The New York herald., 1879-03-18
Governor Robinson Decides the Cases
of the Two Officials.
GUMBLETON OFFICIALLY DECAPl7ATED
The Register Permitted to
Remain in Office.
DISTINCTIONS WITH DIFFERENCES.
A Precedent in One Case Good,
in Another Bad.

ALBANY, March II, 1879.
The following documents given out by the
Governor tonight being his decisions irthe of
Register Loew and County Clerk Gumblcton. 1t
will be seen that while the Register is permitted to
retain his Office Mr.. Gumbleton is rcmoved--
STATE New YORK. !
EXECUTIVE CHAMBER. March II, 1870
In the matter of the charges preferred against Fred
erick w. Loew, Register OF the city and county of
On the 9th day of December last charges were laid
before me accusing Frederick W. Loew. Register OF
the city and county New York. with neglect of duty
misfeasance and malversation in office and with ex
tortion The first charge was for neglect in not keeping
the books of account required by law to be kept in
his Office and to be open ut all times during business
hours for inspection. This charge was fully denied
by the Register and no proof to sustain it has been
aud third charges both relate to the habitual
practice of demanding and receiving by the
Register or by some one in his behalf, OF fees
and charges in excess of the amounts liked and
allowed by law A copy of the charges was served
upon the Register on the st day OF December 1875.
with an order to show before me the 10th
day of January 1879, why he should not be removed
from office. On that day he appeared by counsel
and presented answer denying the statements
made in the first charge. but not denying or ad-
mitting the specific facts stated in the second and
and excuse these facts Of much length. This
answer was held insufficient and time was then
given for further answer. On the Sd day OF Feb
ruary the Register appeared before with his coun-
sci and submitted further aud supplemental an
which, like the first did not deny the specific
charges alleged, but differed from it in claiming
construction Of the statutes which would. as his
counsel contended legally justify the Register in de-
TO be Illegal The following the provisions Of the
statutes relating to this subject
Second Revised Statutes Edmonds' edition, ESQ and
660:-
Sealing every writ disqualification or certificate when
Every ccrticaIes twelve n half cents to be
alowed for certifying paper to be copy for the
Recording Of real estate and all other
Receiving and fling paper deposited with him for
searching for every such request three cents
Second X. S. Diamonds edition, e69 and s7o,.--
SEcroS 5-No judge. justice, sheriff or other officer
sation shall be allowed By law for service shall take
but s~sS as or shall be allowed the laws Of this
Sq ny % o o BE-
vice unless such service was actually rendered by him
shall be deemed msdemcanor.
Reading the answer and the supplemental answer
In connection with the charges and the statutes
explanations made behalf of the Register, and the
facts substantially these MANY years ago per-
who had been elected to the office Of Register Of
the city aud county of New York invited some of
the members Of the bar in the city to meet with him
and consider the subject OF the charges to be made
In that Office.
A COOKED UP SCHEDULE.
Such meeting. it Is alleged i'll the supplemental
answer, was held and agreement was entered into
b. which certain rates of fees were established in
OF fees allowed by law 1t seems to have been
incnt to submit to certain amount of cxtortion and
TO fix the extent to which they would submit
course. course had ,st no part or lot in this council.
Setting aside the statute altogether. sched-
nle was made up OF these illegal fees, and
In accordance with that schedule all persons
transactng business at the Registers Office wero
charged anu required to pay That schedule was
handed down from every Register to his successor.
and remained in practice the law of the Office up to
the time that the Bar Association of the city of New
York took the matter in hand and determined
to make an effort to rc-csts blsh the law. It is
now claimed and urged with much zeal on be-
half of the present Register that he received and
followed this spurious schedule in good faith,
and without any doubt Of it's proprcty and legality.
snd with intention of doing any wrong. 1t is
diic ut TO find language which will fttingly charac
terize the origin OF this illegal schedule 1t was
literally conspiracy against the law Taking il rs
stated i'll the answer before me it was deliberate.
intentional overthrow and defiance of the laws OF the
State Ii sort of treaty between the then Reg
lister of the city and county Of New York and certain
lawyers whom he chose TO call together to explain
and define what the law was, but to a2roe upon and
established fee bill in open violation and defiance
that the present Re,stersed nothing to 40 with the
origin OF this schedule of charges. 1t does not
appear that he ever had any knowledge of it, and it
Is denied by him and his counsel that he was at
All aware when he entered upon the duties of his
Dfice that these rates OF charges were in excess
Of those allowed by law. 1t thus appears that
.he offence OF the Register consists entirely in
Ignorance of the statutory fees prescribed for his
oifce- And the question before me is whether. in
view of all the circumstances, and the conduct Of
that officer since discovering his mistake. he ought
10 suffer the penalty Of removal. Tho very able
counsel tor the Register In their arguments and
appeals in his behalf referred in appropriate
terms to his high personal character, and the
absence OF any criminal motive or intent on his
part and il is relief to be able to say that
vsde from the particular charges under considcra-
tion. l find nothing to condemn and much to APP
prove in the character and conduct or the Register.
The committee OF the Bar Association, by whom the
charges were preferred conceded that ho had be-
haved in very commendable manner by answering.
in frank and manly way all inquiries made of him
in regard to the business of his office. making
concealinents and no efforts at evasion.
OFFICE.
He also took another and moro Important step.
Becoming satisfied. upon examination. that the
schedule OF charges which had been obtained
snd used by his subordinates not legal,
he at directed it's discontinuance, and
caused a new schedule to be made in strict ac-
rordance With the statutes, giving the most posi-
tive directions that there should DO no departure
from IL and no return to the old scheduie which
had como down 70 HIM from his predecessors. He
has also voluntarily given to mo, both verbally and
In writing. explicit assurances that thcfc shall not be
henceforth any disobcdiencc whatever Of the
quiremcnts of law in tho administration OF his
office. The power of removal from Office conferred
upon the Gevernor by the constitution and laws
is never TO be exercised capriciously. Ii is in
tended simply to place IN the hands OF tho
Governor the means by which he can discharge the
duty imposed upon him of taking care that tho
laws bo faithfully executed Tho propriety OF ex-
ercisng the power in any case should be considered
upon higher plane than that OF personal partisan
interests. II the object for which ii In given DO
well attained without removal 1t is far bettcr.
Tho Register placed no distractions in the way OF
the committee who sought 10 examine into tho
affairs of hrs Office. He showed no intention OF
placing himself in hostility 10 the law. On The
contrary, he showed both by his word and HIS nc
tions desire TO maintain II. And although in
court OF law he might be held roaponsible for
his neglect to compare the schedule OF charges
WHICH came from his predecessors with the pro-
viHions OF the statute IL very evident from all
the facts In tho case that II q mastcr Of mere
neglect and not nm Intentional wrong. l have
reason to doubt in the light OF ali the facts. that
tho Register will continue 10 administer his office
strict accordance with the law. and that shall better
discharge the great duty imposed upon me by re-
taining him than could hope 10 do by removing
him and appointing new man in his place. No long,
therefore, no shall continue thus TO administer
his Office the proceedings against him upon these
charges will be suspended. L. ROBINSON.
euNDrEroE REMOVED.
0rArr on NEw York, EXECUTIVE CHAMBER,
ALBANY. March IL, 1919.
In tho matter of the charges preferred against Henry
A. Gumbleton, Clerk of the city aud eouaty Of