The New York herald., 1878-12-19
WHAT THE STATUTE OF AZ SAYS.
MIR. Beach Tries to Block The Bar AssO-
eiatiOn'S Little CAME
HAVING 10 INTERESTS COMMITTEES HAVE No RIGHTS
Judge Davis Takes the Papers and Re-
serves His Decision


tuted by the Bar Association against County Clerk
Gumbeton and in which Judge Davis. OF the su-
preme Court granted order to show cause why he
should not allow the committee appointed by the Bar
Association to examine his books. to inspect the
same, was manifested in the immense throng which
assembled at two P. VI. yesterday supreme
Court Chambers to witness the proceedings in court
pursuant to such order. Noticeable among the crowd
was large number OF politicians. All the members
of the ecommittee--Messrs Artemus II. Holmes, George
De Forrest Lord Henry +. Knox Charles F. MacLean
and J. Adriance Bush-were promptly on hand Mr.
Gumbleton put in equally prompt appearance, at
tended by his counsel Mr. William A. Beach.
rIELMr,AEY sKIRMIsuNG.
The leqal fight began ~ Mr.. Beach stating that
before the service Of the papers the County Clerk
requiring him t. show cause why the mandamus
should be granted tile rcator had been served in
writing with permission to make the examination
they demanded. About twelve o'clock yester-
day Mr.. Gumbleton served with add-
tional afidayits, setting mp that since the
service Of the original papers the demand for
the inspection Of these books had been renewed
and refused, with notice that those afidavits
would be used upon the hearing. His readi-
ness to proceed with the argument de-
pended entirely the question whether these
additional adavits to be received by the Court
He objected to them because their papers would
show that prior the service Of the additional papers
and before the application for the mandamus every
facility for the desired examination had been offered
by the County Clerk to the gentlemen in writing. If
the Court concluded to take the aaidayits addi
tional time would be required to answer them.
Mr.. Lord said il true that about five o'clock on
the afternoon Of the day which the order to show
cause was granted and before it served he had
received uon-committal letter from Mr.. Gumbeton,
but it out Of his power 10 communicate with the
other members Of the committee until after the
vice had been made. They then presented themselves
ut the County Clerks office and again refused
by the Deputy Clerk the inspection asked
for. Mr.. Gumbleton at the time absent The
deputy clerk informed him that his powers were
limited, that the books asked for among Mr..
Eunbetons private papers and locked up in his safe
knd that, the matter before the courts, Mr..
Gumble.on had directed him to refuse any inspection
until the matter was settled Subsequently to
the County Clerk presenting these facts and received
a reply from Mr. Meade telling them that Mr. G Gum-
bleton had been advised to take further action
iii the end Of the legal proceedings. He contended
that the afEdaSits ought to be read without
casoning any delay as they contained new infor
NATION requiring additional time to answer. They
simply showed that Mr.. Gumbleon's profcssed will
ingness allow examination Of his books but
profession and that his real intention to pre-
vent any inspection at all.
Mr.. Beach replied that it important that it
should appear what the demands Of these gentlemen
were Their statement was that their object was to
enable them to ascertain whether not the affairs
O. the County Clerks office were conducted in COM
pliance with law, and for no other purpose. The
examination was nquisitorial, and i was not
the duty Of the CLERK place his subordinates upon
the rack to enable these gentlemen to ascertain
whether they were rOgues and kuayes or not. These
gentlemen before they instituted proceedings were
offered all that they demanded at least within the
bounds Of prudence and propriety. They should not
BE- allowed q prop mp their case by additional
MOST ABSURD PROCEEDING
The relators desired the supplementary afidavits
said Judge Davis. to be admitted for the purpose of
showing want 81 good faith the part Of the county
Clerk in writing the letter giving permission 70 the
committee to make the examination asked for. il
does not seem to me 20 be very explicit document
in itself and, II the afhdayits should show bad
j would not deem i my duty 70 dismiss the pro-
ceedng. The at.idasits might properly be consid-
cred by setting up a state Of
facts, but showing what occurred which il was
claimed bad faith on the part Of the County
Clerk Ii / came t. thu conclusion that tie Cierk
really intended comply with the request OF the
committee would then deem il my duty 10 dismiss
tbe nroceedfng ana leave the committee to male 4
new application. After all. this strikes me as one 81
the most absurd proceedings ever knew in q court
of justice. There is statute which IN plain
says the County Clerk Of tho city If New York shall
keep certain books IN which shall be entered items
of fees received for services rendered by his office,
aud the statute declares that such books shall All
times during business hours be open the inspoc-
lion Of all persons desiring to them. 1t II not
w
statute Il IL enough 70 gee that the statute requires
such books to be Kept These parties desire f0 look
at these books and inspect them. They express a
strong anxiety to have access 70 these books; the
County Clerk nanifests o strong anxiety that they
should not Then comes the absurd proposition that
they should have litigation over the question. and the
matter is brought here with four five lawyers
each side. They ought g arrest this proceeding. /
win hold il in suspense and allow the County
Clerk during reasonable hours tomorrow. the
committee look into these books aud that VIII end
the whole case. Then a proceeding e. ascertain
j o. a
public officer II perform simple and plain duty
VIII not have r. ~ passed upon
ALTOGETHER SATISFACTORY.
That VIII be satisfactory - n said Mr.. Lord.
~ ought q satisfy anybody, said Judge Davis.
Honor does not see beneath the snTiaco nope to
have ia opportunity, AMI mean q have Il, g get
opportunity 10 address Your Honor upon the policy
and effect Of the application q this statute. think
Your Honor L. mistaken ~ the idea that II makes
difference by whom demand for inspection Of
these books j. required whether Il comes from one
having personal interest IN the mattar--hay ng
private and pecuniary interest 70 assertor whether
1t comes from gentlemen who ayow themselves .
committee of corporation, who. in the beginning.
aenounee the county Clerk ~ an cxtortioner aud as
they want 70 satisfy themselves whether the County
Clerk is such a character.
Gorse ron THE COMMITTEE.
"l propose - show, continued Mr. Beach, mot
only by original reasoning. but ~ authority of the
Court ot Appeals, thAt these gentlemen IA at capa-
city and for these purposes. huye power 70 enter
into public Office and demand inspection ot the
books Of thar office l think Your Honor viii see
that this of 1slT coniers liz such authority.
aud / Your Honor VIII not criticse
freely the demeanor suavity Of the County
Clerk when these gentemen-hve in nnnDer--with
their ayowhl to him thai h. Is knave and they want
md il out, II hc is not quite courteous and
Iune under other circumstances he might be. II
~ not simple matter, Iva tc view which Your Honor
presents, aud vii undertake % satisfy the judicial
judgment Of Your Honor that these gent encn
in tic aypwa they make, and ~ the capacity
they present themselves, have not the sli, IN est
right examine Those books aud, until they present
themselves I'D a different attitude and make more
courteous anu reasonable demands. 50 far g. have
power advise tho CLERK be viii not permit them to
look at these books. | make that statement With
the ayOwal that X Your Honor will desig
nate any gentlemen from the Bar OF this
flfv 70 lnsnnct those hnnks. eYery book and