The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-23
THE COMPTROLLER IN CONTEMPT.
Trifling with the Mandates or the Court
Getting Played Out-He Is Fetched Up
with Round Turn-An Attachment
Issued Against Him and Eldridgc
street Jail Possibly I'm the Distance.

The disregard paid by Comptroller Green to the
mandamuses of the Supreme Court Judges has for
a long time been a subject of general comment,
not only among the members OF the bar
and others In attendance upon the Courts, but
in the outside world among those accustomed TO
read the newspapers. Many have expressed their
wonder whether he would be allowed TO continue
this sort OF thing with impunity. II appears how
ever that the Judges have taken hold OF the matter
in earnest, and evince a determination that the
dignity OF the Court shall not be trined vith any
longer. This determination was shown yesterday,
both in the Supreme Court, General Term
and in Supreme Court Chambers. 1t showed itself
In the former In decision rendered in the
CASE OF JAMES W. MCGOWAN,
an empoye OF the Board OF Supervisors Mr. Nc.
Gowan claimed salary OF $1,000 under appoint
ment OF the Board of Supervisors, but the Comp
troller, claiming the appointment TO be illegal.
would not pay his salary. MIR. MCGOWAN OBJ
tanned from Judge Ingraham writ OF pcremptory
mandamus against the Comptroller directing him
to pay it. Mr.. Green dsregarded the writ, and a
motion was made to punish HIM for contempt.
Pending that motion another was made on behalf
of the Comptroller to change the peremptory writ
to an alternative writ. Judge Fancher granted
this motion, from which Mr.. MCGOWAN appealed.
This took the case to the General Term which
Court, stated also rendered its decision yester-
day. TINS decision reverses the order appealed
FROM Judges Ingraham, Learned and Brady heard
the argument. The two former decide for rever-
SAL while Judge Brady dissents. Judge Learned
gives the reversal opinion. 1t is brief and pointed
but talks plainly about the matter. The folloWiN
Is his opinion ~
OPINION OF JUDGE LEARNED.
/ abstain entirely from examining into the
merits OF the REALTORS case. II seems to me that a
more important question is involved-that il, are
the writs OF the Court to be obeyed or not If
they are, then the respondent should be punished
Tor his contempt II they are not, then there is no
use OF the alternative mandamus For If on the
return thereto the Court should grant the per-
emptory writ the respondent will have the
same liberty to disobey and move to set it aside
which he has employed at this time. 1t
the order and writ OF .'seven hundredr for ofve
hundred.n II so, that can be remeded In any
future proceedings. The order appealed from
should be reversed, and the relator should have
the usual process against the respondent to punish
HIM Tor his contempt of Court.
JUDGE BARRETT ON THE MATTER.
Some time since Mr.. John WEIGH did some work
for the Croton Aqueduct Department and he pre-
sented Tor the same bill of some $3 200 against
the city, He assigned the claim 10 Mr.. Theodore
NJ. Morris, and the latter, finding the Comptroller
would not pay the bill although properly audited,
obtained In supreme Court, Chambers, writ Of
peremptory mandamus against the Comptroller.
directing nm 10 pay IL. To this writ the Comptroller
paid more attention, as one OF the counsel said,
than 10 so much waste paper. Application was ac.
cordingly made yesterday 10 Issue an attachment
against the Comptroller on account OF
lion 10 the application 1t was urged by
Mr.. Andrews Assistant Corporation Counsel, that
ile clam was Y fraudulent one, ana thai TIC