The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-08
Mr. Palmer Wont Recognize N-Mr. Foley
Says He Shall Be Recognised-How tho
Law Looks and What the Contestants
say-A Pretty Fight as it Stands.

break into the Tammany "Ring," and this he did
In 1869 by compelling that pirate crew, after Q
tedious and costly litigation, to grant him his
tihcate Of election Supervisor. Yesterday
morning
MR.. FOLEY CALLED AT THE OFFICE
OF the Chamberlain to assume charge Of the duties
of the position of Deputy Chamberlain This posi-
ton has been enJOyed-the salary Is 10000 year.
during Chamberlain Palmer's lncumbency OF ONCE
by his nephew, Walter A. Palmer, OF the Tenth
National Bank, the Chamberlain being President OF
the Broadway National Bank MIR. Palmer curtly
declined to recognize Mr. Foleys right co assume
the office and denied the legality OF the source OF
his appointment.
Mr.. Foley rigidly maintained the legality Of his
appointment and his determination to exercise the
functions pertaining thereto, and further informed
the Chamberlain that In case he desired to resort
to legal test of the validity OF the appointment
he would be highly pleased to facilitate such de-
termination of the case by any In his power.
Meantime however, he should occupy his post a.
Deputy chamberlain daily. There was no acrt.
mony exhibited by either OF the gentlemen, merely
determination and prompt expression OF such res0.
luton.
HERALD reporter called on the Comptroller In
in very courteous way, to speak on the subject,
probably because he doesn't know much about it.
st mr. PR ms legal advser VINO does under
ing as the
LEGISLATIVE hAsIs OF HIS POSITION,
extracted from the city charter OF 1871 -
ssfasn DE- ess s as D &
'ss n
partment shall be- called the Connntroiier Sc f 10
bureau for the reception OF all moneys paid into the
q s &c s sssa %s.s
BY by as Mayo the chief officer of which shall be called
section 50 qS article Of the present city charter rsads
otherwise specifically directed herein shall have power
70 bapPSnt ana remove az chiefs Of bureaus Except ns
me repeating clause OF the charter, AFTER emu.
paraSrasb. "Ail acts or parts Of acts iuconsssent
with the provisions of this act also hereby re-
s
IS based and thew certainlv look very conclusive
sustain the appointment by trial in the Courts.
The reporter called upon Chamberlain Palmer at
his office In the broadway Bank and was informed
that he (Mr, Palmerl was acting purely upon what
he believed to be his legal right and after con.
su''ne 'uaee hamohds ms counsel s~--.-- :
or r.r,or,, ,..,,I HAVE NO PIQUs
II SSIfso9al leenng IN the matter" continued the
Cnainperlain; "put II am responsible for my
once ana the proper conduct OF affairs therein,
anu as am under bonds to the amount OF 81, 0od
10 guarantee IL, must be allowed to exercise soma
discretion in the matter. am not politician and
have no interest In the matter beyond the proper
discharge OF my duties to the public. When ap.
pointed my nephew my deputy did so because ]
knew exactly who was appointing and the measure
OF reliance could place IN him. He understands the
education ana profession, for It, as is demonstrated
10y 10y tne way ne mas elevated the condition OF the
aemsm N" ~. since ne LOOK mold OF IT, Thta
measure Is urged upon these people by political
TSey wcyd a probaSv Set ne d p%pc
snS nsnns upon %Si:S ss
noy III cannot consent to ns ~ sass
Judge Edmunds ia " " 'AS VINE 'A'''~
A GOOD AurUORury
He bases my right on the second section Of chantaa
1928 OF the Laws of 1865, entitled AN act to regn.
late the flnances of the CITY of New york uhich
reads as folIows:'-
The banks In which such deposit shall no n,ade shan
pay, proportonaely to the monthly balances in each.
the office rent of said Chamberlain the salaries to be
fixed by him. Of nis clerks and Deputy Chamberlain ali
on wo n ny dn UhaDeriah u hereby authorized Ia
subsequently the reporter ca,,ed an Mr. po,.,
anu ,unu a. III ~ US undisturDeu and quietly
0"s"s'' ~ "'' pi MR. Toy.Ev sporp
very confidently OF his ability to show legal right
out on the same line that nav se ssH , 10
ysorship. lie was sustaned bv 'v ,h tne super;
the Comptroier in his eore apy tine ne mayor ana
auaii n exphGit as TO the power or the Comp
that he should attend at the ChamberlSns once
daily to the duties Of the position OF deputy In
answer to the question as to what he would do In
the event OF Mr.. Palmer's nephew declining to sur
render or TO permit him to occupy the Office, Mr.
Foley said he would attend to such an emergency
when II presented ITSELF and In the event of clerks
refusing to obey his Instructions they would be dis
been deemed necessary by Mayor Havemeyer and
Mr.. Green that he (Mr. Foley should be appointed
to the Office In order to look to the public interests
Interest dae on nubc moneys er snS U
CuamperiaiH III GER BANKS, anu WNuch lnteFeStp