The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-02-16

A Debate on the Responsibilities
Of County TreasurerS.
LAWYERS FEES TO BE REDUCED
Park Commissioner Martin Before
the Committee on Cities.
THE LAW AS TO MURDERERS DEFINED.

ALBANY, Fen. 10, 1870
In the Senate, this morning, the bill providing for
commission TO investigate the affairs Of the State
prisons amended by striking the clause provid-
ing for preliminary report from the commission in
April, and increasing the Appropriation for expenses
from SIS, 900 70 $4,000
TEXAS PACIFIC RAILROAD.
Mr.. woodin offered a concurrent resolution, which
adopted, calling upon the New York Senator's
andRepresentatives protest against the granting of
subsidy 10 tho Texas Pacific Railroad and like
schemes.
The following are the resolutions
Whereas appears that applications for the aid of the
the OF the bouds private
now pending IN die CSngsss o. the United states to an
ing schemes Of canals railroad other internal improve
and which are not demanded for present commercial mill
tary or national reasons; and whereas IL also APP
srcss are now seriously considering the propriety of
United states viii be eo%mitsed 70 guarantee or ndorsc
ment Of the interest payments upon the bonds romis
in the aggregate about Soooooj in gold for the pur
Texas 20 the Pacific ocean near the parallel
Of attuds With numerous branches thereof amounting 10
OF proposals. tends constantly 10 swell the number and
Of like aaoonaSe Character which have failed to secure
the approval Of private capitalists and which by heir com
with the proper subjects Of LEGISLATION be therefore
mpolitic dangerous this depressed and
heavy financial tor Congress to embark the country
Their demands national assistance the detment of the
be 3 to use ali proper
inuehce 70 counteract aud defeat such attempts and
delay. copy hereof to each of them.
RESPONSIBILITY OF COUNTY TREAsURERs.
debate OF length took place the County
Treasurers BILL which of interest in view OF the late
dealcation In Monroe county Mr. Harris renewed his
amendment that the banks for the deposit Of funds be
Board OF Supervisors. IL might happen that the
Boards of Supervisors being in collision with unsound
banks might make wrongful selection OF banks Of
deposit Mr.. woodin thought the county treasurers
ought to be allowed to designate banks deposit
be required TO deposit all moneys daily.
He objected TO tho Boards of Supervisors
being the authority 10 designate banks Of
deposit He also objected to the concluding portion of
the section which provides that all loss which may be
sustained by the default of any bank selected shall be
chargeable TO the county. Such provision unjust
and made to appear in the light OF the sixth
ton of the BILL which provides that the Treasurer shall
mako special deposit TO the credit Of tho State
Treasurer OF all money collected by him The money
being thus given in charge Of the State in Of de
alcaton the county in which 1t should only be
required TO pay its share of the loss Mr.
Hammond contended that the repository OF
the County Treasurers and his bill proposes correct
that abuse The Canal Board designate the banks for
the deposit OF moneys received by the collectors and
the c quence Is that the State has never lost cent
Alter further debate the bll was progressed.
BILLS PASSED BY rHE SENATE
The Annual Appropriation bill passed the Senate
also, the bill amending the military codo relative to the
IN litia Of the State
LAW SCHOOL sTUDESrs-
Dorman B. Eaton, ex-counsel Of the Erie Railway,
made argument this afternoon before the Senate
judiciary Committee IN favor Of the bill subjectng law
hQ
GOVERNOR WITNESS.
Governor Tilden LETT this afternoon for Now York 10
appear q witness tomorrow In the Tweed suits.
LAWYERS VKKa
Lawyers referees and others who arc fond OF pock-
citing big fees in mortgage foreclosure proceedn
will be very gratined TO Mr. Englehari, himself
lawyer, Tor the zeal he Is manffostng in cutting down
the old time perqu stcs OF the fraternity. He has al
ready introduced several bills which rather dis
tasteful 70 Shers and their pct lawyers and to-day
he went for attorneys generally In another
bill which PROVIDES that greater allowance than the
sum OF 500 shall be granted or allowed by any Judge
court TO the plaintiff his attorney in any action
proceeding for the foreclosure of mortgage, and
greater than $50 shall be charged by allowed
TO any sheriff. referee or other officer for his fees
percentage or services for any sale under a
decree Judgment of foreclosure II often
happens the way things stand that judges give the
lawyers OF plaintiffs In the suits for the foreclosure
mortgage 81 900 10 1900 aud that the officer who sells
the property Is allowed at the time from $500 70 $500
Il thus happens thai when man mortgage whose
property has been forecosed, to redeem It he
nnds from $4,000 70 $4,000 70 pay as an additional
burden by reason OF ths freedom OF throwing round
fees 70 .sfom," 'sDick" and saHarryn
EXAMINATIONS REEoRE TRIAL.
An effort s made 70 follow up the reform inaugurated
by the Trial and Examination bill, signed by the
Governor Saturday, and Mr. Patten has introduced
in the Assembly bill which provides that instead OF
holding examinations at the trials when they called
they be held at any time before the trials place
In the discretion of the magistrate This includes any
examination for the purpose OF making a certain
notion at the request OF the party claiming the right
before a judge Of the court where the trial Is
10 be had, or county Judge previous notice to the
party to be examined and his attorney beng given.
Other parties who may be opposed TO the motion
get notice five days unless the Judge sees "a 10 or
der otherwise When party is adverse TO the motion
and who Is so opposed because he desires frame
pleading, u required that affidavit shall be pre-
scented 10 the Judge showing the necessity for his oppo
sition- No one 10 be examined be compelled 10
attend in any other county than the which he
resides
Tho Committee on Cities held a session this after
and gave hearing to the friends and opponents
OF the bill introduced by Mr. Forster which legslacs
Of Office three PARK Commissioners and retains the
President Of the Board There does seem now that
certainty OF the passage OF tho which was SO
apparent last week, some OF the country republican
members have changed their minds TO tho
advisabity Of passing so sweeping bill. How
ever, II its passage is made a party question
they may be whipped into line Two OF the Commis-
soners whom the bill is aimed at--Messrs Martin and
O'Donohue-appeared before the committee and
argued against the passage OF the measure.
Mr. Martin said he was at a loss 10 determine
what points present their views since no argument
had been made in support OF the bill and petition
representation in It's favor from the properly owners
had been presented He treated the question nrst on
the principle Of administration, and said that from
the nature and variety OF the duties of the depart
ment, which comprehended so many subjects they
could be performed better when the President Of
the department had the assistance OF associates who
gentlemen Of culture and taste aud that in such
board there could be partisanship, because
each had TO agree on the appointment OF
every superior officer. No charge had been
made on any point Of administration
except that there was deadlock. This he wholly
denied The business Of the Board had steadily pro-
gresscd because the Affirmative measures proposed had
been such after investigation had commanded the
unanimous assent OF the Board To show this he
referred TO the documents prepared by himself
and Commissioner O'Donohue, the substance
OF which was published the HERALD on
Monday. The latter clauses OF that document
be presented his argument the pretended dead
lock and the advantages of number OF Commissioners
the Board He then, Tor illustration OF the work.
exhibited the maps Of the surveys OF the Twenty third
and Twenty fourth wards He had taken the RESPONSE
by Of defeating the old plans; his objection. which
was fatal The cost. The englneers had recom-