The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-12-19
CLERK GUMBLETON'S BOOKS.
MIR. BE1 CHS ARGUMENT AGAINST THE
LETTER or THE STATUTE,
The Light In which the Lawyer Regards the
Committee Of the Bar AssociatIon-Ths
Books Not Open to Detectives or Mobs.

The Light In which the Lawyer Regards the
Committee Of the Bar AssociatIon-Ths
Books Not Open TO Detectives or Mobs.
William A. Beach represented County
Clerk Gumbleton In the Supreme Court Cham
bers, yesterday In the arguments on the appli-
cation OF the Bar Association Committee for
n mandamus to compel the County Clerk to
show them the books in which record Of all
fees received in his offico are kept. Our
papers will show" ho said that prior to the
service OF the original application for man.
damus. every facility for examining the books
had boen offered to the Committee. This Is a
sufficient answer. Now they propose under
additional affldavlts. to make new applica-
tion. We object If your Honor decides against
us. we want time TO meet their new affidavits."
Mr.. George De Forest Lord. ono Of the Com
mittee. said that 1t was true that after Commit
teemen Holmes and Bush had started to como
to the court to make the application ho had re-
ceived a letter. in some respects uncertain In
its tenor. which seemed TO grant the permission
the Committee had sought That letter gave
the matter a new aspect. but It camo too late.
The Committee. however. visited tho County
Clerks ONCE again. and were third time, not
withstandinR the offers mado In the lettor
refused permission to SEQ the books. The OK
ouses made by tho Deputy County Clerk were
that his power was limited and that Mr. Gum
bleton had placed his case In the hands Of law
Jers. Aiterward he met Mr.. Gumbleton per-
sonally and expaihst TO him what had oc-
CURED in the Office In addition TO this 10 put
everything beyond dispute. he had written him
q letter In answer he received a letter on
Meade These letters iett tbe SfIsIr wbero Il
had been before. There was no new matter to
be intrQduced and no surprise could DO claimed
Mr.. Beach pressed HE former point He said
that. although tho papers served by tho Com
mIttee were indeed In transit at the time they
received the written offer OF Mr. Gumbleton, yet
the process OF obtaining the order 20 show
esis ncs se eey sh9ad haSs
letter before proceeding further.
Judge Davis then said; Al the time. when
seem TO have justified IT, What was done on
Monday by the Committee after the application
been done TO test tho sincerity Of the offer made
by Mr.. Gumbleton in his letter. That letter does
| not seem 10 he plain and explicit document.
After all cleaning back in his chair this appears
| 70 bc ono OF the most absurd proceedings ever
| heard of. We have statute that the County
| Clerk shall keep certain books-very plain and
simple books In their character--and that these
| books shall be Kept open AZ all times during
9esr9ss n99ss i3r pG onn an pef1ops
comedies that he has Just such books.
The gentlemen & St the. tho. ooPmi'tee eon5, re-
| Clerk expresses a strong anxiety that thoy
should see them. Yet here we are considering
WnetutF we suhll not kp lnto II kTtht lllKhtlOnt
with an array Of learned lawyers on each side,
| think | ought 10 arrest this proceeding and
allow the gentlemen OF the Committee 10 90
hours tomorrow. and see whether or not n
public officer will perform his plain and simple
We are satisfied" Mr.. Lord and Mr.. Bush
Of the committee exclaimed quickly. one after
=" And / suppose everybody is." tho Judge
said. ,,,,,,,,,. ,,,
| tx~An a nj an tha frfn naa ~
The Judge. the members. Of the. committee
grayer expression than It had previously worn
II makes great difference" he continued
whether application to see the books Of pub
lie officer is made by citizen having private
and p-cuniary interest Rt stake, or whether II IN
| made 10y commiuee having iosslDy ieehng
| and going to him with dishonoring accusa-
ton on their lips and an avowal that they wan"
| quoting from the Bar Association rcsolutionsl
| TO satisfy themselves. ! propose u show that
| for such a purpose they have no right under
| the statute ithe law Of lS47 10 make the nppli-
cation. II is not a simple matter. and propose
! 90 make that plain TO your judicial understand
with accusations. they shall not II have the
RIGHT TO advise him. have leave 20 see the books %
| V'nder This lnst declaration of Mr. Bench
| Judge Dayis's proposal to arrest the proceeding
| In order 10 give Opportunity TO the Committee
| 10 mako another Application 20 sec the books
| this morning passed out OF view II was agreed
that Mr.. Beach should argue on the right of the
| Court 10 grant n.andamus on the application
| made 10y the committee on saturday. New
| aifldAvits in the hands of Mr.. Lord and the AMI
| davlts prepared IN Mr.. Gumbcton's behalf We're
| thus ignored. Mr.. Beach accepted the situa-
ton but he said that he had not come prepared
| 10 argue the case. He had expected 10 get an
adjournment. in order 10 prepare aiiidavits 10
meet the new amdavits offered by tie Com
Before making the argument" he objected
| with slight show OF Nervousness, we ought
| 10 have our afildRyits brought into the case"
% Use tho facts in your atlidavits.' Judge
| Davis said lazly apparently enjoying Mr.
Then Mr.. Beach addressed himself to his
task. He snid that he would. In the new aspect
| OF the case. have 10 reverse the way he had in :
| tended 10 present his argument. The object Of
the statute OF ls47, be said was 10 insure the turn
ing over the fees Of the County Clerks office to
the city. To secure that end II was not necessary
| for the public 10 see the books. That was the
duty Of the Comptroigr. The purpose the Com
| ince OF the Bar Association. The Committee
did not say that Mny Of them has been charged
unlawful fees. They came with the charge that
the County Clerk was an eXtortionist. No one
| had right tor mandamus 10 compel any public
| can't is a sufferer What was the purpose OF the
CommitteeY Was it politicalf Did they want
10 unseat an obnoxious officer
Their Object, the lawyer continued, with
added emphasis. " Is known only 10 themselves
and with long look at the five members OF
| the Committed somebody else.
Il deny " he added. that there Is any organ
iZatiOn that can create q committee OF detectives
g ransnck a public office, and unless your
| these gentlemen they won't be likely 10 gel into
Mr.. GumPleton's office as long us have power
Mr. Beach then quoted from n decision rem
| dered by Judge Miller 1.-THE Court ot Appeals,
IN the caso Of t9e Ieople against d9 5aG hoard OF
Tie principles which govern tho issuing Of a writ of
msplaas 70 compel The ps19rms9es e 9 9n & az which
icd that where remedy OF this eheTaeter isia'oAed
Judge Davis asked whether the word " un-
| questioned" was in the text as Mr. Beach had
read IL, ,.- IL