The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-29
GUMBLETON'S REFUSAL.

ARGUMENT OF COUNSEL BEFORE JUDGE DAVIS
OF GOOD FAITH.
The closing arguments in the application for writ
OF mandamus against County Clerk Gumbleton to
compel him submit his books to the committee of
the Bar Association for examination were made yes
terday, before Judge Davis in Supreme Court Cham
bers. Messrs Lord. Bush. MacLean and Knox were
present to support the motion. and Mr.. Gumbleton
represented by Messrs Beach and Meade Mr..
Lord informed the Court that the committee had
called the County Clerk Friday under the sug-
geston Of the Court giving Mr.. Gumbleton twenty
four hours in which to submit his books to the com
mittec. and the fact published in the HERALD
yesterday that he had referred them to his counsel
Mr.. Lord also submitted in the form Of an affidavit,
which supported by his colleagues, the original
letter OF the Bar Association dated December 49, and
he stated that Mr.. Gumbeton's reply dated the fol-
lowing day, was received late that the order to
show cause had already been applied for and OBJ
tanned.
MR. BEAcHs RESPONSE
Mr.. Beach, in response. said he only desired to call
the attention OF the Court to what he considered
misrepresentation Of the position assumed by him in
the previous argument, shown by the opinion of
the Court. In commenting the answer given
by the respondent to of the demands
Of the committee for an inspection no; OF the
during business hours and when not actually in use
not sufficient He admitted that such
IL made unnecessarily, would not be sufficient,
but 1t would be when book was actually in use.
The Court spoke of this right superior one, abb
solute aud above all others, while he claimed that
1t a relative right, subordnatod to other
rights and subject to the actual bona fde
use of the books in the of business.
The Court. he thought, had also misconcelved
his meaning in assuming that he had argued that the
County Clerk might refuse inspection to all persons
whose motives he was led to suspect What he meant
to assert was that the person making the demand
for inspection must have laudable and proper
purpose in making it to entitle him to invoke the aid
Of the Court by mandamus under the statute. He
argued that before the Court will interfere it must be
shown that there was an express and explicit demand
upon the part of the REALTORS well refusal
the part of the respondent Both the demand aud q
distinct refusal must appear by the afiidavits.
EVERYTHING DONE GOOD FAITH
To show that mandamus would not issue unless
there serious right involved he cited the of
Darcy The Fourth District Court of New Or
carry much weight because OF the suspicious
from which it comes. He then claimed that the
the Introduction Of proofs Of facts which took place
subsequent to the beginning OF these proceedings.
Prior to the commencement Of the proceedings the
respondent did not refuse to allow an examination.
as was shown by his direct and positive
affidavit and by his letter Of December a.,
to s the O. INSPECTION. s Which ' they DEMANDED s
This did not satisfy them. and they resorted to the
force Of the courts. Mr. Beach also claimed that
respondent which the Court had imposed not a
proper test because the circumstances had changed
between the time when that offer made and the
time when the Court applied the test. Mr.. Beach
also called the attention of the Court to his own
affidavit and that OF Mr. Meade to the good faith OF
that Offer and said that. Gambletons counsel they
had advised him in good faith They had subsc-
quently advised him not to comply with the demand
afterward made or with the previous offer.
RIGHTS OF THE RELArORs.
Mr. Lord in reply, said that the questions before
the Court what rights the statute gave to
citizenswhethcr the REALTORS had any rights under
the statute. After recting all the which
had taken place in regard to the demand and the
fusa he said that the Court entitled to infer
from them, they appeared III the papers,
whether there had been refusal to comply with the
statute.
At this point Judge Davis looked at the clock
ousy, at which action Mr. Lord expressed his regret
saying Il am sorry to see Your Honor look at the
clock. for it suggests that am going too far
"Oh. no." Judge Davis answered laughing, 1.-THE
clock only suggests the hour of day"
lii conclusion. Mr.. Lord said Mr.. Gumbleton
seemed to think that the application to the Court
at OF the grossest improperly. 1t would not
be regarded by persons less sensitivey organized
He claimed that Mr.. Beachs suggestion to submit the
question of good faith 70 jury irrelevant and lie
insisted that no issue had yet been. shown which
ought to be passed upon by jury.
The Court took the papers and reserved its decision