The New York herald., 1873-10-14
MEDLEY OF MANDAMUs MATTERS.

Important Decisions by Judge Bnrrett-
An End or the Badgcring About Those
Common Council Cold. Badges-Cases
Set Down for Hearing-Joseph II.
Young's Copyists-Thc Services at
Albany OF Dexter A. Hawkins.
II the mandamus business keeps up its present
liveliness in the courts II is urged that there
ought to be special judge assigned to take exclu-
siye cognizance OF this class OF cases. Lawyers
complain that they cannot get their cases attended
to on account or the growth in this branch OF iti
CATION. Comptroller Green has employed special
mandamus lawyer, and why not, Ii is urged, have
q special mandamus judge as wellf and then the
mandamus machine can be run without detriment
to the great multiplicity OF other actions, which, 1t
is claimed, are OF equally pressing character.
IMPORTANT DECISIONS BY JUDGE BARRETT.
Opening yesterdays manuamus budget were
some important decisions rendered by Judge
Barrett upon cases recently heard by him while
sitting in Supreme Court, Chambers AS to George
II. Purser's claims, which are for services as clerk
to commissioners In SIX street openings, and which
1t was sought TO have paid through peremptory
mandamus directed 10 the Comptroller, Judge Bar
rett refused the mandamus asked for on the
ground that the proper remedy Is BY action at law.
retire from the mandamus business and seek JUS
tice at the hands OF jury. The same disposition
made by Mr. John A. Bagley to recover
pay for services as surveyor In four street open
nessey are put in the same boat. The main ground
OF resistance to the applications or these three
gentlemen is that at the time they performed the
services for which they claim pay in connection
with street openings they were holding county
offices and are not entitled to two salaries. Mr..
Dexter A. Hawkins, the Comptrollers special man
damus lawyer, insists that the decisions in the
cases OF Purser and Bagiey cover score or more
OF similar cases in which he has been retained by
the Comptroller. Some Of the opposing counsel,
however, think otherwise, and, like the memorably
lntractabe Brown, think 1t Will not 40 to give 1t
up so.
THOSE COMMON COUNCIL GOLD BADGES
While many of the gold badges given to the mem
bers OF the Common Council in 1870 have long since
"gone where the woodbne twinetn,n the uniortu-
nate jewellers firm who hlled the order find their
claim as hopelessly gone up the spout. Having
on the ground that there was no appropriation
from which to pay the claim, they sought to get a
peremptory mandamus against the Board OF Esti-
mate and Apportonment. directing them to make
yesterday denied by Judge Barrett on the ground
OF their having been nonsuited.
ANOTHER SURVEYORS CLAIM.
The details OF NJ. Edward Boyles claims against
the city for services surveyor have been too fre
quently given IN these columns to require recaptu-
laton. Some time since the bill was taxed for the
Abraham r. Lawrence, has fought earnestly for a
peremptory mandamus against the Comptroller,
argument yesterday, in Supreme Court Chamt ers,
on hsnd and insisted tnat the decision
covered this case also. Mr.. Lawrence TOOK
issue on this point, and said he decidedly objected
to having this case tagged on any other cases Mr..
Hawkins might have. Judge Fancher threw in the
remark that ne never knew two mandamus cases
alike, and that each stood on its own bottom
swell, must have time to prepare my return, -
protested Mr.. Hawkins.
.'Thats the old sngsong" said Mr.. Lawrence,
land am getting tired of it."
SLOW much time do you wants" the Judge asked
Mr.. Hawkins.
"Ii-ii,n began Mr.. Hawkins.
'sNever mind the ifs,'n said the Judge, s'rl set
the case down peremptoriy for Wednesday,
JOSEPH b. YoUNG's COPYING CLERKS.
| Once on time, and not very long time ago
either, MIR. Joseph B. Young, while Clerk OF the
| Board Of Supervisors, through authority OF the
Board, employed number OF clerks to extend the
/ tax books The aggregate OF their claims was
$l1, 500, and the Supervisors audited the bill for this
| Judge Pratt, who was then holding Supreme Court
| Chambers in this city, mandamus was asked Tor
1 against the Comptroller. MIR. Hawkins resisted
the claim, and the result has been that the clerks
have agreed TO accept 50, 900, and the same has
been paid to them on receipts being given absOlv-
ing the city from any further liability In the matter
Mr. HAWKINS IN sELF-DEFENCF.
AS Mr.. Hawkins WAS retiring from the arena OF
legal strife he approached the HERALD reporter
'Tne papers, see,n he observed smilingy, 'are
giving me rats about my being paid, $500 for
services in Albany"
~ suppose many think" observed the reporter,
that the charges were rather steep for pro-
fessed reformer."
81 acted the reformer, too" answered Mr.. Haw-
Kins, his countenance now as devoid OF q smile az
Worms. 81 saved the city millions OF dollars, ana,
instead or the paltry sum received, $780, 900 would
not have been too much for my servces.v
The great mandamus lawyer then withdrew,
and here ends yesterdays record OF mandamus
matters.