The New York herald., 1871-10-31
TIE LAST LEGAL QUIBBLE.
Charles 0'Conor's Reply to the Opinion
Of George Ticknor Curtis.
The Objections to tho Attorney Generals
Conduct Of the Case Against the
Ring Merely Legal Quibble.
A DESPERATE HOPE OF THE GUILTY ONES.
NEW YORK, Monday, Oct. 30, 1871


To SAMUEL J. TnDEs, Esq.:-
DEAR SIR-Agreeably to your request nave pc.
rused the opinion Of Mr.. George 1cknor Curtis pub
shed this morning and proceed TO Civ you my views
upon IT, The men who are engaged in unholy effort
to I'll our next Legislature with rogues must OF
find 1t their interest at this time perplex
the public mind with irrelevant topics. How far
any legal proceeding which may be resorted TO
by any one Is likely to be an efficient instru-
ment OF justice Is not now q material IN
qury. Tne conflicting notions OF lawyers on
any branch OF such o subject are not suscept-
ibe OF satisfactory solution, except in the
Courts and their views cannot soon be effectu-
ally expressed. so IL would certainly seem the
course OF wisdom on the part OF orr Fellow citizens
TO leave for future investigation all issues on mere
points OF practice such as my honored friend, Mr..
Curtis, has raised Neither he himself nor the gem
tleman who has retained him ana sought his advice
seems TO entertain any doubt that oicll malversa-
ton and fraud upon the public have occurred.
They both profess believe tnat actual ana
efficient prosecutions should be pursaed vig0r-
ously and eIectually and they are apparently
acting on. that belief. II they really intend to
prosecute their lawsuits, and can succeed In
recovering the moneys abstracted, I shall be
greatly reJoiced. That the proceedings which
have advised should be found unnecessary
would be result most grateful to me- Any
mere technical point is not proper subject OF IN
qury among our honest citizens at this tne neither
Is the issue Of fact sought to be raised by the Cor
pOration Counsel. No charge mas oeen made agains'
him II Is the course Of desperate eTa ae game game
sci Tor the people have not resorted to ~.
The charge OF coluslon Is made g., aSa.nst iis @ tne
county suits to be brought not against the at
torney, who was Obliged to bring them when 30
The only question now properly oefore the
public Is this:-Are the accused indlviduas
su small legal auSbles aiect the inquiry II these
bubbles can furnish the Offenders ioopnolo
through when 70 escape oa,cn na c,1e NJ coy neir
plunder, much the more pleasant ior lnemse.yes,
and perhaps Prs ,a aop pe sr ia Whether these
men are guilty, and, II 80, whether they snaii DC
permitted to go INTO IN the Legislature anu oon''nu'
In word, then the gentlemen who are enGseea si
in prosecuting these city and county suits navc Du
one thing to 10. No one impeacheS thclr Persoudi
acts or condemns their personal or onlclA actlon:
II they believe the accused guilty st them 70 on WIN
no ADEQUATE proof Of that guilt surely they ought 70
announce fact, and as far as IN their power,
impressons Tney would thereby relieve these vlr.
| tuous prosecuted and prosecuted officials from o.
| least some part OF the unmerted 0dlum with wnicn
/ they are now almost universally regarded
II this response to the statement OF the corpora.
tion Counsel and his adviser should END here ere, i
might be thought that had found something novel,
startling and not easy to answer III MT curtis puO'
'rS TSe dinicalties suggested Dy him as standing
| IN the way of Iusticc belong to the magazine o.
teSn,ca' nev relae merely to matters
form Though he does not use them Tor tnat pur
pose, every lawyer knows that tney belong 10 tne
class OF oDjectious which the lnvariaoe resort
swndlers VINO cannot defend 0n the merlts INT
wrong plalntr is named; the wrong ohcer conduct Y
| the prosecution: II Is brought in the wrong place
there IA rhis that or the other naw or detect II
the lndic.nssnt or tho complaint These delences
the counsel employed by tue dii0t Generally, these
caviIs issue from The malefactor. l. IS not often
that some other public officer risfes nfO the melee,
and thrusts INTO the face OF tue peoples prose
cutting ageat; but In such times as the present. sucn
| an OcC urfence should not excite surprise.
The questions prOpounded TO his associate BY the
Corporation Counsel really have not much relevancy
10 the action commenced by the Attorney General
against Tweed and his cOnfcderatcs or course the
associate counsel's answer Is, III considerable de-
gree aside from The point
Though he has not gwen us any evidence Of
his knowledge on the sub ect, the associate is
mas the right and tie power to correct by action
at law or IN equity abuses OF corporate and
in pecuniary matters, though the money abstracted
or misapplied should belong 70 municipal corpo
ration. Surely inc learned associate aa KNOWS tnas
or unlncorporated Is but civil division o1
the state and j. merely sa5s Part [,o@ Of
forms OF administration and procedure, ali the
money OF every such civil dlyis.ccl is but part OF
by local contribution or taxation and Intended for
some local use, II Is always raised by authority OF
power may direct.
All these things, admit, do not prove tha. the
particular KIND OF remedy adopted lGr the re-
covery OF the S. 800, 0C0 raised on bonds 10 supply
the Ingersoll, Garvey. woodward aud rweed
swindie ought, as u mere matter oi practice, TO
be sued for by the state or that. IN point
OF strict regularity, it can be recovered IN the
name OF the state. Whether 1t can be so recov-
cred must he sued for In the name OF the
county OF New York or It's Supervisors is just
OF these petty little practical points
that belong much more Io tue a.orney's
school OF manipulation than TO the Rreay
field OF legal science. Yet the point did, Of
course, require the attention or the Attor
ney Generals assistance II was, or course. fore
seen by them; for they knew that the rogue Is ever
ready 10 employ some exception drawn from such
technicahties "to entangc justice IN the net OF
FORM" Perhaps all OF us have united In an error on
this little technical point But take occasion to
say that we have had adequate means and oppor.
tunities OF understanding 1t; We are all firmly con-
vnccd that II VIII present no obstacle to success In
the peoples action
am, dear sir, with great respect, yours truly,
Gil. UCON0R,