The New York herald., 1877-11-16
TOO MUCH MONEY.

THE LEGAL FIGHT FOR COMMISSIONER OF
JURoRs-wHAT IT COST THE CRY.
Mr.. Thomas Dunlap Commissioner Of Jurors re-
ceivcs salary OF $l5,o ,oOo per annum, which amount
has been fixed by legislative enactment The propo-
ston to cut the salary to So 900 before tho
last Legislature. The Board OF Apportionment have
also had the matter before them in different shapes
The latest aspect OF the case far the Board Of
Apportonment is concerned, comes In tho nature OF
app ication from Mr.. Dunlap for $1,000 S5. II is
stated that this amount expended by Mr.. Dunlap
in Iitigating the question to whether he or Mr..
Douglas Taylor entitled TO the position OF Commits
soner OF Jurors.
No moneys to meet this claim in the hands Of
Comptroller, that tine opinion OF the Corporation
Counsel was invoked to the power OF the Board Of
Apportonmen TO make the necessary transfer or the
purpose OF dscharging such Indebtedness. Corpora
ton Counsel Whitney yesterday sent in opinion TO
the Board IN which ho holds that the city is liaDic Tor
this charge. In connection with the decision Mr..
Whitney cites section l13 oil tho charter, which
tains the following appropriation or payment
tor the contcstng OF The Office Of Mayor any
the Board OF Aldermen or oflce In any department. or
the office OF Tny officer whose salary paid from the
city treasury, shall be made TO any but the prevailing
party, nor shall any such Appropriation or payment
be made to such prevailing party except upon tho
partment and OF the Chief usice OF the Court OF Com
mon Pleas Of the city ana county of New York 10
the value Of the services rendered In the case"
that "tnc value OF the services rendered in the SUIT
brought against Mr.. Dunlap by the people and Mr..
Douglas Taylor was first investigated by reference
TO Mr.. William NJ. Pritchard, who reported the
at So 094 85 rne certificate as to the value OF the
services was also given by Chief Justice Daily, OF tho
Court Of Common Pleas. and by the Corporation
Counsel The latter, consequently, concludes that
the Board Of Apportonment has tho power 10 make
the necessary transfer or place the amount in the
budget OF 1873,
the report OF Referee Pritchard placed the amount
Of oicompensation TO Mr. Dunap's counsel as follows-
William NJ. Evarts, ST. 500; Frederick Smythc, 1000;
Benton n. Harrison, $500 The sum Of $67 was paid
for printing and $27 80 Tor other disbursements
ACTION ny TIM BOARD oP APPoRTioNMENT
when the document was handed In at yesterdays
meeting OF the Board Of ApportOnnent Comptroller
Kelly remarked that ths newspapers mad a good deal
to say about the Board to Increasing the salary Of
the Commissioner OF Jurors That statement was
not correct The salary had been fixed by the LegIs
lature and the Comptroller was compelled TO pay It
unless the statute was repealed.
Mayor Ely thaving examined carefully Corporation
Counsel whitney's opnon) said that II the CITY werc
liable for this amount he was IN favor OF paying It,
Comptroller KELLY (emrhaticaliy)-You have no
power to DO otherwise. pill was introduced IN tho
last Legislature reduce the salary Of the Commis
soner OF Jurors to $4,000 per annum. II was loaded
down with an Unconstitutional provision which ai-
fectcd tue salary 0i the present Incumbent and Gov
ernor Robinson compelled TO veto the bill. The
Board Of Apportionment or any other pupiic body
has power, under tho law, TO interfere with the
salary OF judicial officer during his term OF office.
Alderman PURRoY-Did notstnc Court OF Appeals de-
eide that the Commissioner Of Jurors was Judicial
oficerY
Comptroller ELLY-Ccrtainy. They talk about
their reform measures Why, everything they at.
tempted there a violation OF the constitution.
Notwithstanding the opinion OF Mr Wntncy, and
the emphatic decaralons OF Mr. Kelly to the clear
moss OF law governing this appropriation, Mayor
Ely still hcstated TO sanction the payment He again
read over the statements Of the Corporation Counsel
but after some further debate he voted for transcr
which would enable the Comptrollcr 10 deiray MT.
Dunlaps expenses In tnis particular.