The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-03-05
KELLY AGAINST GREEN.
Justice Denies the ConptroIler's Right 60
Question him rs 10 his Honesty.

Justice Kelly's fight against Comptroller
Green oocupied the Fourth District Court four
hours on Friday. Green refused to pay Kelly
his salary fjrJ ,nuary, 500 unless he would an
swer, under oath. questions as to whether lie
rad received fees for summonscs In summary
proceedings. In the Tweed times the civil jus
tices charged s. for every such summons, and
put the money in their own pockets; but the
new charter commands the rendering to the city
Of every cent collected, and also permits the
Comptroller to withhold salaries from city en-
Dloyees until thev have sworn that they have
been honest in every particular. Justice Kelly
refused to be examined, and consequently got
no nav. He sold his claim to his partner MIR.
Mackey. who broughta suit in repievin TO obtain
tue warrant which Is an order on the Chamber
lain for the cash. Green refused to deliver the
warrant to marshal empowered by Justice
Dinkel OF the Fourth District Court, aud was
arrested. Then Mackey sued Green for tn war
rant I'll cling its value Mt one dOllar, and that suit
was tried Ia Justice Dinkel's court yesterday.
minutes. Lawyer Bell looked after hts interest.
Mackey conducted his own case. assisted by
justice Kelly. Many politicians were present.
the proceedings being keeny regarded because
OF their significance a. a revolt against Groen.
Justice Kelly 'estined that he demanded his
j nuary paw of Green's dsburslng officer, GuiOu.
and WIS told that he woulu have % be examined.
He replied that ne would not submit to ques-
tiontn1 unless Green's authority for the reauire-
ment was shown to HIM.
since you have been Justice have you re-
ceved any fees In summary proceedings - Mr..
Bell asked.
NO" was the quick answer.
TINS seemed TO a~tOnish many OF the hearers.
Justice Kelly further testified that he was asked
to make a return to Green OF fees received. ana
made statement denying that hO had received
any but that q cen fused to accept IL, IndiD-
t,ininQ right to examine under oath. lie de-
MED that any fees were charged IN his court in
dispussess proceedings.
Mackey testified that Green refused to deliver
the warrant when 10 was dem inJed OF him, and
eve the following as the dam ages VI lined:
Cost OF summons In replevin sut..............N 90
Cusi % AFFIDAVIT m replt VIA suit l2tt
Mhrshhl iee OBSERVATION-DISCLOSURES. %
Mdfhhai car iafe 10
'"iue VI 20
Totn.............................~........,s seS
The defence was that Green IA uncovered by
law To acc exactly IA he did In kelly's case, not
withstdnding that Civil Justices are not en-
ployeCs OF the cry Government. Long arr
ments ensued. IN the coui 80 of when Justice
Dinkel, on the bench. said " n the Comptroller
MS the citv To derive profit from SUNNI ry
proceedings In these courts. ne must have a
proper law made "A the law stands, we are
not empowered to charge fees In such cases.
never char1e any. nor does my clerk"
We ~ r to prove" SAID Bell. " that in the
Ihrd District Court, IN 1870, fees were received
IN summary proceedings, part Of w.ich went to
the Justice"
~ rae ,e 0ue" sad his Honor. DO you
want to show that, because otner fellows stole,
we s.ealH"
he C,mptrolicr only claims the right to ses
that YOU don't"
Justice Dinkel reserved his decision.