New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1847-02-02
Judge Bowen's Hotcs-Fees In Trials for MUIR
der-Excitina Debate In AssembIy-'an Bu-
ren's DOure-rs-rhe Tribune Answered.


ALBANY. Jan. 81. 1917
In the course of yesterdays session N ASSN
BLY, the Speaker presented Mr.. FLAGGs retcrn to
resolution moved by Mr. CoEswELL, and showing
in detail the moneys ordered 10 be paid 10 Mr. JoHS
VAN BURFS ior doing his duty as Attorney Gene
raj, to the judges since the Fall OF lsi5, for state
ments Of the proceedings on trials for murder, and
to Judges GRIDLEY. DAYTON, WHITING, Boards
LEY and PARKER, for travelling charges. The lat
ter being certainly OF very moderate character
less probably than than their actual disbursements
| believe that FREE ELECTIONS are THE MAIN
SPRING OF our Republican system, aud know that
the people cannot vote right if they are not kept
well informed OF what is done by those 10 whom
they delegate power There is much Of sterling
honesty-much of manly integrity, and hatred Of
meanness, among the American people but II the
mean acts Of their gents are shrouded in darkness
these noble qualities in the national character viii
be unavalling in the choice OF said agents II the
publication Of the memoirs OF JEssE HOYT and BIN
JANIS FRANKLIN BOILER had not preceded the
Convention Election some folks would have sat I'm il
who were well away Il the people had been let in the
dark a. TO the douceurs Of $50 In Dr. boUGHrONs case,
500 next month ont OF the Delhi trials slCO In the
-chOharie $50 In the matters Of WYATT ard FREE
MAN Judge WRITINGS copying bill being another
81 600 and $50 In the Of FLYNN and HITcHcocE
Governor WRIGHr and some Of his friends would nave
received votes last November and if The Tribune
had lacked hs courage TO expose and condemn the bad
public acts Of our public men ], would have small claim
TO that reputation Cor usefulness Of which is circulation
% ono Of the proofs.
The receipt Of Mr.. FLAGG's return and the Justly
severe animadycrsions Of your humble correspondent
in hs letter Of the 2lst relative 10 JUDGE WRITINGS
conduct gave rise % a discussion which may be
newed tomorrow, for there was no question taken.
Mr. CORNwELL moved that thrice the usual nun
- ~ .fr,VF
state gh have them. because many Of the expendi
lures reported were In direct violation Of law and the
facts ought 20 the people and something be done
in that House TO close up those leaks IN the Treasury
JUDGE WHITING claimed that he had earned his money
that his own expenses had been s263-but the charge
he had made had no wsrrant in the statute book
Mr. BAscON remarked that the new Constitu.
ton prohibited such charges a. these by Judges and
Attorney Generals. IA to Judge WHITING, he had
done no than every other Judge had done since
l--kept his original notes and sent aeopy 10 the Gov
ernor. Messrs. GNDLEY, RUGGLEs and DAVToS had
done so. The TRIALS were long-many iolos-much
testimony he humbly conceived thar the law was
wrong not the Judges. Judge w has sent copy Of
the testimony and charged the legal fees for making il
out Saw reason why extra number Of copies Of
this return should be printed did not even know why
the return should be put among the files Of the House
thought well Of the Judge.
If representatives, OF the people their oaths 10 do
their duty complain Of gross violations Of Official con-
uct which Mr.. BAscon equally conscientious declares
% be no violation AZ ell why should he object 20 send
the facts to the people that they may Judge for them
selvssil
Mr. PoTrLE would not have risen had he not
seen asserted in the correspondence OF responsible
journal The New York Tribune, that Judge BOWEN had
acted improperly in this matter and RosBED the State
Of 5000 lTnat Is not the language / used Whether
il would have been warranted, the country Judge
for they have the facts The fees pad the Judge
unusually large because the testimony 10 be copied was
unusually long-hs pyGcfic, that Of oiksr JEdse
long established precedent and sanctioned by the Ugh
est Judicial authority in the State AzAzIAH FLAGG had
said IL right and if the Judicial construction OF the
lsw was erroneous, he hoped no one Judge would be
accused Of robbery who bad followed H. Judge w.
could rot send the Governor bis b.otted cOPyhe
had 10 get Ii copied, Of course.
Mr. CoRswELL had not called for facts applying
70 one Judge but 10 al. If Judge W. in making Illegal
charges only followed PRECEDENT the need there
was Il remedy. But what was the highest judicial
authority referred to tAr. PorrLE here admitted
that the Supreme Court had not given any opinion In
the matter The Law required copy be taken
look sf IL Il 10 definite the notes be tran
mitted II the notes does not the notes" the
risl does not mean the trial literal definition IL set
aside and when our highest judicial officers benef,
themselves in this way. and when financial gusrd
ans assent 10 H. the peoples rights ought % be looked
| 70 here He admitted that Mr.. WHITING had commit
ted 8 brother Judges. but wss De Just5ed on tina;
! ground for putting money in his own pocket in the
! teeth OF the statute. iof which he Judicial ex
pouuser n Making copies swell the fees but for that
| nnw.-ranrsd charge they would be very limited He
wanted 10 prevent public officers whose duty il was 10
.top the payment OF such charges the treasury and
who did NOT do 80 from ever having the power Of thus
scnns szsin-