New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1884-05-06
MR.. DUNCAN'S SALARY LIST.
A CAUsrIC REVIEW BY JUDGE WALLACE.
TIE DIVIDING OF THE ENTIRE FEES AMONG THE
COM,iIssIONERS SONS CONDEMNED AND
STOPPED,

coM,nssIoNERs SONS Condemned AND
STOPPED.
The accounts Of Shipping Commissioner
Charles C. Duncan which have been several times before
the United States Circuit Court objections by the Dis
tc Attorney to the salaries paid by the Commissioner to
his -ous, the isubect of n causc review by Judge
Wallace in an opinion filed yesterday. Mr.. Duncan has
had as assistants his sons 7. c. g. f., and G. d. Dun
can has paid them salaries which have been so reg
ultcd 10 all the OF the Office after pay
nent Of the other expenses These salaries were sup
posed to he $1,000 EACH large part 81 that sum
could be paid Of the receipts In 1877 each OF tho
young received $500, and in 1892 each received
3GlS and the total receipts OF the Office were expended
Judge Wallace I'm his opinion reviews tho proceedings
had in previous years Judge Bachford in 1878. while
approving tho accounts, said that there nothing to
show that the salaries then paid wcro excessive rs the
District Attorney had not introduced proof on that sub
ect Judge Wallace says that this is tho first time that
the accounts have been challenged by opposing proofs
When District Attorney Root objected to the Commits
sioners accounts for 1882. the matter referred to
Commissioner Joseph Gutman, ir., master. His re-
port filed few weeks AGO. was in favor or Commissioner
Duncan. The testimony taken before tho master
covered the conduct Of the Office during its existence
Judge wallace d-approyes the report Of the master and
says, in part:
The duties Of the Shipping Commissioner are not IN
rcfe arluous but they useful and vlrious and
require good Judgment and executive capacity. The
salary.
lees ana eoiushls 81 the commissioner sHdi ID no case
exceed 5000 per aEnu. The duties and responsibilities
OF the shipping Commissioner oc0uI7c, far more Ia
poT mt than IN se OF any OF his suoonnats Their duties
either clerical suCh those OF bOOh-Eecpcrs or ac-
much as his own salary aud emolumonts fixed by
the law ar $1,000 AMI this standard Of compensation
las risks well his services tie action Of tie Com
mis sioucr I'm appointing five deputies to discharge
enough to ascertain it, probable income from fetstlee
salary $1,000 each and tv salary OF $1,000
hat no lfIf a|
ceiycd the spirit Of the law under which he was to al
minister the Office But when it appears that In the en-
$500 each, that four OF them his sons, and
that one OF these was only nineteen years Old with
int be had c"pcrilcd sc!eEc for adi,iu-tcrng h,
Office which not only illceitimatc radical de-
parlre from that contemplated 3y law but which was
utterly Tepugnat to all notions OF economy and deccncy,
II it was not tainted with corrupt motive In 1870
these I've deputies saaried by him at 1000 each
In 1874 after paying his own salary and those Of the
manned Of receipts o. fees amounting $4,000 the
sum Of $l2G to be paid into the Treasury OF the ned
states. In $50 the fees $1,000, and SlJ3 less
than the expenses From 1875 to the present time the
952 the year pcclaly under consideration, the three
deputies al OF them sons OF the Commissoner have been
id T5ul9 each VINE the ray ron SHOWS tliit 0l3 lW9
SG55. and the receipts OF the Office F22,j3l
which are just balanced by tie expenses .
These figures standing acne are sufficient commentary
upon the extravaganza and improperly ~ the arrange
nent respecting deputies an ther salaries Whch WIS
made by the shipping Commissions md which accord
years until 1851 there were experienced ana competent
only fully qualified 10 perform the scryiecs Oi
The deputies, but who actually DID perform substantially
week And the proofs also show that such compensation
{, what is generally allowed for similar services in The
private shipping offices Of Sew-Iorl City. Ia View OF
fhs testimony there ue INT one OF Two conclusions:
either tue e Commissioner has been 80 blinded 10y parental
interests That he coul u0t exercise any intr judy
ration Of his once or he hrs cor1ptly cxcr,ed his
% :
spells for family distribution. The idea that Judge
would have sanctioned such state Of affair, rs is now
howL 10 have existed is not TO bc narborcd for NO
ment They were mi-rd undoubtedly by plausible
presentation Of TIE facts on the part Of the shipping
Commissioned ana N.rc called upon 90 decide upon"
eyptrc hearing, or uyon proofs which did not exhibit
auyso ouuteryailug evidence.
Tie following general considerations are reached. and
under the power Of this colrt 20 regulate the mode Of
conducting The business Of the shipping Once. VIII for
ue present he adopted rs rules Tor tine reSaon oil te
chief clerk depuzd in OF necessity to act Tor TIE
allowed ,lary not 10 exceed g. 90 per 3nnul' may
be- Justified by tAc demands az the oice aud Is author-
coed FL POO cach or two u salaries to exceed 81 500
each. ga discretion o. Oh" commissioner may also he
ui 0ucr or his subordinate, for services rendered dur
Hc Office hours o owner. or masters OF vessels. or TO
c1rcn 10 bc accounted for and returned with the TO
celt, OF The Office.
Jndge Wallace then reviews the powers Of the District
Attorney and of the IN relation to the accounts and
dutic, the shipping Commissioner lie holds that the
pp6c- OF the court are supervisory 3ud not plenay but
that the court has the right 60 remove the Commissioner
If he does not properly perform the duties Of his Office
HIS opinion 10 their fulment I'm this case he says,
indicated by the observations that ne has made bit
nc wishes TO give fu opportunity 20 the Commissioners
TO Ice heard, hc grants order directing Mr.. Duncan 10
show cause why he shOud not be removed from Office
The order i- rctuuahlc on Hay 10.
The opinion OF Judge Wallace caused q furry IA the
shipping Commissioners office. Immediate steps EeIo
takru conform the organization Of the office To the
rules laid down by the Judge Mr. TAFT O.Ecncdict TAFT
a Benedict, Commissioner Duucaus counsel. made ap-
ulication tor % construction ~ the opinion, asking
gncther the clerks allowed nj II POO or 500 must u
ciude also the who employed I'm outside work,
TENDING to the shipping OF sc1ueu upon vessels.