The morning news., 1889-04-23
DURHAM OUT OF OFFICE.
a LIVELY DISAGREEMENT WITH
THE ATTORNEY GENERAL.

Cause of the Resignation - Other
Reasons Also Alleged.
WASHINGTON, April 22.-Comptroller
| Durham severed his connection with the
treasury department. to-day. He rendered
his resignation on the change of the ad-
ministration, and it was accepted by Sec
retary Window to-day, to take effect at
once. There are several explanations for
this action. The one generally accepted
by those supposed to be acquainted
with the inside facts is that the
first comptroller has taken a
position on several official matters entirely
at variance with the views of the present
administration. The immediate cause of
the change is due to a personal miSunder-
standing between Attorney General Miller
and First Comptroller Durham in regard
to the accounts of John !. Davenport as
supervisor of elections in New York. The
latter recently presented vouchers aggre-
eating $4,000 for extraordinary expenses
incurred during the last presidential cleo
ton.
| AN OPEN RUPTURE
These were being examined by the first
comptroller and he signified his intention
to disallow them. He had several confer
ences with the Attorney General on the
subject, which resulted in open rupture be-
first comptroller on Friday last ignored
two requests from the Attorney General to
call at his office. Supervisor Davenport's
accounts were then taken out of his hands
and turned over to the Attorney General,
where they now are. Secretary Window
said this afternoon that he had
accepted Secretary Durham's resignation
in the ordinary course of business and not
because of any fault with the latter's official
conduct but because Of several newspaper
articles rejecting upon the administration
which are said to have been inspired by the
first comptroller. These attributed senti
mentS to the first comptroller which, IL
true, must have made it unpleasant for him
to continue in office under the existing cir
cumstances.
THE LAST STRAW.
1t is asserted by friends of the first comp
troller that the strained relations existing
between that officer and the Attorney Gen
eral were intensified one day last week when
the former conceived that the latter had Of
fered him a gratuitous insult. They say
that Judge Durham called On the Attorney
General for conference in regard to the
election accounts of Mr.. Davenport, aud
that the Attorney General did not treat him
properly, inSOmuch that when Mr.. Durham
attempted to define his position in regard
TO the accounts, the Attorney General cut
him short and began general citicism of
the acts of the Cleveland administration in
its treatment of election expenses.
REGISTRATION FOLLOWED.
Comptroller Durham took offense at
Attorney General Millers words and say
ing that he would not listen to any more
abuse of the Democratic party from that
source, closed the interview by taking an
abrupt departure Subsequently, so the
story runs, the Attorney General sent to
him for the papers in the case, and he re-
fused to allow them to go out Of his office
Later in the day, however, Secretary
Window said he would like to look over
the papers, and they we're sent to him.
Judge Durham did not know it at the time.
but the secretary had sent for the papers
for the purpose of turning them over to the
Attorney General, and they are now in the
latter's office.
HAD NOT ACTED UPON THE CASE. ''F
1t is said by the friends of Judge Durham
| that he had not acted on the Davenport
case at all. The vouchers were being ex-
amined in his Office, but had not been passed
upon. The first comptroller was, however,
Of the opinion that the expenses covered
by them were not authorized by law, and
had about made up his mind that they
should not be allowed. This was the state
of the case when the misunderstanding
arose between himself and the Attorney
General. The latter is said to have re-
garded the vouchers as correct in form and
law, and to have recommended their allow
ance.
MILLER's JURISDICTION DENIED.
The first comptroller took the ground
that the attorney general had no jurisdic-
tion in the matter, and that he had exceeded
his authority IN indorsing his approval on
the papers.
On the other hand, as already stated, it is
asserted that Judge Durham was not
relieved because Of his position in regard to
the Davenport accounts, but because Of
newspaper publications concerning official
matters under consideration said to have
been inspired by him, and because of a
statement attributed to him that he had
withdrawn the papers recommending ms
appointment as the democratic member Of
the civil service commission for the reason
that he did not wish to have anything fur
ther to do with this administration. 1t is
but fair to Judge Durham TO say that he
denies having had anything whatever to do
with any of the publications complained Of
Secretary Window declined to discuss the
matter this afternoon. He said that Judge
Durham has resigned in good faith and his
resignation has been accepted.
THE ATTORNEY GENERALS STATEMENT.
Attorney General Miller said this even
ing that he had not asked that Comptroller
Durham's resignation be requested, and
that be knew nothing Of the comp
troller severing his connection with the
department until he saw the evening
papers. He understood that the comp
troller's resignation had been ready for
some time and that Comptroller Durham
had expected 10 go out at any time. 1t
was true the Attorney General said, that
there had been some differences between
him and the comptroller in regard to Su-
pervsor Davenport's accounts. Judge Dur
ham was not disposed TO allow these ac-
counts and he (Mr. Miller thought they
were proper and should be approved. i
was not true, be said, that he had cut short
the comptroller while he was defining his
position in the Davenport matter and had
arraigned the democratic party for its con
duct toward the election supervisors.
PRECEDENTs IGNORED.
Attorney General Miller said that while
they were talking over the differences be-
tween them ia regard TO the Davenport ac-
counts Comptroller Durham had said
that the last administration had
not allowed Supervisor Davenport
anything. he replied that he knew
that. Tho last administration, he
had also said, had made a rule that super
ylsors Of elections should not receive pay
for more than Ave days service and he had
told the comptroller that be did not think
they were warranted IN making such rule
He thought supervisors should be al
lowed pay for every day they served
B f,, ~ TO 1itnif GYGd hU