The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-08-21
MUNICIPAL SEZERISM.
Tho Comptroller seises Justice Fowler's Stamps
and the Sheriff seizes the Comproller's
Furniture, the Cty's Paintings
and Q Fire Engine.


There was quite little squirt Of excitement yes.
terday among the municipal omces' consequent
upon The announcement !ast S2sr!T. rrcunah had
sezsd the fdrnltdfe an4 nitIngss or the Comptrol
ers ONCE, the historic portraits In the Governors
Room ut the City Hall and Steam Engine No. " OF
the Fire Department.
When the facts were inquired into II was learned
that the levy was made upon execution issued In
Judgment obtained by Justice James Walker Fowler
for the amount of his salary for one year up to the
5th OF December last. The Comptroller originally
refused to pay salary to all the justices, on the
ground that the Board OF Supervisors had no
authority to increase their salaries from $1,000 to
$4,000 Justice Quinn's case was carried through
the courts as test case, and the Justice was sue
cessiul the Court OF Appeals holding that the
supervisors had the legal power to increase sal
aries That case carried with 1t all the other
OF q similar nature, and now Justice Fowler-who
says he mas not received o cent of pay for two
years and has disposed Of as much business during
that time as any other justice In the ctywants to
collect some Of his little ducats. He states that
notifcation was sent to the Comptroller Of the
order OF Judge Pratt and Of the tact that exc
cution was to be issued ON Tuesday unless the
Judgment was satisfied. No money was forth
coming, and as, consequence, the seizure was
placed in charge Of the property Ofcourse the bus
ness OF the Comptrollers Office is not interrupted by
the levy, which is merely technical at present
but the Comptroller has only six days in which to
find the money to pay Justice Fowler his $lO,523 os
otherwise the "ixlns' Will be sold at auction
The Justice says he instructed his attorneys to be
very cautious In figuring up the interest, as he
wants the Comptroller to pay him the last cent;
i there should be fractional part OF o cent the
Comptroller may keep that. TINS accounts Tor the
eight cents at the tail Of the bill.
me Comptrollers reason for not paying the
claim is that he holds counter claim against
Justice Fowler amounting to $33,079 Is, in which
sum he claims the Justice Is deiaulter to the city.
He asserts that he Is entitled to withhold pay
ment OF this salary to reimburse the county In
the above sum, by reason OF the TACT that the
Surrogate, under Surrogate Tucker, converted to
his own use the sum above stated, being moneys
he had received In trust In various proceedings
before the Court. The county, subsequently, had
TO reimburse the parties whose money was thus
appropriated, and now Mr.. Green thinks he ought
The real trouble Is that If the county has any such
claim against Justice Fowler Its officials whose
duty 1t was to c0llect the money from him have
never done So In the first place Justice Fowler
committed no criminal offence for which he could
be held, and In the next place 1t does not appear
him Tor the money, nor how he obtained 1t. Lastly,
no District Attorney or Corporation Counsel, and
there nave been nye IN all since the date in ques
ton, has ever thought 1t his business to proceed
in civil action against the bondsmen Of Justice
Fowler. AS variety to the whole question, too
Justice Fowler does not agree with the Comptroller
as to the alleged circumstances under which the
money ne holds came into his possession. IL
amounts to thls:-Justice Fowler has complied
payment, and there is no public official who has
interest enough in his duties to take the proper
course to make Justice Fowler pay up, If he owes
1t, the amount which they are all so glib to talk
about.
To-day another Judgment will be entered up in
favor OF Justice Fowler for nearly seven thousand
dollars for arrears OF salary due since December g.
1872, and II 1t IS not paid something else will be
seized. Justice Fowler states that he has never
lntimated to his attorneys the sheriff as to the
particular property he desired to have levied upon,
and that he has no desire to annoy or harass the
Comptroller any other public servant by the sci.
zure OF his Office effects He assumes that it Is the
voluntary action OF the Sheriff.
on the other hand 1t may be as well to reco,lect
that only day or two since the Comptroller dis.
missed Tim, the SheriiI's brother, from clerkshlp
and it may have been that fact that induced the
Sheriff to believe that the C0mptroller's Office Was
a good place to levy on.