New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-03-18
move him, and suspends the proceedings so long as
be administers the Office satisfactorily.
STAIB OF NbM- iohh, ,o-a
EXECUTIVE CHAMBER. March IL, 1879.

| ExEcUrTyE CHAMBER. March II, 1879.
In the matter OF charges preferred aganst yopr
On the 27tn day Of DeceRoer ast enargss ., the
City and County New-York. with neglect OF dnIy'
misfeasAnce and malversaton III ofice, and WIN eA'of
| ton. A..
The first charge was for neglect in not keeping the
books Of account red by law to he kept IN MS oc'
to be open al al during business hours for IN
spection This charge was fully dened by the Register
and no proof to sustain 1t has been offered. IL Is 'he
Tore dismissed. -, -.
The second and third charges both relate to the hlo
itua practice OF demanding and receiving ny tue keg
excess Of the amounts fixed aud allowed ~ law;
copy of the charges was served upon the ksg'sIa
on the 3lst day OF December ISIS, WIN an oiu1 40
show before tue 10 day OF January, terv
why he should not he removed from 9niee On rs dny
he appeared by counsel ana presented an answer
ing the statements made IN the first chargr, but nos
DENYING admitting the specific facts staten ~ ' az
sec1ni anu thiId cldFg's. H. no"Cnei' nnh ienrth
explain AMI excuse these facts nj muen ltha. ~.
then given for a fnrThGr answer. on the 81 day OF
Febru ~ the Register APPEARED before me WIN n DE
counsel. and submitted further ana supplement-,
answer. Whch Ike the fret, did not deny tne speclo
charges alleged, out differed from II IN aiming e
contepded legally justify the R-ri.ter in demanding
ana receiving the fees which we're acseh 80 DC iiatiI
The following are tAc provisions Oi the sta 'u.os
2IRs ~ imonds's Edition. $50 and GGO):
sealing every writ, eXemp.ldcaton or eertIhcl'''
when reaureI. twelve and half cents.
Every certificate, twelve and a-haf cents; but not 10
b. allowed for cery Ing paper 10 b copy Ioi the
copying Of which he shall BE- paid
Recording cOnveyanccs Of real estate. and all otnr
in,trumea which by law may be recOued Ten GEMS
| Tor each folio.
Receiving and fling every paper deposited with him
for safe Keeping, three cents. -.
searching for every such paper, on request, three
cents for each paper examined.
2d K. :. tElmOnd,' edition. 669 AMI GO: ,.
D. NJ judge justice sneIiH or Otnei o'ncsI ~,
soeV-r' or O.her persons, 10 Whoi any Ielo - III"
sat0n shall be allowed b. law for anv service shau
take receive other greater Zee or reward or
such service but such as s or snail be- allowed " Tue
laws Of this state. ,,.-.,,,o
demanded or received by any olhcrr OF ler,1u' ~, h
service, unless SUCH service was actually rendered ~
81 violation Of either Of the two last sections shall
be deemed a misdemeanOr.
HOW THE ABUSES BEGAN.
Reading the answer and the supplemental answer IN
connection the charges, and the statutes above
quoted and giving the fullest effect to all the expana-
tons made behalf Of the Register find the facts
substantially these Many years ago person VINO hu
elected the Office OF Register OF the City ana
County OF NewNOrk invited some OF the mthoers Ol
the bar III the city to meet with MN ana coIsiuen n
subject OF the charges q be made III that Office such
meeting 1t is alleged IN the SUPP itlncnt"I on,
swer was held, and agreement was entered
INTO by which certain rates OF tees were e-tap
isued IN excess of fees allowed by law 1t seems 70
have been the part Of the lawyers engaged ID II an
agreement to submit to certain amount o e&tortoh
10 Tx the extent to which they would submit Will
0uI coiPians InT puPc a. i SIDE the sfatnte AZ
together schedule made up OF these illegal fees,
and accordance with that schedule al persons trans
acting nspcss nj the Register Office charged and
! required to paw. Iha; schedule was handed down
| from every Register to his successor ana re-
the tIme that Bar Association OF the City OF New
York took the matter hand aud determined TO make
effort to Establish The law. 1t is now claimed ana
urged with mucn zeal on beaaf OF the PRESENT Register.
that be received and followed ms spurious schedule N
good faith. and without any doubt OF its proprey ana
legality, and with Intention Of doing any wrong
IL Is difficult 10 mud language when VIII hitngy
literally a conspiracy against the law. Taking 1t as
the answer before me IL was deliberate, H.
territorial overJnrOw and defiance OF thu laws OF the
state Ii was sort or treaty between The then Register
of the CITY and County New-iOrk and certain lawyers
whom he chose to c' together not 70 ana GENIE
the law but TO agree upon aud establish lee
| bill in open violation and defiance or the law.
| II Is conceded, AMI Is undeniaby true that the
present Register had nothing to do with tie origin Of
ever mad any knowledge OF it, and It il denied by him
and his counsel that ne was at all aware when lie en-
tered upOu the duties his Office That these rates OF
charge IN excess OF those allowed bY law IL thus
appears that The offence Of the Register consists entirely
In Ignorance Of the statutory fees prescribed for his
Office. And the question before me l. whether IN view
OF al the circumstances ana the conduct OF mat ocsr
since his mistake, he ought 10 suHer tne
penalty Of removal.
The REGISTERS CONDUCT CoMMESDABLE
The very able counsel for Register in their argu-
ments aud appeals behalf referred in appropriate
terms his high personal character and the absence
Of any criminal motive intent on his part and it is
relef 10 lie able 10 say that particular
charges under consideration, ind nothing 70 condemn
the Register. The committee Of the Bar Association by
whom charges preferred, conceded tdl ht hhd
behaved in very commehdaD.t uilnhef ny an wrrhs'
III frank ana manly way al inquiries MADE Oh hln 10
| nents and no eff ,rts at evasion.
He also took another and more Important step. Be
of charges which mad been obtained and used by his
snbOrdnates not legal he at once directed It's dis
strict accordance with the statutes, giving the most
positive directions that there should be no departure
from 1t return to the Old schedule winch bad
come down to him from mis- predecessors. he has also
voluntarily given me, both verbally and IN writing,
any discbedence whatever OF the requirements o law
! m the admins tratlOn OF his Office.
Tie power OF removal from office conferred upon the
yrrised GENEROUSLY Ii is ntended simply to place
| .nffl no he cal
discharge the duty imposed upon hlIr OF taking care
that the laws be faithfully executed The proprety OF
exercising the power IN any should be
sidered upon a higher plane than that OF per-
Sbch il is given can be as well attained without
| a removal 1t is far better. The Register placed
M o.lrucons in the way Of the sought
TO exaIniue into the affairs Office. lie showed
intention OF placing himself IN hostility TO the law On
the contrary he showed by his and his
a desire to maintain it, And although in court OF law
he might held pOnsDe for his neglect To compare
the schedule OF charges winch came from his Dredeces-
sorr with the OF tue statute II very evident
from ali the facts in the that It was matter of
neglect and not an intentional wrong nave d"
doubt III the light OF all the facts that The
REGISTER Will continue to administer his Office III stnc.
accordance with the law aud that l shall better dis
charge great duty imposed upon ne by retaining
HIM than could nope TO 40 by removing MN ana ap-
he shall thus 10 adm lister his office the pro-
ceedings against HIM upon these charges VIII be sus-
pended. L. hoSNsoN'
TALK WITH MR. GUMBLETON.
HE DECLARES THAT HE Is SURPRISED AT THE
GOVERNORS ACTIoN-HIs REMOVAL A POLGTI-
CAL SCHEME IN Mr.. TILDENs INTEREST.
Mr. Gumbeton was found late last night
| AT his home. He said he had gone to
| bed In ignorance OF the Governors decision
While speaking OF subject he appeared to be much
| affected by the news OF his removal His eyes had
filed with tears he assured that the Governor
had decided against him, and his voice rembed little
| as he expressed his surprise.
81 Confess" he said, " that mnch surprised at
my removal. l wholly unprepared to such
news Ny answer to the charges against had
been prepared with great care. and believed