New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-10-31
A WORD IN SEASON.

CHARLES
OF GEORGE TICKNOR CURTIS - TECHNICAL
POINTS OF NO CONSEQUENCE - GUILTY OR
NOT GUILTY.
A long communication from Geo. I1eknor
Curtis he points of which printed in yesterdays
TRBUNEl, containing numerous qubblng objections TO
the recent action Of Messrs OConor and Tden against
Tweed, has elected from Mr.. O'COnOr the following
vigorous response:
NEw-YoRK, Monday, Oct. 80, 1871.
To SAMUEL j. TILDEN, esq.
the opinion Of Mr. George Ticknor Curtis published this
morning and proceed to give you my views upon II.
next IesisiatuTs WI. E%sues, must Of course
any legal proceeding which may be rcsoTtcd to by any
S Eot noW steP H nGniTy The conctng Notions Of
lawyers any branch Of such subject are not suscNp
their views cannot soon be ccctualy expressed SO it
would certainly seem the course OF wisdom on the part
all issues points Of practice, such rs my hCnored
frond Mr.. Curtis has raised Neither he himself nor the
gentleman who has retained him and sought his advice
seems to entertain any doubt that official malversaton
and fraud upon the public have occurred.
They both profess to believe that actual and efficient
prosecutions should he pursued vigorously and et-
tccluay and they are apparently acting on that belief
succeed in recovering the absractcd shall he
greatly reoiced That the proceedings which have adj
vsed should be found unnecessary would De result most
grateful to me. Any mere technical point Is not
fS OF s sIs sse our 4O sosnt c
be raised by the Corporation Counsel No charge has
been made sEns o9c o is af 81 S
counsel for the people have not resortcd to IT, The
directed these city and county suits to be brought,
not against the attorney who was Obliged 10 brig them
when 80 ordered.
TwEED's GUILT THE ONLY QUESTION
The only question properly before the rubic Is
this: Arc the accused individuals guilty That is
mere question Of fact No small legal Quhhcs affect tho
inquiry. II these bubbles furnish the Offenders
loophole through which to escape nstiCe and by which
plumber, much the more pleasant fol themselves aud
perhaps profitable for theft hclpcys But the question
now before the public is whether tcse men guilty.
and il 3d. whether they shall permitted to 90 into tho
Legislature and continue their career Of fradd and
In word, then, the gentlemen WHO engaged in
prosecuting these City and County suits nave Dt orc
condemns their official action L they believe
nS SS Fest Of Jet te # they have no
quate proofs, Of that guilt surely thy ouGht
dsa6mse the public mind from existing incyipat4ty i'm
Tessons They %snd teTsGy re r they co s anS
pant of tie uAncrited Oli4n with which they are now
statement Of the Corporation Counsel aud bis adviser
Should eud here 1t might he th3usht tl&t had round
Sir. Car.is's published views. Such is not the Iact
The CAvILs OF A MALEFACTCR.
The difficulties suggested by him "a standing in the
WY Of justice bcoag to the ma@&znc of merely techn
cal objections to method procedure They rotate
merely matters Of FORM Though he docs not use them
for that purpose every lawyer knows thai they belong
TO Tie clsS objections which are the tnvarao resort
of sgindlers who cannot defend OH the M It's TO
wrong plaintiff named the wrong officer Goa lTctS the
prosecution it is brought IN thT TT'n& pr thFfG
the indictment or the complaint. l"eie ne.
nsC re as we'll known and hackIryo Cd IS tlc month Of
ne ca,Ci employed by the ait6i Generally these cavis
s, iro: made tor 1T il not often tna some other
S S a TIC I SresS such an Gccrrrcnco should mo-
The tc .Ticns propounlcl to M associate by the Cor
rarntGn Counsel really have not much relevancy to tho
action commenced Gy the AtoInoy -Gonelai against
Tweed and lis colleicrdtcs Oi course tho tS,oCate
couEscs answers, in considerable degree asde nom
the POINT
TIE RIGHT OF TIE STATE TO CORRECT ARrsrs.
Though he las not gwen us any evidence OF HIS k1"w
edge on the subject, the associate IL not unaware that
the State as parenS p0, has the right and the power
to correct by action at law in equity abuses of cor
porate and CIlal authority, and may exercise that
rgnt IN rccnniarT matters th@mSh 6he money c ap
poration. surely the learned associate knows
that every county, city, town, 9nd village,
the state and IS merely part of one whole. Surely he
knows that aside from mere forms of administration
ion is but part OF the common treasure OF the state
Though raised by local contribution or taxation and
intended for some local use, it IL always raised by au
ority Of the supreme power it actually belongs to the
supreme power, and 1t is applicable as the supreme
Ali these things admit do not prove that the par
ticular kind Of remedy ADOPTED Tor inc OF tS
Woodward, and Tweed swndle, ought, AZ mere matter
Of srict regularity, it DO recovered in the maine Of
the stale. Whether 1t be recovered or must he
sued Tor in the name OF the County of New
York or it's Supervisors, is Just one Of these petty
little practical points that belong much moro to the
attorneys school Of manipulation than to the great
field Of legal science Yet tho point dG Of course re-
It was Of course foreseen by them for they knew that
the rogue eyer ready to employ some execution drawn
Of FORM" Perhaps all Of have united In an error on
this little technical pou But take occasion to saT
that we have had adequate aud opportunities Of
understanding It; we all 1rmy convinced that 1t
will present obstacle to success In the peoples Co
I am, Dear Sir. with great respect yours truly,
CH OCoNoR.
HrnIr DOnnEDX