New-York tribune., 1879-03-18

DlelOn II as lO1lOWs.
STATE NEw-YoRK, EXECUTIVE CHAMBER,
ALBANY, March Is. 1879.
In the matter Of the charges preferred against Henry
A. Gumbeton, clerk OF the City and County OF New
On the osth day Of January last chqrees we're laid be-
and county Of YewYofk with neglect of duty, malfeas
ance and malversation office, with extortion.
The charges were thirteen IN number ana were duly
verified on oath by Aremas H. Holm.s, Henry c, Knoy
Adrauce Bush The first five charges aud the thir-
eenth relate TO the negeet OF the clerk 10 keep s1Sn
State To keep, showing the amount OF all fees,
DONE NV Himself or his assistants IN his
their official capacity, by virtue OF any law OF tbs
mq 81 M IL nsd nT om sv perse
for any rendered by him IN his official capacity
pursuant TO Law and also to me megest ana az
all times during business hours, by all persons desiring
Tue sixth, seventh and eighth charges relate his
neglect 10 transmit 10 the Controller OF the CITY OF New
York such transcript OF the accounts OF the fees per-
quisites emouments collected and received by him.
The ninth TENTH eleventh and twelfth charges relate
the demanding and receiving OF fees IN excess of
those allowed by law.
copy OF The charges was served upon the Clerk on
the 29tn day OF January, 1879, with order To show
cause before the 1Oh February Why he should
not be removed from office, winch day he appeared
In person by counsel AMI presented his answer 70
the charges The questions Involved In the charges ana
fully and elaboratey discussed Oh tna ana
the succeeding day. The following are the statutes Gt
legged the cnsrges TO have been violated by the Cerk
(secIlons o aud 80, chap. 432 laws Of ls47)
50. It shall be the duty or said surrogate clerks ana
REGISTER respec!vsy to keep an exacr account IN ma
expense of the people OF the city OF NGw-1orG Of al
fees psrquisites aud emOluments actually received ny
such officers respectively for any service done Dy them
their assistants III ais or their official capacity by
ouisies and emOuments when such surrogate,
clerk and register shall be entitled to demand
vice renjered by either them their Official
capacity pursuant TO law such books sna snow when
and for every such service shall have been per-
formed It's nature fees chargeable therefor;
and shall, all times during oice hours, be open TO
kpaA. uitls or
| all persons desiring to examine the same and they
shall be deemed part OF the records Of Ine Sice ~
| other books OF records are:
10. A transcript OF such accounts to be made in
such shall he prescribed by the Controller Of
City and County Of NewYork shall be transmitted
by such officers for each calendar month aud within ten
days from the expiration thereof 10 the Controller Of
ssid city and county, which shall be verified By the
Oaths such officers respectively, by their assist
ants, respectively, which Transcript shall contain
statement OF ali moneys received by such officers for
fees, perqusites and emolumens for services done by
them their assistants respectively in their official
capacity by virtue of any law OF this State makna
the total amount received IRON each person aud the
OF each person; ana also statement OF the fees
perquisites and emOuments which such officers then
assistants shall be entitled to demand from any person
for services rendered III MS their official capacity, by
virtue OF any law OF tins state since making the last
preceding return, which shall have been made ny such
officers specifying tse Amounts charStaDe To- sue per
son, the name oi such peIson ana the charac'er OF
the service rendered Aud the Verihcati0n OF every
account transmitted TO such Controller shall be
positive, and not upon Information OF belief
ID r. s. (EImOnds edition. $50 aud $50.
required, twelve aud half cents
Every certificate twelve and half cents, but not 70
be allowed for certifying any paper to b. copy, fol
the copying OF winch he snail be paid.
Recording conveyances of real estate and oil othoi
Instruments which by law may be recorded, ten cents
for each folio.
ID r. $ diamonds edition. G69 and GO
s.. No iudgr justice sheriff or other officer whatso
other persons to whom any fees or cOmpensa
ton shall be allowed by law for any service shall take
receive any other greater fee reward for such
service Dut such as Is or shall be allowed by the laws OF
Fo r., Fo. m commentator altowed nv lovv sim ~ be
demanded or received by any officer person for
unless such service was actually rendered by
g. violation OF either OF the two last sections shall
be deemed nlsdemean0r
1t is very that the object Of these statutes
prevent any abuse the powers conferred upon the
Jerk to prevent any cxactions by him OF fees not
authorized by law; provide stringent measures TO
the payment into the city treasury OF all the
income OF the office; TO enable the public 10 know
ecIlcay wnat the ucOme Of the Office aud the cOiD
ensation OF the clerk and to require the utmost
publicty as the reaching these ends Tue
requirement he should cify the amounts he
entitled receive and the OF the persons paving
for gwen service was evidently dcs gned 10 guard
against any colusion between the clerk and outside
parties to eyade the law The inquiry now is, has the
clerk fully ana fairly 0beyGd these statutes or has he
either violated or evaded thcmf
THE CHARGES EXAMINED.
1st Has he kept the books Of account required by
section nine chapter 432 the laws Of 1s47 showing
an exact account OF all fees, perqusites and
mentS actually received Dy service
him or his assistants IN mis- their official capacity
and which lie shall be entitled receive any pcr
any service rendered by him his assistants in
his their official capacity pursuant g. law showing
when ana for whom such services shall have been ner
formed. nature ana the fees chargeable heref0rcf
The hooks kept by the clerk ana purportne 10 contain
the required by the statute above cred were
not shown to the persons making the charges, before
those presented Upon the hearing OF tho
charges specimens Of the books kept by the clerk
were produced stated in his answer but they fail
far short OF the ,qurements OF the law Instead
OF giving the nature OF the service IN any action,
reference whatever TO the nature or the service.
They give account whatever Of the fees and
emOlumeDts received by the clerk and which no
retains for his own compensation They do not give the
amount received and the amount chargeable. For nu-
merous services and payments OF the same they SHOW
no account whatever IheY DO not snow any receipts
searches The of 1853 provided that the clerk
should receive all for searches for his
salon addition the salary TO which he was entitled
by law but there nothing in that statute, In any
other which | have been able 10 md. relieving
hm from the duty Of keeping the account
on the argument that by far the largest amount OF
the emOuments OF his Office came from the searches
HIS counsel stated II TO be AT least nneteentwenteths
OF all the receipts yet account whatever Is made OF
them In his books OF account Consequently, nOtwlth-
standing the great care winch the law has taken 10 al
low the uuDlic TO know what are the emoluments
The statue upon this subject quoted above clear and
plain 10 IL. has been and Is habituay dsregsrded
tain from these pretended accounts what amount is
received bp clerk which belOnls and should be paid
TO the pubic treasury nor TO ascertain even approxi
mstely the amount OF compensaticn which the CLERK
for hs services. The law Is thus disObcyed and
Its whole object defeated.
WITHHOLDING THE BOOKS.
2d. Have the books, such th'y were been 4" az all
times during office hours kept open for the inspection
any fee charge therefor of all persons desni
to examine the same - The answer to this question