happen to know what am talking
about.n
/. - Dersisted Mr., Lawrence,
ut is matter that does not bear on this case"
Mr. Lawrence completed his argument without
further interruption. In the course of remarks by
Judge Edmonds Mr.. Straban undertook to inter-
"You just wait till get through" sharply spoke
eternity for all care.n
'.But insist" continued Mr. strahan,
~ will hear no insisting. You sit down." now
savagely said the Judge.
Mr.. Sfrahan sat down for the nonce, but at length
came the time for him to speak, and he occupied
the time with speaking nearly two hours. He re-
viewed the argument OF Mr.. Lawrence. He insisted
that the charter OF 1870 most positively repealed
claimed the right to appoint deputy. On the sub
ject OF legislative intent he urged that the purpose
Of the charter Of 1870 was to place the Comptroller
at the head OF the finance department OF the city,
and as sach head to give him supreme control In
the matter OF the appointments and removals Of all
subordinates In the various bureaus Of the depart
ment.
ut is not supposable, OF COURSE" interrupted
the Judge shat man OF Mr.. Foley's character
would do anything wrong; but suppose the Comp
troer should appoint rogue as Deputy Chamber
tised on the city ~
Mr. Strahan answered this interrogatory by saw.
ing that the Comptroller would appoint no r0gues.
Judge Barbour sent for dictionary to get the
he said, TO get all the light possible bearing on the
case. Mr.. Townsend made brief argument and
then the case was adjourned till this morning,
when the argument will doubtless be completed.