The New York herald., 1873-08-06
THE OLD BUREAU CT ELECTIONS.

First Disposal of the Application for y
PeremptOry Mandamus Against, the
Board of AppOrtionnaent-The Appli-
cation Denied by Judge Larremore-
His Opinion In the Matter.
The old Bureau OF Elections with Cornelius
COrson as its chiet and rive clerks under him, be-
sides stenographer and messenger, had, to bor-
row modern phrase, "a soft thing OF it,
Cors0n, the head and front OF the Bureau, received
$4,000 salary, and the clerks and sothers were
propertionately well paid, the aggregate of the
annual pay roll being $22, 500. In April, 1870, the
Bureau was organized, and with single excep-
tion, everything went on swimmingy-that Is to
say with very little to do except to draw their sal
aries, until by enactment its onerous duties
were transferred to the Police Department. The
single exception referred to that after January
], 1872 the Comptroller refused TO pay their salaries
on the ground that no appropriation had been
made. Under this state OF affairs the claimants
sold their claims, amounting to $l0 1852 6 to Patrick
1cMulen, the first clerk, and the latter, having
exhausted his powers of persuasion upon the Comp
troller and Board OF Apportionment, thought he
would try what virtue rnere was IN the law. He
applied lOr writ OF pcrempt0ry mandamuS against
the Board of Appprtionment, directing 1t to appor
tion the sum required to cover the claim. The case
Term OF the Court OF Common Pleas, and then be-
fore Judge Van Brunt, OF the same Court and finally
brought the case to close yesterday by denying
the application. His reasons for so doing are en-
bodied in the following opinion
OPINION OF JUDGE LARREMORE
When this application first heard before direc
ton made that the respondents meet and take
that such direction complied with, and that
SAID Board by the concurrent votes OF all its members
tion asked for This claim occurred in the year S2 but
no appropriation was made Tor tspayment by the Board
sented adjudication is whether the existing Board OF
OF 1873 can be competed oy mandamus to make an APP
lstire, passed April 49, Idl Cchapter $3.50, Special
Mayor the Comptroller, the Commissioner Of Public
Works and the President OF the Department of Public
by in the years 1871 and 1872 and after setting
apart much as would be necessary to pay the
thereof among and set al N to the various departments
Ct the city and county SAID a3 Board ID was
be raised in 1s2 and authorized in each Of said
to %s ac Nay
said Board was further authoIized to fix the
moneys required and make oronment thereof from
time to time before July |, 1372 and also
cessary before the date last mentionedS redetermne
any every amount that had might thereafter
intention Of the Legislature to have " the amounts SO
raised and appropriated years 1871 and 1879 fixed
expressed The existing Board OF Estimate and Xppor.
tionment. composed OF the Mayor, the Comptroller,
President Of the Department of Taxes and Assessments
is another and different Board than that created by
proprate me moneys be raised by taxation county
purposes, presented and controlled chaper .57s Laws
the apportionment for the years 1871 and 1872
pealed by the said chapter 5s OF the Laws 1871 1t is
rights and duties OF The special Board created by
last mentioned act No such authority is expressly in
Having reached this concson it Is unnecessary pass
upon the other questions raised upon the able and
emptory manoamus should be denied.