New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-07-11
nyrIyFUL CUMULATTOM

Il
New-York, now sitting III Chambers III this
city, has Just rendered decision when lays
the Ak at the root of that dishonest plurality
of offices which has been so long q favorlte
device of the different combinations OF poll
ticians who have traded upon the government
of this community. The city offices were too
lucrative to be allowed to go out of the pos
session Of the men inside politics. Yet the
work of the Legislature was usually OF sort
too delicate to pass into the hands OF honest
and inexperienced men. The places in the
administration of municipal affairs were
therefore monopolized by the proteges
of the Ring, and these were also
sent to Albany to provide the legislation
necessary for facilitating and cOncealing their
plunder. The Treasury was thus surrounded
and guarded by double line of corrupt and
powerful influences. The list of names we
print this morning in connection with Judge
Daniels's decision shows how extensive and
firmly rooted was this bad custom. ms was
one of the abuses which received the atten-
ton of the Legislature at its last session.
provision was therefore Incorporated into the
Amended Charter, taking effect upon the 3oth
of April, 1873, that persons holding ONCE
under the government of the city should va
cate such office by accepting seat III the
Legislature.
But Mr.. James Ryan, who was Deputy Clerk
of the Court of Special Sessions in New-fork,
and member of the Legislature, held that TINS
provision did not apply as to his salary from
January to June of this year, and on the Con-
troller refusing to pay it, he applied for
mandamus to compel its payment. Judge
Daniels decides in effect that the Controllers
refusal to pay the salary of the Deputy Clerk,
ON the ground of the provision contained in
the Amended Charter is not well founded; for
two reasons: First, that this provision did not
20 into effect until the 3Oth OF April,
and, second, that the position OF Dep
uty Clerk Of the Court of Special Sessions
was not an Office held under the government
of tho city, and for that reason was not va
Gated under the provision referred to. But he
goes on to amplify his decision in manner
which must have been startling to Mr.. Ryan,
and which may lead to important results In
other cases. The Judge refuses to grant the
peremptOry mandamus applied for on the broad
ground that the two Offices viz: Clerk of the
Court of Special Sessions, and member OF the
Legislature are incompatible with each other;
that the acceptance of the latter vacated the
former and that the Controller was there
fore justified in refusing to pay Mr..
Ryan his salary as Clerk accruing after his
acceptance of seat in the Legislature. The
reasons given for this decision are clear and
straightforward. The duties Of a member of
the Legislature require his personal presence
at Albany, and Mr. Ryan could not therefore
perform his ministerial duties here, nor, being
himself Deputy, could no delegate to an
other his own delegated powers. His claim,
therefore, that his duties were performed here
by person employed and substituted by
himself is inadmissible. 1t is solely on the
ground of the incompatibility of the two offices
sustained by precedents of common law that
the mandamus is denied, but the relator is
permitted, if he desires, TO take an alterna-
tive writ, by virtue of which he may
again be heard on the essential question,
whether his first office was vacated by his
acceptance of the second. The final issue of
this matter will be awaited with interest in
view of its extensive personal bearings. The
decision of Judge Daniels, so far as it goes,
seems as sound in law az it is in common
sense and public expediency.