, 1877-01-14
THE SOUTH TOWN.
His Counsel Intimates that q
NIandamus Will Be Ap-
Piled For.
The Board, Without Taking
Action, Adjourns for An
other Week.

--N
other Week.
Public Opinion Favors the Collection by
! Legally Elected Official.
The South-Town Board held another meeting
Yesterday afternoon in Justice Meech's office
to further consider the matter iof the appoint
ment Of Collector. There we're present Jus,
tees Mech, Haines, Wallace, Foote, Pollack,
Dc Wolf, end Summcrfcld, and Supervisor
Lincoln and the Town Clerk. Justice Summer
field presided. In addition, there we're about q
score Of lookcrs-on.
Supervisor Lincoln said that at the meeting
Tuesday he made motion that the Board pro
eeed to appoint Collector under the statute.
An argument took place, and, pending the dis
cussion, the Board adjourned. The molten was
therefore still before the body. he did not de-
sire to say anything additional then, but if any
thing further Was submitted he would have
something to say. Ii there was to be no more
discussion, he supposed the proper thing to do
WIS to put the matter to vote.
Justice pollak remarked that the first thing
to determine was whether there was Il vacancy
Supervisor Lincoln supposed that was ill.,
tANCAs LIZ uAQ uO 0OQut 1DOuL IL u1U1SC4-
Justice Pollak rejoined that there seemed to
be difference Of opinion; the Supreme Court
Lad decided that there was not.
Mr.. ". e. Goudy, On behalf Of Evans, asked
the Board to postpone the consideration Of tho
question until some future day. Since the last
meeting Evans had procured some additional
signatures to his bond, and had almost certain
assurances Of being able to secure others, which
would make the bond much better than it was
at the time the Supervisor passed upon it. In
order to enable him to do this lie requested that
the Board adjourn to some future day, giving
Evans IN opportunity to procure the additional
security.
Supervisor Lincoln replied that there had
been delay OF sixteen DAYS in the County
he used by the Collector for the collection Of
taxes After that, the necessary steps to call
the Board together were not taken by himself
Until ten days had expired. And then the Board
adjourned until to-day Saturday. During all
that time the taxes required to be collected by
the Collector Of the South Town were not being
gathered in. He did not regard it as j matter
Of any consequence whatever to any
lected were delayed, except those belong
ing to the city. He had been informed
ty the Comptroller and the Mayor that it was
very important that the money belonging to the
city should come in speedily; and, US he said
Tuesday, he thought it Of the very greatest i'm.
portance that a Collector should be appointed
to receive aud collect the taxes. Therefore he
could see no earthly reason why any postpone
1nent should be had. He would say further,
in his opinion. additional names would |
not alter the situation in the slightest. |
The bond was presented to him for |
approval on the 18th OF January. It |
vas not sufficient, and was disapprored by MIN.
II any other bond WAS uoE presented, it would |
be presented beyond the time allowed By statute,
aud would not be a bond which he could con- +
slider, If presented By the same claimant to the |
office.
JUSTICE WALLACE
said the only question for the Board to consider
was what was Tor the best interests OF the city
They should lay asidcall prcjudiccs and politics,
and not let political fight come in. II it were |
best that Collector. should he appointed i'm
. ris tss to do SO and there was q vacancy II it
was best that Evans should take the books and
collect the taxes,-if it was likely he would do
morc than anybody else in that direction,-i
do 80. As to action heretofore, the political
light, and Evans position before the communi-
ty, they should forget it, and act just IS II moth
Ing had occurred.
Supervisor Lincoln remarked that the words
tspoliticai fght'' had been used. He did not
think the Justice intended thcn to convey the |
meaning which would be attached to them. Il |
lie meant that the controversy which had exist
cd for the past year WAS political tight in the
Sense that it was fight between the Republican
md Democratic parties, hc-
Justice Wallace interrupted. He did not
1ncan that. He did not alludc to parties The |
fight was between the better class and that COM
Monlv known as "bumlners.n
Supervisor Lincoln remarked that that Was |
true IN order to PIT a .quietus upon any
oe he snes Msed ei to have oE r
lector, when the time arrived, Mr.. Mark Kim
ball, who was rs well known a Democrat as
there was in tho city. All knew he QLincoln)
vas wa: Republican. There was no contest as be-
Nnf0nrrc}c N md Rar>+, 1
contest between what is regarded as respectable
citizenship and bu1nmerism.
Justice Haiucs agreed with Justice Wallace
entirely. The only question was, What was for
the best Interest Uf the city3-whether it was |
Tor the best interests Of the city for the Board
to take action which inayb overturned at the
end OF long and expensive litigation, or whether
it was best for the Board to give the parties
Evans and Glceson) time to apply to the courts
TO ind out what their rights were Mr. Gouay
stated that Evans had got additional names to
1lis bond. The Supervisor said that it didn't
Supervisor Linooln-As am at present ad-
yised.
Justice Haincs understood it Was grave
question between the lawyers whether the
words OF the statute were simply directory or
not,-Whcther q bond continued outside of
the time which the law provided for its fling or |
not That question might have to be settled. |
1t might be necessary for q court to pass upon
it. He did not think the Board desired to as
sumo any responsibility unnecessarily, or to
compllcate matter which
WAS ALREADY TOO COMPLICATED,
and had so many different phases that even the
attorneys didn't know all about it. If Evans,
through lis attorney, would state that be
would go intJ court, or take such steps as
would settle the matter between now
mud some reasonable time In the future, |
The best course for the Board to pursue would
be to adjourn. II he {Evans) failed to do that,
it would be an acknowledgment Of the weak =
ness OF bis case. If he succeeded, thcu they
would be safe from unpleasant responsibility. {
tor bis part, he had taken just rs much respon- +
;ibllity as he desired. The Board tried it once
md failed. and he didn't want to hare them try
again. The tax-wa1rant must be returned BY |
,be 18th OF March. II man was put in as Col t
cctor who had no right to act, and the Court | +
'r1ercd some one else the parties might taugle t
l1e matter up in the Supreme Court so that :
Nobody could collect the taxes. If the parties =
ould settle their disputes before some court at
'nce, it would be eminently desirable. The e
eputatiou OF the Board as a legal authority u
;.ouid not justify them in running contrary to =
he courts. e
Mr. Goudy stated that it was the purpose, in i
lSc sufficient DUstDOnement was allowed. to | n