New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-07-17
VBRIENS CLAIM DLSALLOWED

PROTEST AGAINST THE ACTION OF THE COMMISSION
THE DECISION OF THE COMMISSION.
The Commission appointed by the Governor
TO audit the claim Of James O'Bren Sheriff, against
the County NewYork held its final session yesterday
AT 2 D. No. in the Courthouse Controller Or. was
present, and Mr.. DeerinG appeared counsel for Mr.
O'Brien.
Responsive to the inquiry of the Chairman. Mr.. Yer.
mye, whether Mr. OBrien any one TO represent him
was present. Mr. Deering read protest against any
ton OF the Commission at present constituted on the
clam The protest, which Mr. Deering apoogetically
remarked had been hurriedly drawn up
THE PROTEST.
Having received communication, dated June %, Is73
submitted the same, &C the request Of my client, MI
OBucn, counsel Of the latter for their opinion ana
direction in the matter Ny action today Is IN accort'
ance with the advice given 20 Mr.. O'Bren by ms
counsel Mr.. OBren advised Oy the Governor that
provisions OF Chapter 573 OF the Laws OF 183 Messrs
Vermilye, Cadwalader, and land With these Comms-
within the time allowed by the statute. Mr. Hand acted
commissioner IN receiving the CLAIM filed with him
To no Commissioners other than those have named
has any claim OF Mr. O'Br.en been presented It
ia stated that Mr. Booth has been appointed by the
Governor in the place OF Mr.. Hand. o. Mr. Booths
appointment, Mr.. OBrien has not been advised Dy Tie
Governor. II Mr. Hand was appointed. aud acted or de
cned in the opinion OF counsel the Governor had
power, under tue statute or by the general Laws OF
the state, TO appoint successor III blr Hand was not
appointed by Governor. aud Oh the assumption that
the only appointment that the Governor mas made was
OF the gentlemen who signed the communication re-
erred Of Juno 49, then counsel Il OF opinion that this
Comnis.ign has not and cannot now acquire iursdc-
non i'm me matter the time allowed by the statute Tor
presenting Mr. OBrien's claim TO the Commission having
expired and claim having been presented For this
result Mr.. O'BrieD Il in no sense 10 blame.
As circumstances any award, which might be
made by the Commission could not De enforced, Mr..
O'Buen advised by his counsel can take no action
whatever IN the matter before Mr.. Yermlyc, Mr. Cad
walader, ana Mr.. Booth.
When Mr.. Deering had finished reading. Mr. Vermilye,
addressing him. said that the Commission had had the
opinion Of the Acknowledgement upon the several points
I'd on he NJ
were advised that they should proceed with the audit OF
the claim Mr. Vermilye then asked If Mr.. OI}rien
would appear in support OF his claim, and being an
swered ia the negative, he inquired Of the Controller
whether he wished 20 say anything upon the subject be-
fore the claim.
Mr. Green replied that he not aware that the
claim was before Commission; he was anxious to do
what is for the best interest Of the city. He not
aware what course Commissioners proposed to take.
and he was present simply by request of the Commits
sion.
Mr. Cadwalader-well, we decide that we have the
claim here before rs.
MI Green-I don't know that have any jurisdiction
in this matter.
Mr. Booth-The Attorney General has given his deci
sion on all the points. and We propose 70 20 on now
Mr. Green Well have nothing to say on the subject
whatever except that IL would be proper, you have
decided go that there should be counsel here to
that the ctys Interests are properly looked after
The Chairman then requested Mr. Cadwalader, as Soc
rotary Of the Commission 70 read their decision which
he said had been unanimously agreed upon. After re-
citing the fact OF the appointment OF the Commissou
the declensos OF Mr. Hand and the appointment OF Mr.
Booth In his stead well the different meetings held
BY the Commission, Mr.. Cadwalader read:
The Commission requested the opinion OF the Hon.
Francis G. Barlow tne Attorney General, FIRST, AS 10
whether the Commission was legal Commission nnder
the provisions OF the second. whether James OBren
had presented his claim to the Commits ~ now organ
ized, and third whether the Commissioners had power
To proceed In Mr.. OBrien declined 10 appear 10
each OF which questions tho Attorney mas re-
phed with opinion In tho affirmative The Com
Is their duty TO proceed In the matter formal notice
therefore, July II, personally served upon Mr..
OBrien, copy being also served upon Mr.. Decrng hls
counsel July stating that the Commission would meet
upon July l6, at D. n 10 proceed with the audit and
adjustment OF the claim presented and would be pre-
claim presented and, In evidence should be
offered 10 sustain the claim. would mako "A finding or
audit in accordance herewith.
As Mr. OBren has failed and refusesi 10 appear the
Commission or the opinion that IN their duty
proceed and therefore nd and direct that lanes fen
has presented 10 the said Commission APPOINTED under
Chapter S73 OF the Laws OF 1873 his claim az required ~
the proVizions OF tue ac without evidence support
and that upon the audit and adjustment thereof they
find and decide that no sum whatevrr has been
shown to be legally due James OBren late Sheriff OF
the City and County Of New-York, by the County OF
New-YOrk.
formal certificate. In accordance with the provision
OF the statute VIII 10 forwarded 10 the Governor and 70
the Controller OF the City of New-York.
Mr. Deering made no reply, aud o motion 10 adjourn