The New York herald., 1879-01-05
COUNTY CLERK GUMBLETON.

PERFEcTING THE MANDAMUs ORDER OF JUDGE
DAvIs-AppLIcATIoN TO JUDGE DoNoHUE FOR
STAY PENDING APPEAL
The legal game of battledoor and shuttecock in the
matter of examination OF the books and records
i'll the Office of. County Clerk Gumbleton is not yet,
it seems. terminated A phase in the litigation
presented itself yesterday, evincng ardent deter
mination on the part of Mr. Gumbeton and his legal
advisers to fight it the line they have chosen
if it takes all winter.
SETTLING JUDGE DAVIS ORDER
First in the order of proceedings yesterday the
assembling in Judge Davis private room of the Com
lnittee of the Bar Association and Mr.. Gubleton s
counsel for the purpose of settling the order of man
damus directing Mr.. Gumbleton to allow the commit
tee to examine his books. This took some time.
After the usual phraseology recng facts of the
case and the hearing in Court the Following was the
order as finally settled
..Ordered that peremptory writ of mandamus issue
out of and under the seal of this Court directed TO
the above named respondent the Clerk OF the County
OF New York, enjoining aud commanding him FORTH
with, upon service thereof to produce and exhibit to
the above named REALTORS any or either OF them.
and allow them. any either Of them. to inspect
and examine ut all times during Office hours OF each
and every day when they may demand such inspec-
ton, ali books kept by the respondent, pursuant to
the Laws lS47. chapter 432, i'll such made and
provided. containing account of all or any fees
perquistes and cmoluments actually received by him
for any services done by him by his assistants in
his their Official capacity. containing all account
OF all or fees, perqusites and emoluments which
said Clerk has been entitled to demand or receive
from any person for any services rendered by him in
his official capacity pursuant TO law. And 1t is fur
ter ordered that the respondent pay to the realtors
$40. the cost of this motion. Enter, n. Davis.
This order filed in the County Clerks Office
the first received against that official.
APPLICATION FOR STAY.
copy Of the above forthwith served on Mr.
Gumbieton, and the Bar Committee expected free
to his records. In this, however, they were
disappontcd, an order being produced by Judge
ing the Bar Committee to show cause why order
should not be granted staying all proceedings under
the writ of mandamus pending an appeal from the
mandamus. At the appointed hour the parties inter-
etsed came before Judge Donohue. No very long
guments were INDUCED in.
Mr.. Beach urged that material injury could re-
suit from granting the stay and that its refusal
would cause great personal Inconvenience to the
County Clerk
MIR. Lord replied by urging that the personal in
convenience of public officer matter to he
taken into consideration unless the inconvenience
very great The committee, he said, did not de-
ness of the Office, but would endeavor to
accommodate him. He of the opinion
that the County Clerk did not wish to
have his books examined. If stay, however.
the appeal be perfected once, that it could be
heard ut the present General Term. Tho committe,
acting for the benefit of the public to prevent
loss OF time and Inconvenience
Mr.. Beach insisted that the committee had right
to the mandamus upon the papers presented. and he
reiterated the statement that the offer to allow in
spccton of his books, made by Mr.. Gumbeton on
December IL, made III good faith, but that now
under advice of counsel he would allow their
inspection proposed, unless ordered by the
Court.
After some further argument Judge Donohue took
the papers, reserving his decision.