The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-12
TEE DEPUTY CHAMBERLAINSHIP

Chamberlain as to the Appointment OF
Deputy mberlain-Dcputy Palmer
Fighting FOley-Thc Respective Claims
OF the Rival Contestants for the Omcc.
The fight carried into the Courts, between Walter
B. Palmer, claiming to hold the office OF Deputy
Chamberlain through appointment Of the Chamber
lain, and John Foley, who insists on his right to
the place by virtue Of an appointment by the Comp
trDller, backed up by the Mayor, Is waxing warm
and exciting. The chamberlain claims the power
to appoint his subordinates under the act of 1866
while Mr.. Foley bases his claim on that more
modern and somewhat famous instrument, the
charter OF 1870. All the facts of the case
the daily appearance of Mr.. Foley at the Office to
discharge the duties Of Deputy, the cold shoulder
given him by the Chamberlain, who refused to
recognize him, and the still colder shoulder of Mr..
Palmer, the Deputy de fdcto, In the form OF tenn
porary Injunction restraining Mr.. Foley from con-
tinuing his visits TO the ONCE and attempting to
assume the functions Of Deputy-have been pub
lshed In full in the HERALD This temporary in
Superior Court. with an order to show cause why
the same should not be made permanent. There
was an argument yesterday before Judge Barbour
nearly the entire day. Both the litigants were
present, Mr.. Palmer being represented by ex-Judge
Edmonds and Abraham q. Lawrence, ana Mr.. Foley
by Anthony II. Dyott.
PROPOSAL REJECTED.
After the opposing counsel had read the COM
davts of the Chamberlain and Mr.. Palmer, as here
tofore published, MIR. Lawrence, on behalf OF the
latter, proposed that they make q case and go to
the General Term of the Supreme Court, and there
have the matter adudicated upon at once. IL was
suggested that this was the most expeditions way
OF determining the subject matter OF the litigation.
The proposal was made with the provso. that Mr..
Foley would stpulate not to assert his right In the
meantime to the Office in another way. To TINS
proposition Mr. Foley through his counsel, refused
to assent and it was insisted by the latter that the
course now being taken was the quickest way OF
raa0 "A
MR. PALMERs SIDE OF THE CASE.
The above proposition being rejected there was
selves to the merits OF the case. Mr.. Lawrence
opened the legal combat The Office OF Deputy
act OF 1866. He then read that portion of the
charter OF 1870 under which the Comptroller
claimed the right to appoint Deputy chamberlain.
The section read he claimed gave TO the heads OF
departments the right to appoint the heads Of
bureaus except the Chamberlain, as also all clerks,
officers and employees IN their respective depart
| for keeping the Deputy Chamberlain as for keeping
| the Chamberlain independent OF the Comptroller.
| He was simply Chamberlain in the absence OF that
officer There was no repeal by direct words OF the
of 1886, and II there were repeal by lmplica-
the the. charter did not mention the Deputy Chamber.
lain. but there was no rePagnance between t me
two acts They formed harmonious system TO-
| gether and were In perfect accord.
| FACTS FOR FOLEY.
| Mr. Dyott, In taking up the cudgles for Mr.. Fo-
| ley, went back to the Laws OF 1857, and then
cited all the statutes having possible application
to the case. He said that there were great public
interests at stake and rreparable injury imminent
! At the request Of the Mayor, Aldermen and Com
monalty O partial and qualified injunction was
| granted But here 1t was Mr.. Palmer alone v0lun-
| teeTlng to make himself the champion OF the pub
| lie in his own interest AS, however, the suit was
! brought by him he was bound to make a perfect
title, and had himself shown that his title was not
| perfect, as his bond was not accepted He insisted
| that the nng Of the bond was condition prece-
dent to his assuming the duties OF his Of
! nee. In case OF an embeZzemennt the sure
! ties on that bond could not be held liable, as IL
had not been approved. Mr.. Foey's bond, on the
contrary, had been accepted and approved. He
showed the various channels through which
| money came into the hands Of the Comptroller and
| how the Chamberlain could not pay out a dollar OF
| it except upon warrants drawn by the Comptro-
I Ter and countersgned by the Mayor. He urged
that 1t was TAR better for the public interests
| that the Deputy should be appointed by another
! power as a check upon the Chamberlain than that
| CLOSE OF THE ARGUMENT.
Judge Edwards read the concluding argument.
| He c tea host OF authorities IN support OF his
/ view OF the case and then alluded to the bond OF
| Mr.. Palmer He said that this bond had not been
approved by the Comptroller, not on account OF
| objections 10 the bondsmen, but because he OBJ
| jected to Mr.. Palmer being Deputy Comptroller,
| and wished to fill the place by person or his own
appointment.
| THE DECISION ON MONDAY.
| Judge Barbour intimated that he did not see how
| Mr.. Palmer had standing in court. He thought
n any one was to complain OF Mr.. Foley 1t was the
| Chamberlain himself. He took the papers and
| nromised to give his decision on Monday.