New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-04-04
MIR. GUMBLETON'S REMOVAL.
ATALK WITH HENRY L. CLINTON.

TALK WITH HENRY L. CLINTON.
HIS REVIEW or THE GROUNDS on WHICH THE
GOVERNORS ACUoS WAS TAKEN-THE CHARGES
NOT BORNE our BY THE FACrs-MR. GUMBLE-
ToS, IN MS OPINION, ONE or THE MOST FAITH
FUL AND HONEST OF COUNTY CLERKS.
A reporter of THE TRIBUNE on Tuesday
called upon Henry l.. Clinton ascertain his views
regarding the removal Of Mr. Gumheton from the Office
OF County Clerk
"Have you examined the papers before the Cover
orp
"Ihave have carefully read the charges and specI
ncatious % the Committee OF the Bar Association the
answer OF Mr.. Gumbleton and the opinion delivered by
the Governor, and in opinion there clearly moth
ing in those papers which jusfes the Governor IN re-
moving Mr. GUmbleton."
upon what grounds did the Governor act in the
matterp
THE rrincipal ground on which Mr. Cuubetou was
removed was the charge of demanding aud receiving
fees in excess those allowed by law. The complain
ants in their charges and specifications aver that
certain cases the Clcr charged for words than ho
notices o. the peEJcnty OF actions contained. H. when
these notices left at the County CLERKS Office mis-
takes occurred estimating the number OF words, such
mistakes were made through tho inadycricnce Of Mr..
Gumblet0n's ,ulorGinates But when five learned law
yc.s-Ar,emus H. Holmes, Henry /. Knox George Do
Forest Lord Charlie, l.. Mclean. j. AdIiauco Bush
examine papers, count the words themselves. Their
bned skin beng directed % this one natter and their
in the double capacity of lawyers and rcIorncrs
f. focused this SUBJECT would suppose that ~
~ simple matter they would be nGdcrat accurate.
Yet il appears By the answer o. Mr.. Gunbleton
that these notice. contained about 300 words
than they were represented 10 contain By these
plauants Their undergraduates far exceed the over
estimates OF Mr. Gumb.etuB's subOrduItcs. THe over
charges instead of as-Ieg ting, represented, SIG,
amount 10 less than -. THIS not, nor any
part OF appropriated by Mr Gumbet'n to his own
use 1t paid INTO che Cry Treasury. There j.
no prctcncc that Mr. GumDleou put shilling 81 the
oyercharccs In his pocket The principal charge Of
whcn Mr.. GumDictou convicted by the Governor,
aud upon which D.. removed once,was that hc
put about - INTO the CITY Treasury more tnan the city
had gnt 10 receive"
''Wcrc there not other charges upon which the Gov
ern.r protested TO act in removing MI GumblctouW
THO other charges winch the Governor alleges Mr..
Gumbg ton was guilty OF were u minor and subordi-
maize character. The Governor claims that Mr.. Gumble
ton neglected. TO 10 the Controller OF the City
Of NevYork transcript Of the accounts Of fees. per-
qusitas aud emDuments collected and received the
| law requires
Tue law provides in express terms that nscripts
OF such accounts shall De made in such form
shall he prescribed by the Controller Of the
CIV ana County of New York. Ait tho passage 81
this law Ic47 until 1865, thcreabOuts, transcripts
| OF he itenizcd accouuts were transmitted by 'lo
/ County Clerk 10 the Controllers ONCE These,
/ seems were yO!uDmous, 0uky ana cumbersome The
Inen { N roller as lar ~ can be ascerained. claiming
the right under the prescribe the form Of the
transe pts If aocOunts directed that summarized. III
of temze accounts should b, 1lcG in his Office.
Subsequently te accounts rendered III that iOru
Upon hi- accession the Office % County Clerk Dir.
GumbletOn III TINS manner CONFIRMED 10 enc practice OF
his predecessors and made Ou the accounts III no FORM
he understood TO nave been prescribed DIV me rance
Deartment Tor me pasi ten years IN ms answer ne
had objection to making itomized accounts
| for the future ana Tor the y 81.
The Governor in his decision claims that Mr. Gumbc-
ton did Reep the books required by statute contain
ing statement Of the fees. etc. received By hn AID
his assistants. T1c cOmpaiUants I'm their charges and
Mr. Gumbeton had not-whlle he 10 Lis answer. swore
positively that he had-kept books. Here issue
OF fact juined. II Mr. Gumnlcton had not kept
such books tnat matter 10 be proved, not assumed
ny the Govera9ri ne say" tIe specimen' OF the
Of the st,tute. Mr. GumbctOu, the contrary.
ayers and understand is ready TO show that they In
cacn and every particular. were kept tho law re-
quIres. Tue Governor these books do not show
any receips for searches There was no charge
SIR GumJeon did not keep correct accounts OF LA fees
for searches There Therefore. occasion TO show
"Haye you nov stated ali the grounds upon which
the Governor removed the County ClerkP
NO RIGHT TO INSPECT THE OFFICE.
"The only remaining ground given by Governor Rob
for removing Mr. Glmbc;on Is taat nc did not al
ford the coinplaRants requisite facilities
lining the records Of his oico. His conduct in tins par
cuar stated IN his answer shows that bo guilty
OF infraetIon OF law. Tho complainants demanded
csscd To aCtl permitted. Thcy demanded not only 70
inspect the books but examine the clerks and rubOr
nl the authority and all the rights which would
belong to committee OF the Assembly U the Senate,
duly appointed aud empowered to srud for persons
papers Section 9, Chapter 432. Laws of lS4T, says
the books shall all times during The Office hours
he 10 the inspection without fee charge there
for OF all ptyOns desiring To examine the same No
right hero given TO examine clerks and suDOTdnGtrs
| as he general conduct and management OF affairs
connected with the County q rs Office IL found
that the liberty given by the law ~ lSf7 10 any and
everybody. whether from Idle curiosity any other
motive. examine books, resulted IN dcfuCing them
and Obstruction 10 public business. IOoreurc the
law under winch iIeso compliments acted was re-
yoaled. Mir GumbietOn removed from Office
because, is CLAIMED, lie aid not conform
10 law winch repealed, and because ne
did obey a law which l. ~ force The Governor III
his opinion says: Every citiz Of the county has
The right uLdcr Tie law TO examine those Dooks The
Law upon which thc Governor bases ths opinion Was
repealed eighteen the lHw OF ls47 conferred
upon al persoHs the right 20 examine the records due
ucc hours much ~ they pleased, but he law al
1861 took away that right ana conferred upon the
cork sub0riinatcs the exclusive night In their
discretion to the records. Although II would
that The Law q, clear set Mr. GumDctOn as law
nbt ng citizen submitted the question as to the legality
hI. acton conforming to the statute ot 1851 In
stead that tue courts Tie legal question had
been argued before the General Term Oi the Supreme
Court. The probability was that whatever way that
decided would be taken IL the Court of
Appeals. The Governor asked Dy hr. GumbietOn's
counsel tho dec Oi tue court Of last IooOrt
lie pcrenp t0rily declined"