New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-02-24
NrIC-JFPSEY VEPSTS KELSEY.

" =
In the action brought by the State of New
Jersey to recover from Henry c. Kelsey certain
moneys collected and detained" judgment
of somewhat mixed character was yesterday
pronounced by the Supreme Comt at Trenton.
Mr.. Kelsey had paid himself at the rate
of - cents name for filing certain records
of vital statistics, and the three Justices be-
fore whom the case was tried held that he had
10 warrant of law for making this charge, and
that the sum total OF $G,715 detained for this
allege service Should be handed over to the
Treasury.
In regard to the more important item of
1853 detained for mailing printed slips Of
the sessions laws to the newspapers of the
State. a majority Of the Court, Judge Magic
dissenting, decided that the State could not
recover There never vas any question as to
the intent of the statute winch imposed this
duty upon the Secretary, for it was expressly
provided in the act that his pay should not
exceed 81 900 a year. In the face of this he
has kept more than $4,000, charging at
the rates established in an old fee
bill for furnishing manuscript copies OF
papers in his Office to private persons.
TO the uninstructcd minds of laymen and to
Stockton it appeared that the act Of '7G ere
ating the duty of sending out copies of the
laws to newspapers either applied to Mr..
Kelsey or it did not If not, he had no au-
thority to furnish the laws or to make any
charge therefor. If it did, he had no authori-
ty to perform the duty at any greater expense
to the State than the amount fixed IN the law.
Ii is plain, too that the compensation allowed
in the fee bill contemplated service which
differed altogether from that rendered ny Mr..
Kelsey, and it has been the practice of his
predecess oTs, with one exception, to charge
the fee-ra;e for copies furnished TO the Tren-
ton papers, and after that TO charge small
amount like $l20OT$ 30 for mailing the slips
TO the State weelllies. Bat even if there had
been any law or usage for Il Is eXtOrtiOn, the
LEGISLATION and custom were expressly abolished
bv the act of March, 1875, which declared
" that all acts and parts of acts in anywisc
authorizing or directing the laws Of each
"sc,>ion Of the Legislature TO be printed in
"the newspapers of this State be and the
Z" same are hereby repealed"
Fortunately under our system Judges give
reasons for their decisions. But the Judgment
of their Uanors in this case would be worth
more if they had not decorated an intermit-
tent abuse with the title Of " Il custom" An
opinion on the moral quality of Mr.. Kclsey's
performances, which, to pat ii mildly, have
not accorded with the intention Of the
lawmakers, would have given the decision a
flavor of righteousness which il seems to lack.
1t is misfortune, too, that the Chief Justice
RETAINED from stating whether he approved of
Mr.. Kesey's method Of OBTAINING fees" to
use the ACCOMPLISHMENTS phrase. His pre-
decessors were invariably paid by warrants
for specified amount drawn upon the Treas
urer, as the Constitution and laws provide.
Mr.. Kelsey invented the system OF keeping as
much as he thought belonged to him and
handing over to the Treasury ANY amount
which bad escapcd absOrptiOn.