New-York tribune., 1878-12-19
THE BATTLE OVER TIE BOOKS.

INVESTIGATING COUNTY CLERKS FEES.
THE BAR ASSOCIATION COMMITTEE REHEARsEs IT'S
GRIEVANCES IN CoURT-MR. BEACH DECLARES
THAT THE COMMITTEE Is BIASSED, AND THAT
THE BOOKS OUGHT NOT To BIZ SHOWN.
The application for mandamus to compel
County Clerk GumbletOn to show the Bar Association
Committee his books, and especially the fee book Tor
mechanics liens came yesterday for argument before
Judge Davis in Supreme Court Chambers. The matter
was only partly argued, and the argument turned
largely on the chronology OF the proceedings On Friday
a demand WAS made on Mr.. GumbetOD for an iDspecSOn
of tho books. lie promised an answer on Saturday
Then the demand renewed aud pot III written Iorh
After waiting some time the committee lett the once
ami drew up papers which Judge DAVIS granted an
order 10 show cause why mandamus should not issue
Before his order was served MN, Mr. GumbetOn had
sent a carefully worded letter saying that he would
allow every lawn facility the examination OF his
books Tnis letter reached Mr.. Lord one or the MEM
bcrs Of the committee, after the County Clefks once
was closed On Monday the whole committee visited
the County Clerks Office and made new demand on
the Deputy County Clerk VINO, In substance answered
that whatever their rights the matter now in the
hands of counsel and he must refer the committee to
them.
when the case came before Judge Davis, william A.
Beach, appearing tue County Clerk objected to any
thing la relation the Monday demand being Drought
INTO the case That was, he saId, II worth anytnng'
the old case which must stand or fall by Itself
Mr. Lord rcc.cd at length the ormcrprocccdings and
commented somewhat sharply on the late letter OF Mr
Gumbcton as very nOn-COmmItal. Ii amounted, he
sard TO this: That the County Clerk desired to defeat
tins proceeding letter which should appear 10 give
something but dd To ascertain the good aith OF
the letter they had cucdon Monday and as bearing on
rhc good flh letter and not ~ an orinal cause
OF c,ion, thcy were entitled to nave DeoFe inc C"''
Mr BcacR answered with some warmth, fhat the let
Ter WAS written before the order 10 snow calS' was
granted. It threw open the book 9ii refused 70 fSe %
inc poger To put employees the rack. IL gave al tha
WAS demanded within the bounds OF pFuuthc' anu Plo-
prIcty That perfect answer TO the original mo
non Then this order to show cause came in counsel
were employed, and they advised that this committee
were uniy cAtiried To such facilities as other eItIehs
were gwen by law AZ future stage Of the proceeding
he wuulu relative behavior OF ms client anu
nc committee. HIS client had meant to show az mat in
nm amIcab, and I,t spirit they could demand but now
that tbs proceeding had been taken hey must
Judgs DAVIS said tnat when granted the order the
facts Justified but tuC letter OF the County CIerk
mate rev case. The new fact. seemed 70 concern tnc
good faith letter. which dG not inakt q very eN-
nrd p-ncredfngs ever before a Court. The statute re-
quIrc the entry fees book by the ohcer recr ing
them ana stipulated that that book SHOULD oe at All
times during business hours open Tor inspection by AL
pcrsous. Tnose persons whether a. individuals or a.
committee, u did not matter IN law which, desired 10
see them. The County C,erk conceded h' had such
BOOK had strong anxiety 10 SHOW II, ana wrote 20
come aud It, yet here were four Or i've lawyers
to ltigute the question whether he would shQw the
ccuris. The clerk would oe allowed reasonable time
4
Mr.. Lo!d-rnat Wi be satisfactory TO us'
Judge Dayls-lt OugHt To satistt anybody. .
Il did not satisfy Mr. Beach who canned that there
was question rIgHI behind the matter, Wn ther per-
sons came not citizens for legitimate pulpOse
ut uyOwtdy in hostility TO the officer ana 10 seek cause
asast hW entitled TO the rgns OF ordinary citl-
z,us lie claimed that The attitude ut persons applying
for AN Inspection record, made great dnerUuce IN
their nights and ia - Tn II the committee present
themselves 10 different altitude and make more eour-
teuus and reasonable demands so FAR IA haNe AS al
yl,er, rover with Clerk no VIII not permit nen 10
look M turse buOaS." fe OH red tnat u the Court NOud
nare any geU standing at the bar 10 make an
Imuarlal " nation, every book should be thrown
oucn 10 NM Dut facilities would he refused 20
those who came prOCiaung ucir better that the tlefk
wrougJer Mr.. Beach rrad tue resOuti OF tEe
Bar Association. appointing aud continuing the commit
tee To snow the Hnmus Ot the lnve>tgallOn, ana t1t
H. oBi ct was present charges To Grand jury he
argued tnIt the act ISi7 uad Deeu superseded ny the
acs OF aud lsGl. and that the old act was not IL
Tended To crafty curiosity. He also claimed that
tuc writ OF mdndamus being Discretionary, the Writ
should issue unles good purpose was shown.
Mr Lord. III reply, after answering olner points
argued that OF the chief points of the sta ute or Isl
wag 10 make the whole people a conscience To IT'S
oil ,rrs by giving them tu Information, and IN that
view not only was this examination not Tor Idlc cuil-
usity but furtheIance tue gcts Of the act After
bref reply from Mr. Beach, Judge Davis Reserved MS
decision.