New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-02-09

A
SCHOOL CoAIAuITEEwOMEN--A NE" fIA'L "
49,. ,,orop oI-rsroN-THE DEAF-MUTE con-
TROYERsY.
IRON V'' 'r' BOSTON, Feb. G. 1867.
Mr. Josiah Quincy is pressing upon Iiie aVVen'iU- -
tba 7 egislature his project OF consolidating the W.
cest4r and Western Railroads by making the I'"D
s"rohaoe both Ibelieve his plan embraces lease
80 ,,o roads TO the City of Boston, which would 10
Vlrv nice thing indeed if the people could oiy SEQ
II A Committee of the Boston Board OF Irauo Io-
nored in favor of Mr.. Quincy's plan, but lhe gov
nrnmenbY of the Board as it is called reJecIeu the
report by vote of 10 to TO- No particular
il 10 be attached to this vote. Inc noaIu VI AIau
. fos aort of an institution very much disposed 10
naddle with legislation if 1T can ind decent OK,
cpso in the emergencies of business for so DONG anu
it, onnon does not go for much at the state hOuSc
On Mr. Quincy need not be discouraged at his 1aliure
IN Get its Endorsement Mr.. Claflins Mr. IOOey o.
Mr.. HilPs. Mr. Plumer's, Mr.. Hardy's, Mr. Lncoin's
opinions are valuable, but not by any means Decause
thew are members of this Board" However, III TINS
case the people are unquestiOnably with the ma
iority Of this body and not with Mr. quincy NoDouy
suppOses that the State will buy these foads ana Iho
propositon to purchase only abstracts puDhc atteh
fion from the feasible project OF consolidation ny "o
of the Legislature or other projects also thought W
be feasible for bringing Boston into communication
with the West such aid to the Boston, dartloIu
and Erie Railroad the building of railroad over inc
Uoosao Mountain and so on. 1t is my impression
that The tunnel interest is the great obstacle IN the
gov a all Improvement upon the Worcester and
western line The people seem to be hopelessy strug
cling with this Franklin and Berkshire County line,
which il is admitted cannot be finished under ten or
a dozen years To all questions as to the expectancy
Of going on there two invaTiable answers ready:
First VIC can get through; Second we have expended
so much money that we must not stop now NOBODY
discusses the question whether 1T VIII not Dc cheaper
10 stop now than to 60 on or the other question: stu
more important whether vigorous effort III Other
directions will not open channels to the west
which will preclude the necessity Of further
4unnelng and excavating. believe it is undeniabe
that things have gone very badly at the Tunnel for
Che last year or two think it is conceded that the
dam over the Deerfied River which cost S3OOOO Is
lnlmbug and the Commissioners are coming 10 the
conclusion that tho central shaft is also hunDug,
though they lack the courage to say so. Mr. j. w.
Brooks Chairman of the Board Of Commissioners
for three or four years broke down In health last
year and had to resign; Mr.. Holmes of the Ola
Colony Railroad, and Mr. FELTON, of the Philadelphia,
have also resigned, and the present Board
consists of the Hon. Charles Hudson, late
member of Congress, Revenue Assessor, &c;
klyah Croker esq, an energetic man who
started the Fitchburg Railroad, and James
NJ Shute formerly of the Governors Council an in
teligent gentleman, but with special fitness for
Railroad enterprises. The enterprise ought to be
thoroughly investigated by this Legislature, but l
have no hope that it will be- for the Committee APP
ointed TO sonsder it have not vet held meeting.
The rules of the two branches now provide for a
Standing Committee on the subject and suppose we
NAV fairly consider ourselves in for it" as thefellow
said at the theater wheR he read on the bill: "a pc
Rod of fifty years is supposed to eapse between the
Sd aud 4th acts" every few of us will live to see
the ond of the play"
curious controversy has arisen between the Au-
ditor of Accounts and the Governor and Council The
office Of Auditor created several years ago, by
statute and in 1855 the people were foolish enough
TO put the office into the Constitution this
merely ministerial and clerical person bids fair
20 continue, willy, nly, till time shall be no more
Gen. Harry D. Briggs, son OF eX-G0y; ana OK
Judge Briggs, is our present Auditor. The senior
Mr. Briggs was an excellent man and good
Governor but by no means a great lawyer, and
the sou exemplifies in striking way tho axiom
that a little legal learning is dangerous
no moneys shall be issued out of the Treasury
and disposed OF but by warrant under the
hand of the Governor, with the advice
and consent of the Council agreeably to the
acts and resolves of the General Court. In framing
statute defining the Auditors duties the Leglsla-
fure, IN 1853 provided that he shOuld make and re-
cord ia q book certificate specifying the amount
due on each demand. the law authorizing its pay
m nlsIdi and the head Of expenditure itT -. to
init the certificate to the Governor" II so hap
pens that claim has been presented to him for
which he can find no law authorizing the payment"
aud accordingly he has taken notion that he is not
obliged 10 send up the claim. In other words, he
holds that he is the guardian of the finances of the
State and not the Governor and Council, in whose
charge they placed by the trainers Of the COnsti
tuition. The Attorney iCneraPs opinion was asked
the subject, and he said, substantially,
that u the Auditors duty, If he cOnld
find authority Of law, to say 80, and
not keep the creditors Of the State ont Of their
dues by = u dlculous assumption OF authority which
does rot belong 10 INN, But the Auditor did not
yield % this, and the Governor and Council then
dertOo! 20 ret the opinion Of the SUeTeme Court 1t
Is prOycrbialy difficult 10 get Judicial opinion on
any matter IN controversy between the Legislative
and Executive departments, but there would
10 be no need Of hesitation in a dis
pute between the Executive Department and
of its clerks. Yet, Tor an that the opinion
Of the Court Is IS vague Is one of those famous
dcta delivered 10y Mr.. Justice Bunsby and found
recorded in the 1T and ri Of DOmbry. The Judges,
however, are hardly TO be blamed. The question pro-
pounded 10 them by the Governor and Council did
not cover the ease m dispute aHd 90, suppose By in-
stinct they Thought they need NOT in their answer
cover the question actually put The question pnt
but the real question 80 issue is to the duty
OF tho Auditor and if this question had been
asked, nobody can doubt that the common
view of the Acknowledgement would have
been sustained Ii could never have been the
intention OF the Legislature 10 give mere clerical
officer power to dcfraud or DELAY the payment of
any statute authorizing the payment. This same
Auditor has also undertaken 10 demand that the
as the buyer, snail ma Re oath that they puT-
chased for the Of the State. and the laughable
spectacle has been lately exhibited of the Superin-
tendent OF one OF Our state AlmshOuses, who is a
Justice of the Peace chasing about the Common
wealth and out OF IT, and swearing the men of whom
he himself has purchased supplies, who, OF course,
knowing nothing OF the purpose fOr which the sup
plies were bought, must swear totally without
knowledge or on the strength OF information derived