The New York herald., 1873-11-29
NEW HERALD SATURDAY, NOVEMBER 20 1s7-TRPE SHEET

which shall be called the "Chamberian" Section
"a says that ''the Chamberlain shall receive all
the treasury OF the city; he shah deposit all
moneys which shall come into his hands in su h
banks and trust companies as shall have
chamberlain and Mayor jointly" The
money 80 deposited shall be placed to
shall pay all warrants drawn on the treasury by
the Comptroller and countersigned by the Mayor,
and no money shall be paid out OF the treasury ex-
cept on the warrant OF the Comptroller so counter
signed. II further says that "the Chamberlain
shal not draw any moneys from said banks or
trust companies unless by checks subscribed by
him as chamberlain, and countersigned by the
Comptroller; and no moneys shall be paid by
such @ e cSecks. I'M TSs cns%berain 1A'sas Shall 'rS re-
Gel celye $so, 600 annually, ana no more, lor an
may be necessary, whose salaries. together with all
the expenses OF his office, shall be paid wholly bys
hlm, and shall IN no case be public charge. BY
the foregoing provisions OF law the powers and
duties OF the respective defendants as Comptroller
and Chamberlain are clearly stated ana set forth.
1t Is the duty OF the Comptroller upon a claim
against the city being properly audited and
certined, TO draw his warrant for the amount
which warrant, being countersigned by the
Mayor, Is to be delivered 10 the Chamberlain.
whose duty 1t then is-provided there is an
OF the warrant Is authorized by law-to pay the
amount thereof by drawing the sum required for
trust companies oy and upon check or checks
subscribed by him as Chamberlain, and counter
signed by the Comptroller, in favor OF the creditor
named In such warrant the banks being expressly
prohibited from paying any moneys on account OF
the city except upon such checks. He insisted
that the said provisions OF law as to the drawing
OF money rom the depository banks are
wholly wholly dsregarded BY the Comptroller and City
Comptroller and counterslgned by the Mayor are
the sole authority upon which the depository
banks 1S1 and trust companies have, since the said
renee OF both defendants, paid and now pay to the
creditors OF the city the amounts specified in such
vlrifh hnnf tY,lan
the said George w. Lane, as such Chamberlain, as
required by the thrty-iourh section OF the act OF
presented to and are not even seen by the Cham
6erlaln until alter they are paid by the
banks sarSu out 9f the moneys o. the city That
OF law, the defendants acting collusyely have,
since the 3oth day OF April 1873, SO arranged that
ments by or on behalf OF the Corporation are borne
and made, not at the expense OF or as burden
upon the said $4,000 allowed to the Chamberlain
annually for his services and thai of his deputy and
ali other clerks and assistants as may be neces-
csg ege'sn u an the ,e and ID
his appointees and at The expense OF the
general treasury OF said city, such expenses being
particular. the Comptroller has appointed and
since the 3Oth day oil April last has continued in
Falls, at salary OF $4,000; Christian Classen, at
$l,S00; David J. Van Winkle at 81, 500, and Others.
These salaries are paid monthly out OF the ap-
preparations ior salaries for the Finance Depart
to the Chamberlain. Moor Falls is desig-
by him and his assistants consist wholly In
making payments on behalf of said corporation,
berlain and are such as of right ought to be per
formed by the City Chamberlain, and paid out OF
the $4,000 allowed annually for That express pur-
pose. In addition to the salaries paid to Falls and
his assistants, there is also paid said Falls of
contingencies OF the Finance Department. sum,
alleged expense in making the the payments,
which are properly expenses OF the Chamberlains
1urther that large sums OF money have from time
to time for the past two years. been allowed by the
Chamberlatn with the conniyance OF the Comp
troller to remain in the hands OF Mr.. Fails and his
assistants without rendering any account OF the
same during the time he has acted as City Pay
MASTER also various sums which he failed 10 pay to
the creditors OF the corporation entitled to receive
the same, and Which sums amounted to about
counted for by said Falls or his assistants and paid
over by him to the Chamberlain to be deposited in
bank, as required by law; but through the con-
nvance and collusion OF The defendants this money
has been allowed to remain In the possession or
OF the use of the same and Of the interest which
would accrue thereon, besides undergoing the risk
OF losing the principal. The argument was con-
tinued at much greater length, but the above en-
braces its leading points.
and Beebe. The former insisted that the portion
of the charter referred to admitted seemingly OF
two constructions, but he claimed that under the
correct construction there had been no violation
of the same by either the Comptroller or City
Chamberlain. lie euogized both as most faith
ful public officers, ana said that they were
acting under his Interpretation OF the charter. Ex
Judge Beebe confined his remarks TO the strictly
legal aspect of the case and urged that there was
no shadow OF ground for bringing any complaint
against the two officials in question, and no poss
BILE legal reason for granting the injunction asked
for.
Judge Fancher, at the conclusion Of the argu-
ment which, Notwithstanding its being long pro-
tracted, he listened to with patience to the end.
took the papers on both sides, reserving his dec
sion.