Year: 1873

CONTROL OF 1BE CII1o MONE1.
CHAMBERLAIN PALMER'S REASONS FOR OPPOSING
a THE CONTROLLER IN THE REMOVAL OF CITY
Y AND COUNTY DEPOsTS-IIS OFFICE CO.


ORDINATE AND NOT SUBORDINATE.


Chamberlain Palmer sent, yesterday, the fol-
lowing reply TO Controller Green's letter of Jan O. rela
tive to the transfer of accrued interest on the public
moneys from the National Park Bank and tho Union
Trust Company to the National Broadway Bank or the
Tradesmens National Bank:


Your favor OF JAN o relative to the interest moneys
the Park Bank and the Union Trust Company,
has been received and am sorry 70 peroevs tnat you
still persist in the erroneous view OF your ocla Os
ton and mine. which has, so far embarrassed my ocal
action. - l,,.,. a., -,
ordlnates of my Office, and TO fix their compensation,
and you right TO control the deposit OF pnb-


lie moneys III my hands, and now, as nave repeatedly
DONE deny your claim In every respect IL is expressly
decreed by statute which has never been repealed,
clerks and deputy shall he fixed by him. all Of whom
he is authorized TO appoint and dismiss" Ihe exercise
this power to TO be clear matter OF duty
the part OF the Chamberlain for bis omission 70 do
would remove all checks or restraints upon the Con
peases. How could the Chamberlain hope TO preserve
that of his suretes and guard the public funds from
being squandered. II all Of his snbOrdndtes upon whom
he must depend for the performance of the duties of his
Office independent OF him Us TO the tenure OF ONCE


TINS control over his subordlnates was given the
Chamberlain for the very purpose OF enabling MIN 70
perform his duty OF guarding the treasury against the
possible reality OF a dishonest Controller well as
other nruders. You overlook the TACT that the power
OF selecting the deposit banks Is given the Chamber
ain and to him alone. and that without his consent no
amount be drawn from them. and the fact that,
without his warrant no sums can be transferred from


All that the Controller do with the deposits is to
countersgn warrants OF transfer and all else IN regard
TO the deposits belongs to the functions OF the Chamoer
lain alone. So too you overlook the fact mat, whle
IA % Sa9 2t OF be Sy funds m 6a f 6e % is
bureau in his Department. He IS, beside tha county
and as snen me- a ana sbS ID
the City Controller and as such Ee receives ana
accountable for much the largest portion OF the money
that comes into his hands All thls Is Dy virtue OF the
of the Legislature outside Of and beyond the City
Charter, which acts, am bound TO obey and have
gwen surety in 81 100000 that will obey them.


The charter under which alone the Chamberlain's
office Is made bureau in this Department OF Finance
not only makes IL so lOr the reception Oh an moneys pa
into the treasury OF the CITY, ana Tor the payment OF
tersigned by the Mayor but il is careful TO preserve
the independence of the office by exemptng 1t from the
general rule which gives TO the heads of departments
the power Of appointing and removing the chiefs OF
bureaus"


such has always in his custody over 5O0OOO He is
also county treasurer and as such he receives and dis
OF the county :or county purposes And as such county
treasurer ian officer which every comfy IN the state has
he receives ana pays into the State treasury about
S000000 annually OF moneys gathered by taxation from
This OF things s the result OF laws affecting
the whole State, as well as this city and county.


TO comply with the requiston contained I'm your letter
OF jan would be palpable derelicton OF duty on my
part for 1t would give The Controller control the
office of the Chamberlain which the law intended he
should not have, and winch might. with dishonest
Controller be immensely dangerous IL would also give
him control over moneys amounting to several millions,


Sere coDfrrTsd upon that oceF but has placed II
in hands from whom IL has exacted adequate security
1t for these reasons that decline TO comply with
your present TequsOn, and state them 10 you now in
repetition OF what have often said to you that there
may not hereafter be forgetuness on your part OF
the position which assume. In my view 1t Is only IN
few respects that the Chamberlans Office Is sub
ordinate TO the Controllers In all other respects 1t is
a. deaS' in 0Oe rne q m Ike ban In or dpar lT
fa NJ fha itV il "a
very unlike for the Chamberlain Is not dependent upon
the Controller either for his appointment to or tenure OF
Office, for the rate amount OF his compensaton
and is the clear intention OF the law to carry that
principle all through the cust0danshp Of public moneys
Ii the State and IN the countless aud intended
to be so in the city and county


there is peculiarly applicable to the balances in the
Park Bank and Union Trust Company. You insist on
my treating claim to interest money actually paid
INTO Treasury and deposit. not familiar with
the principle which authorizes us to treat interest which
as money actually paid in that 1t can be treated as
money in the Treasury transferable only by my warrant
countersgned iby you. To treat cash hand be-
fore 1t is paid over would make the Chamberlain
sponsble for it 1t never should be PAID Both Of those
owing by them on their having forbidden It, Withdraw
your prohibition and viii engage that the amount shall
be paid into the City Treasury, as 1t would long
since have been you had not refused the offer made
interest from the repositories payable TO the order OF tho
Controller so that he might credit 1t to such accounts
as in his judgment might seem proper"


In the meantime refused to comply with your re-
quest because my compliance would give 10 your office


control the nnances which not belong
and which might be dangerous, and would subject TO
responsibility for your action which do not feel
called upon toassume. You claimed, at early day
after appointment, the power Of appointing the
subordinates In the Chamberlains Office and Of fixing


psSs an u %as c a
after denial that you embraced the idea Of forbid
S the poss You n' pSaeG
out could be, 1t difficult to discover; but easy
10 that, whether such the design not the
effect would be give you tho control the salaries
OF the suborddates In my Office and thus deprive the
Chan berlan of that CONTROL which the law has deemed
wise and necessary To consent 10 such or TO
act like your present one TO carry 1t into effect
would, III my Judgment, be contrary 10 law and viola
ton OF duty on my part. Very respectfully yours


FRANCIS A. PALMER, Chamberlain


p. S.-Since received your letter Of Jan. q have
received from the National Park Bank OF which the
following is q copy:


deposit the credit othe Cit Coan.y OF New
3ist day Of May 1872 this bank $4,000 exeve
Of interest statement Of which made for you vhch
under date Of June s. 1872 requested draw in youf


favor which could not comply With bad been by The
Controller Rot to do %. WILLIAM h. KITCHEN, Pregdeut