The New York herald., 1878-12-19

whether. under the statute, they have not the right
they ask for"
THE NEW AFFIDAyrTs
Il want first to answer the new afhdavits," said
Mr. Beach.
Tar as this question is concerned il is not
necessary" replied Judge Davis.
We don't want them on the record" insisted Mr..
Beach.
"In passing ON that question" continued Judge
Davis II Will exclude them, because they are totally
immaterial. If 60 INTO the facts then the question
viii arise whether shan admit them"
"Does Your Honor propose 10 hear this motion by
sections?" Mr.. Beach inquired
"Yes, sir, answered Judge Davis promptly.
.'Ihat is one of the mysterious methods OF the
relator that cannot comprehend. said Mr.. Beach
THAT is originated by me. Judge Davis rejoined;
ment in this course Tho question arises as though
you dcmurred TO their application Then you hold
the affirmative, and it gives yon the advantage OF re-
plying"
II am grateful for that replied Mr. Beach, "bu.
it calls upon suddenly for discussion Of the ques
ton. did not expect it just in this shape
Il suggested it said Judge Davis, because you
stated you were prepared to show 1t.
MERITS
Mr. Beach now began his argument on the merits
OF the case He opened by reading the resolution of
the Bar Association, reclting that it no.
torous that unauthorized and excessive fees had for
many years past been habituay charged in the
county Clerk Office and appointing committee OF
i've to receive complaints and present charges to the
Grand Jury. He also read supplementary resolu-
ton which directed the committee to make careful
examination of the County Clerks Office and take
such action as should most summarily correct any
Mr. Beach continued. ''sought by a committee ap-
pointed by voluntary association without any au
thor tv over the subject and with denuncation of the
County Clerk a criminal they seek to search his
books not as individuals, but collectively as com
rnittee for the purpose OF satisfying themselves
whether they detect irregularities wrongs suf
fcient in the Office TO justify presentment OF the
County Clerk to the Grand Jury. submit that they
have authority of inspection for any such purpose
The statute of 1S47 had a specific object. At that
period the County Clerk received sal
airy of $4,000. He directed by that
otn.a to
furnished at the expense of the city and county for
the purpose of recording certain fees which We're
regulated by statute and required to furnish the
Comptroller monthly accounts OF the fees received
and pay over the aggregate into the treasury.
Another section requires that these books
be subject to the examination OF all per-
sons desiring it. / submit that that means only
that they shall be subject to inspection in the
same way as any other records That brings us back
to the question whether persons having no indi-
vdual or private interest, no right or title which
they desire to assert no legal necessity which de-
nands it, at liberty to crafty their curiosity or
for any other purposes to enter any OF the pubic
Offices of the city and demand an entire and thorough
examination OF its records l submit that the
statute of 1S47 such thing; that its
object that the fees received by the County
Clerk should be turned over faithfully to the CITY;
and nothing more. These gentlemen don't pretend
that their rights special or private have been al all
infringed upon or sacrificed. They don't say they
have been charged unlawful fees, yet ask inspection
OF the records TO get evidence to support that propo
slton.
NO RIGHT TO EXAMINE BOOKS.
After citing authorities to show that mandamus
would only be granted where clear and unquestioned
legal right established, Mr. Beach insisted that
the REALTORS had shown no right to examine the
books that there purpose to be accomplished,
good or bad. They simply said they wanted to satisfy
themselves whether unlawful fees were charged
or not In 1853 the Legislature passed an act
authorizing the County Clerk to retain
all fees for searches, which constituted the great
body of fees .chargeable by the County Clerk. and
which was constructive repeal of the act of ls4' in
regard keeping these books at least so far as the
fees for searches were involved. 1t could not have
been he urged the policy of the Legislature to re-
quire entry fees that not to be paid over
to the city, and that the REALTORS not III posi-
ton, in the characters in which they appeared, to
ask for mandamus.
INSPECTION As INDIVIDUALS.
reply Mr. Lord stated that the committee claimed
the right of inspection individuals; that they con-
ceded that under the general law to mandamus,
only those having private interests could demand an
inspection of books. but that their claim was based
on the of 1s47 which explicitly gave the right
to all pen sons Under that statute, he urged it was
not for the County Clerk to demand the purpose for
which they asked permission to inspect the books.
Mr.. Beach followed with long reply after which
the counsel passed up the papers to Judge Davis for
examination. The Judge reserved his decision.