New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-11-27
TIE COURT,S.
THE SALE OF PUBLIC SALARIES.

THE SALE Ot IUBislC cAlAHiI-c'
JUSTICE FOWLER At ISSUE WITH TIE DECISION OF
TUE COMMON PLEAS.
A sharp argument in the case OF Beaumont
ag Bookhurst yesterday varied the monotonous course
of Justice IN the laird District Court, and revealed
somewhat unprecedented hitch in the Judicial system
of the city, The principle involved In this case s OF
Great importance. II is OF large number pending
IN this court arising from tho trade Of buying the pay OF
employees In the Post-OGice, Custom-house and other
Government buildings in advance at a large discount
This business IL comparatively new one,
having been brought to considerable proportions by
class OF brokers of whom the late defaultor Winsup
was tie conspicuous representative. Winshps name
figures in fact, in many OF these suits. TIE broker
early In the month, would approach CnatomhouSe
clerk or perhaps 81 100 per annum sa1rynand pay MN
SIS cash for the 800 whoh would be duo the clerk at the
end of the month, taking formal written assignment
OF the elOO AZ the end Of the month, however, the
cerl. having drawn the money has appropriated 1t Ia
some Instances his regardless Of the broSeFs
rights, and leGaljproceedings have ensued'
TIE actions in Judge Fowlers court have been brought
by brokers the clerks ana inspectors VINO have
Just sold their pay in this manner and afterward col
lected and appropriated it their The action
proceeds on the theory that the money belongs TO tie
broker and that IN collecting 10 the clerk acts az the
brokers' AGENT and should pay 1t at once. In the
csse OF Billings agt OBen, the latter being Custom
house Inspector Judge Fowler decided for the plaintiff
on TIE above facts, and an immense numOof OF similar
suits were at once brought tltQ bis court most
OF them under tho charge Of f. II. Hctch-
kiss, winshp's lawyer. The case OF Billings agt.
O'Brlen was carried by appeal to the Common Pleas
which by statute the tribunal OF appeal yom the us
tric courts and here reversed on the grounds ISL Ite
the Justice iD error In ruling out evidence adduced
by defendant. a. That the Justice was IN error IN
holding that the alleged conversion Of the painrns
property was sustained by the evidence given sd.
That the sale OF mans salary public officer pre-
yous 20 it's having been earned was void as against pub
"tuch' an actp IL was said by the Court "tendi 10
aud impair the sngleuess OF purpose which nls duty
cxactod. The doctrine OF the English cc.irs on this
ing tho dignity Of the GoTerDiLent or the resDec-
liability OF office inappcabl 90 our state OF society;
but the decision OF the T. @ courts that such sale OF
salary tends to dms the interest OF the officer IN the
performance OF mis- duty and renders him to great ex
tent the mere servant slave or his creditor or assignee
in working out past obligation, applies in TINS country
FOR pact ssryces may be assigned but paid or al
lowed secure 10 State the performance OF present
services Ia aenable Ia advance. Tie assSnInenJ WAS
also held Illegal on the ground an that t Ia forbidden by
the Congress OF Feb g. 1885, This declares that any
transfer OF any ean upon hc mil eSa void n
less the shall DO freely made ana executed IN the
presence of at least two attsstps Wnessos' AZ o
allowance osuch claim by the Government the ascer
tainmen the amount due thereon ana the issuing oil
a warrant for the payment OF IL. ,.,-- - -,
decided for the plaintiffs In Bliss agt Lawrence Bliss
agt. Gardner, and Winship agt clarke, an pf"clrey
similar cases. This exces considerable SURPRISE as the
Courts being made statute tler appellate court but
Justice Fowler YESTERDAY ~ ts case Oh beSaHn aSc
clared his ntention after lively skirmlsh between
Messrs HotcLkiss for plaintiff and Edward fltc or ue
noriuO the ounon OF the Court OF Common Pleas uDi
the Court Appeals at Albany, 10 when one OF tess
causes has tke shall decided whether or not
the sale of sary in advance by G0verument oieer
| or Is not against public pOhey'