New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-02-01
'CULKIN SMILES AS
PAY IS Held UP
Prendergast Takes Action
to Support Cohalan in
AbOlishing Jobs.
SUPREME COURT MAY
NOW SETTLE DISPUTE
Deputy Record Keeper, Secretary
and Seven Laborers Say
They'll Stand Pat.

Controller Prendergast held up yester-
day the January salary OF Charles w.
Culkin Deputy Commissioner OF the Blu
reau for the Preservation OF the Records
OF the Surrogates' Court. and also those or
William J. Duffy, secretary of the bureau,
and seven laborers.
This action was taken on notice from
Surrogate Cohalan that he had abolished
the deputy commissonership. secretary
ship and the Jobs OF three OF the seven
laborers The Surrogate's order was 10
take effect on January l.. Having doubt
as to his authority. the men affected had
continued at work.
Mr.. Culkin is the Tammany leader OF
the 9th District. His salary is $4,000
year. He was in his office yesterday with
his customary smile and said that ne
would be on the job tomorrow as usual,
notwithstanding that his pay is stopped.
Duffy and the laborers will also report
for work tomorrow morning. The sur
rogates order did not indicate which
three Of the seven laborers should lose
to hold up the pay of all seven. They re-
ceive s72O a year DUFFY receives 5000.
All that Deputy Commissioner Culkin
had TO say yesterday was: II am content
to leave my money with the city. | know
OF no safer depository" And he never
lost his smile. He is sanguine that ne
will get his money and hold his job.
Following his order, Surrogate Cohalan
wrote to the State Civil Service Commits
sion and Controller Prendergast notifying
them of his action. He gave as his rea-
son that there is not sufficient work for
the men.
But the doubt has arisen because the
law creating the Office is so framed that
the two surrogates have the power to APP
point only the Commissioner of the Blu
reau of Records and not his subordinates
Surrogate Fowler concurred with Arthur
T. O'Leary, secretary of Surrogate Coha-
Ian, who investigated the bureau ana
recommended that the jobs should be
abolished. but he was not sure that the
surrogates had the power to abolish them.
The State Civil Service Commission
which has TO certify the payroll Of county
employees to the Controller, decided that
it had no authority to act in the mat'e'
and refused to omit the names or the
men from the January roll.
Also, 1t is understood, the Corporation
Counsel gave an opinion TO Controller
Prendergast favorable to Culkin, Duffy
and the others.
When Commissioner Curry sent to the
Controllers office yesterday for the pay
roll OF n 'orce it was not positively
known whds Nr. Prendergast had decided
to do. The payroll was found TO con-
tain the names Of the men whose jobs
were ordered abolished. but alongside the
name of each was written in red Ink.
deducted by order of the Controller
Thereupon the seven laborers. the
Deputy Commissioner and the secretary
of the bureau wrote demands on the Con-
troller for their January pay, but 1t was
too late in the day for any action. and
the nine men had to so home without
their money
They all said they will be undeterred by
any action Controller Prendergast may
take on their demands and will go right
on working as though they were being
paid.
Ii Controller Prendergast should refuse
to honor the demands the matter Will be
taken into the Supreme Court in the form
of a mandamus proceeding to direct him
to show cause why he should not be COM
PEELED to pay In this proceeding the au-
thority of the Surrogate TO abolish the
jobs will be tested.