The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-11

VOuminOus Statement Denying Accusations
of the Bar Association.
BIZ JAMES HIS DEPUTY.
Never Willingly Overcharged for Searches
Regarding Property.
ALBANY, Jan. 10, 1870.

III the Of Register Loew counsel on both sides
appeared before the Governor this morning at eleven
O'Clock. The OF the Register to the charges
was submitted, and the Governor fixed the time for
hearing arguments at half-past two O'Clock this
afternoon. The hearing took place before the Gov
ernor with closed doors. Messrs Mclean, Bush and
Knox. Of tho Bar Association. appeared in
support of the charges against the Register
of receiving exorbitant and Illegal fees, and
Messrs Judge shipman. vanderpoel and Charles E.
Loew brother of the Register appeared for Register
Loew. After lengthy consultation, in which re-
marks made pro aud con- tho Governor took
the papers for consideration with view to deter
mining whether thu answer put in by Register Loew
sufficiently broad in its denial to make it un-
necessary to take further testimony In there is
an issue of fact the Governor will order reference
to take testimony in the The following is the
answer of Mr.. Loew, which was placed in the hands
OF the GOVERNOR
REGISTER LoEws ANSWER TO THE CHARGES.
To His Excelency LUCIUs ROBINSON, Governor OF the
State OF New York.
The undersigned. Frederick W. Loew. Register OF
m to Exccenssy 'bs
Artemus H. Holiness George De Forest Lord and
others. AYERS
of his Office Register the LIST day of January,
1878; that in the performance OF such duties 1t is
necessary for him to employ deputy register,
who has, in the absence Of this respondent,
general charge of all the business and
affairs Of the said office. and also to employ an as
sstant to such deputy, and an examiner, two index
clerks and from eighty-6ve to ninety other clerks
and employees; that the duties of the Office involve
left to subordinates; that 1t is simply impossible for
respondent personally to count otherwise ascer-
h a al cs q n snd % to
by. one Of his clerks. as has been
now about 14s0 Books of conveyances and about
1430 books OF mortgages and they increasing at
the rate OF about 20 volumes per year. That during
the past year 1857 papers were received And
further answering this respondent AYERS that he has
not knowingly nor has any one or more of his subor
dinates to his knowledge been wfully guilty of any
neglect of duty, misfeasance malversation in
office or OF extortion And specifically answering the
first charge made to Your Eycellency against the
spondent he denies each and every allegation therein
contained and the contrary thereof that he
compliance with the statute in such case made and
provided in which were entered the fees charged
received by him for official services ut the time Of
rendering the same the persons. II known, for whom
the same rendered, and brief statement of the
nature Of the services for which any lee charged
or received. with the exception, perhaps. of few
items that may have been. through inadvertence,
omitted on the days in August and October stated in
said charge That said books were open for inspec,
tion without or reward at all times when his said
Office open for the transaction of business, and
he avers, in respect to such book OF fees that he
has fully aud fairly complied with the statute making
the same obligation
EXCESSIVE FEES NOT CHARGED.
answering respondent
denies that at the time therein alleged any other
time he personally fxed established caused to
be fixed or established permitted to be ixcd
tablshed, certain scale OF prices or tariff under
according to which fees compensation should be
taken received for recording certain Instruments
legal documents in the books public records Of
his Office that any scale Of prices fixed
thorized by him is in substance in said charge
vet forth. And further answering said charge re-
!spopdent denies that in disregard con-
travention OF any statute OF this State, ut
the time alleged therein, or at any other
1,. ,1x- bal,t t,tul1v ooh
caused permitted to be taken received. fees
or compensation for recording legal instruments or
documents in the books Of his office according the
scale Of prices therein set FORTH And further
ing SAID second charge respondent that when he
entered upon his duties Register he had had
occasion to examine the laws in rpect to the fees by
him lawfully to be charged for the services be
dered by him, and had only . general and i'm
perfect knowledge of the laws governing such
charges, but the respondent had not then
heard or known of any complaints to
the rates of charges which had Heretofore for many
been enforced by his predecessors in Office and
believing that the fees so long established
rect and proper in amount, without undertaking any
personal examination Of the law for himself, he
directed his deputy to be careful to charge the reg
lar fees for services rendered and none other aud
obtain list tariff of the from John Y.
Savage the former Deputy Register who held the
Office for period of ten years or thereabouts, believ
ing that he must know better than any other person
what the legal fees were, and having no doubt or
to doubt that the scale OF charges heretofore
in force in said Office strictly within the that,
respondent is informed by his said deputy. he
made such application to Mr. Savage but that Mr.
Savage unable ut the time to furnish the tariff,
and that the said deputy obtained the same from
others who had been IN the Office from period of
fifteen to twenty years; that this tariff. pre-
pared, submitted to Mr.. Savage, who examined
the same and informed respondents deputy that the
charges were in all respects proper; that his said
deputy, relying upon such Information, did not sub
init the same to this respondent at any tinie and
beyond general knowledge OF the fact that the scale
OF charges had been thus obtained this re-
spondent had knowledge in regard to the
same, but always assumed and believed that
were warranted and authorized by law; that
complaints were made as to the fees charged in ac-
cordancc with said schedule. either TO respondent
to his said deputy to respondents knowledge at any
time. except that IN one Instance there
plant made to respondent about Search the charge
tor which did not altogether exceed 81; that when
such complaint came to respondents knowledge he at
once directed the same to DO reduced to the amount
desired, without special examination considera-
tion
Lows FIRST KNOWLEDGE OF COMPLAINTS
That the first knowledge or intimation that re-
spondent had from any source that there was any
complaint in respect to the general charges of his
Office was about the middle OF September is7s when
he statements in the public newspapers in refer
ence to overchargcs in his own Office in the other
county Offices That respondent Immediately AL.
dressed letter to his deputy, q copy OF which is
hereto annexed, marked A. and thereupon per-
sonaily examined the different statutes applicable
20 his oince and the fees to be charged for
services rendered therein, with view of ascertanng
precisely what the lawful charges for such services
concluded lie informed his deputy and the other
subordinates what fees hc believed they were author
lied by law to charge, and immediately directed them
to charge such fees other In all cases. with
out exception. That this Information and direction
was given To Respondents deputy and subordinatcs
more than week before the meeting of tho
Bar Association, set forth charges herein, took
place, and at which tho committee 10 investigate tho
charges ~tains. the county officers was appointed.
That this direction was given by respondent without
any knowledge or intifnation that such committee
had been or was to be appointed and this respondents
personal examination OF the law and his conclusions.
based upon which he gave the aforesaid instructions
to his deputy aud subordinates, was made volun-
tarily upon the first intimation In the newspapers
that somebody thought the fees charged too
large, and this revised rate of charges made
with sincere desire to comply strictly with the law
~ u existed, and 40 that just plant could be
made by any one and that respondent has since that
tiie neither made nor permitted any charge that
not clearly and absolutely within the law ~ hc be-
iieves. Respondent further that when his at
tcntion was called 10 the matter OF overchnrges by
the public newspapers, Aforesaid, and after ex-
amnng the laws applicable 20 his fees, he endeavored
~ ascertain the practice Of his predecessors In office
and no then ascertained. aud now AYERS the fact
to be- hat II has been the practice Of all his
ihs last thirty or forty years 10 estiu1at, rathor