The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-12-06
UNPAID ALDERMEN.
THE CONTROVERSY REGARDING MR.. HALLS
sALARY-coRPoRATIoN COUNSEL wHITNEY's

THE CONTROVERSY REGARDING MIR. HALLS
neutrality-suspicious. COUNSEL wHITNEY's
OPINION.
The muddle relative to the City Fathers salaries
still continues. owing to the question raised to
the legality of paying Aidermah George Hall his
salary for the month of November. Corporation
Counsel whitney advised the Mayor that the salary
attached to the Office alderman Halls should not
be paid until the question who is entitled to the
Dfice has been settled by the courts Pending this
ntigation the Comptroller still refuses to make out
payrollfor the twenty -one Aldermen. leaving Mr..
Halls name of. He yesterday sent second com
munication to Mayor Cooper. in which he says:-
'Yourietter Of the 4th inst. again returning the
payroll of the Board of Aldermen without your
counter signature, is received. in which you say =:
AS the amounts the payroll set opposite the
names Of tho Aldermen, other than George Hail. are
unquestionably due. see no reason why these
amounts should not be paid without waiting for
HE determination of any question relative to the
Ialary of Alderman Hall And You renew the re-
quest made in your letter Of the I'd inst. that
should dsduct his salary from the roll. The ques-
ton has already been determined by tho action of
the courts and am compelled to regard the inter-
probation OF tho law by the courts as final. and
therefore in Justice to the clanant or myself. be
due. Having performed my duty In the matter I
again return the payroll to YOU
Corporation Counsel Whitney sen. another opinion
to the Mayor Yesterday afternoon in which he cites
The OF Doan against the Mayor, decided in the
settled doctrine in this State that tho right to the
salary and emoiuments of public Office is attached
to the true and not to the colorado title and
In an action brought by person claiming to be .
public Officer for the fees compensation given by
law. his title to the Office is issue. aud il that is
detective and another has the real right although
not in possession, plaintiff recover. Actual
lncumbency merely gives no right to the salary or
compensation. The principle Is that the right fol-
lows the true title and the courts will not aid the
intruder by permitting him TO recover the COM
Pensation which rightfully belongs to another"
"FRAUpULENTLY ALTERED.
In further slluding to this the Corporation
Counsel says:-A Judicial investigation has salts
factory settled that of the returns upon which
the Board OF Canvassers acted was fraudulently
altered by the inspectors and the extent to which it
was altered was proved. BY examining the result Of
The canvass made by the Board of County Canyassers
1t can be easily sscertatned whether such alteration
changed the result of the Aldermanlc election. If
the substantial result OF the conviction OF the in
spectur is Judicial determination that Mr. George
Hall not elected to the office which he holds The
sions of law intended TO protect them where pay
ments are innocentlY made to de faNto officer in
OF where the title Is and continue
make payment to Mr.. Hall. or in view OF the facts
thus judicially determined with reference to the
returns, can hold the money for the benefit OF the
rightful title. shall seem most wise and just"
The Corporation Counsel concludes as follows:-
Wfh reference to the provision OF the law that the
Board Of Aldermen should be the Judge Of the cleo
ton returns and qualification OF its own members,
subject however, to the review Of any court OF
petent jurisdiction the decision OF the Board de-
ternines simply which of two claimants shall sit in
the Board and be the de facto officer. The
law gives 1t no binding effect elsewhere.
According to the principles announced by
tho Court in Dolan against the Mayor neither the
determination of the Board of Aldermen nor the
certificate OF the Board of County Canvassers would
prevail against the rightrul title"
The Mayor last evening concluded to send letter
to the Comptroller suggesting the drawing Of sep
warrants for each Of the twenty-five Aldermen
nrea0nt. COmntrnllar
ould agree to the proposition then the Mayor can
exercise hts tudgeut relative to the signing of the
warrant for Alderman Halls salary. and the remain
der OF the City Fathers would ct be paid their
compensation for November.