New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-26
CAMPBELL TALKS FIGHT
Won't GiUe Up Unclaimed Trust
Funds CnIess Court ConpeEs.

Deputy City Chamberlain John F. Campbell says
that IL State Controller Glynn obtains possession
OF the unclaimed court and trust funds. which
under the state laws are supposed 10 escheat 10
the state after a period Of twenty years he vial
have 20 mandamus him and get specific order OF
Hhe court for the transferrence OF the money
Otherwise the money will remain in the custody
90 the City Chamberlain and the Supreme Court Of
the First Department.
In a statement issued in Albany on Sunday the
State Controller said that he had made formal
demand the City Chamberlain for the twenty
year money" II is called in the Chamberlain s
once. He said also. that II amounted 10 $4,000
THE aggregate amount" said Deputy Chamber
lain Campbell yesterday, is about $4,000 II re-
gures vigorous stretch Of the imagination 10 dis
cover that the state is entitled to SO0Oa IS set
forth in the dispatches. There is grave question
whether the law providing that unclaimed court
and trust fund deposits shall escheat 70 the state
after the t'venty-ycar period IS valid. The law is
not clear as 10 whether the active as we'll as in
active accounts in custody shall be turned
over. have assumed that active accounts cannot
be turned II this Office is correct in that as
sumption then the sum which should be turned
ever is. as I stated about $4,000.
when the last demand was made on this ONCE
FOR the transfer Of these funds. under the ad-
gentlemen who waited me that they would have
% take al or none and that did not Teel caile9
they would like take the inactive accounts
ms oce Would ike to be rid Of these funds but
We cannot pass Them unless II is perfectly
clear that the GransferrenCe is duly authorized II
there other obstacle. the fact that the state
has audited the reports of this office. covering
these very accounts. would tend 10 defer the actual
transfer OF the funds. As far back as 1897 the
fly reports that regularly make u the state
covering these court and trust funds Those gentle
men, or their SUCCESSORS. have been right here IN
this Office ever since, drawing IS a day, and they
arc no nearer caught up with their work than they
when they They up TO 1904 l
think. and the volume Of work that goes TO them
week by week is great they are able 10
70 be about two or three years behind.
'As matter OF fact, these court and trust funds
should not be sent 70 Albany. They were collected
here under the jurisdiction of local courts. and
hero they should remain. There is no telling when
@ claimant Will turn up ] remember some time
ago that some people got an order for an IN
claimed deposit in the custody of this office The
order was granted by judge, and was regular in
form. Two days after the money was turned over
the legal claimant presented himself this Office
and demanded the deposit. II with great diffi-
Guilty that got the money back
But, whether the money is to remain here or
not, we are willing to turn II over when the court
gives specific instructions TO that effect All that
Is necessary for Mr.. Gynn 70 nandsmus the
Chamberlain ana thrash the matter out in the
courts. The decision which gave the state the
custody OF the funds did not make il clear
whether the active accounts were 10 be Included,
and until that point is made clear this office will
hold the funds.
Assistant District Attorney John l. O'Brien said
yesterday that there was no doubt that the city
did the state in accordance with the decision
Of the Court Of Appeals Why il is not paid over
am az a loss 10 understand" he said.