New-York tribune., 1872-06-05
.TAMMANY ON TRIAL.
TIE TWEED AND FIELDS CASES.

that he tis yesterday but be should have d0ne So
II was the resort OF defendapts to put In DO
murrers, and &c was surprising that one should be
put in here He said the msncys belonged 10 the public
and he used tho word public in t broadsst senseand
tho ocnse va, against the people OF the whole state
not alone those WHO would be obliged to make up the
stolen amount bot all the people Beside there wero
many who owned the property taxed 20 make up thiS
money who did nos live in the city, many of them never
saw the city and perhaps never would it, This was
the case and the question 10 who should prosecute
for the recovery OF this m gotten money merely one
OF practice procedure. He then read from the act
providing for Auditing Board, and said II Ike
letters testameDary The old Board Of Supervisors was
abolished and Bsard sppointed, but the President
OF the old Board who was Tweed, was made me1nber
OF the Board Of Audit which 20 consist OF the Mayor
Controller and President OF the then Board OF super
| Ns0i=. mus TIE board OF HuperFSors was Lew
Special Commission 10 ascertain the Indebtedness OF the
city and county. 70 issue bonds. and levy tax 10 pay
the bonds. Now, said he am called upon to say Who
y reason Of the injuries happening ~ the malyera-
ti0n, the parties Injured Why, nobody but those
who be taxed and he would like 70 know who
rrpresens them IL has been decided fully and clearly
that tax payer cannot bring an action To protect hn-
self from taxation. Somebody else must FOR him, or
else there would be end 10 awsus. There would be
millions Of taxpayers TO bring suits The Board OF s-
pervisors. under the ac had nothing to do with this
money further than TO specify how IL shall be assessed
The money be collected and paid 10 "a speci
fed officer The Supervisors have nothing TO do with
spending t. They therefore in no sense the repre-
sentatives OF the people There were number OF de-
cisious by the courts denys that these local bodies
represented the individual ci1ens Therefore, we ind
citizens cannot into court taxpayers, neither
the Board OF Supervisors come IN n their represent
atves He then called tie attention OF the Court 20 the
question whether the money belonged To the City or
County OF New-IOrk These bonds, he said, were not
ssued NV the Board OF sperysOrs nor any other Ocsrs
representing the CITY and Comfy Of New-York. They
wee made by ain specified officials designated by
the act of the Legisature Then who did the money
belong tOf Why. the state OF the individual hond-
hoders. The money was not raised by the city or
county nor by any OF che officers Of either.
II was raised bY the coercye power Of the State Leg
lature in the passage OF act providing the requisite
machinery the purpose He declared the suits com
/
these moneys colusiye with this rOguery, 1t
certain he could not recover for the very reason
this money does not belong either t0 the city or tho
county IL Is claimed that New-York. which Is only
could bring these suits. Why, said be, you might well
the OF man " no has leg cut OF by the rail-
road down here tal II D, tle eg ohy ~fh can DrlhSa
suit damages IL was the leg damaged not the man.
Judge Hogeboom inquired Of counsel II the State re-
ceived this money what would 10 do with 1t
Mr.. O'ConOr said undoubtedly It would DO with II
what was right and proper and aat II was unnecessary
for ue here fO inquire into TINS matter
Judge Hogeboom-That Is true; but would it not be
possible 10 get this money Oach 10 the Taxpayers IN
some way, say In lessening the taxesi
Judge Hogeboom-Then the Board Of Supervisors. A.
representatives Of the county would be the ones to do
ths tAey being the most appropriate trustees OF tho
Mr. O'Conor replied this that this would be
Td-p Hogrhoom then referred TO the proceedings In
sttuted by the local authorities and called attention TO
the criticism of the intention and the motive OF tho pro
Mr. fopor thon spoke with much warmth Of ths-luty
OF the step IN ana acs In behalf " the people
trodden under foot by corrupt officials 1t was the states
duty 10 represent su unrepresented interests The
counsel then read his point length, covering his
branch or his argument. which was thaJ the real and
immediate 20 he INJURED were these unknown per-
sons v no we're 10 e taxpayers when the money
raised 10 make good This stolen money II after all
the payers and those 70 be snch IN he uure ana at
roQuery To not the corporation authorities OF New
Yort Cfv or Connty Therefore it became the duty of
the state representing the people, the tlxpayers to
IN ke the part protector Counsel detailed the history
of tbe ORGANIZATION OF the City aud County OF NeRYOrk
IN hot hat
men other countess tnat the Board OF ShpcrVisOrs
was merely levyng commission, appointed Tor that
nrnose only and il has been conceded that they cOnd
not be- sued as Boards VI Supervisors in other counties
are suable Therefore We find no sus brought against
them They had treasurer But during the exist
Boarl for the purpose OF carrying out the
schemes Of the Ring OF plundeIers s poNers ana qnes
were enlarged, and VIM. NJ Tweed was made its Pres-
dent Tue minutes OF inns BOard or eoo maze Dooh OF
IlOO PAGE and there was very iarEe Pineu
more than was wanted but II made very nice J00
for their printer; ne 9 '' - SrSS,srs a, Tya -y 1 @
would call middle age, me boaIu o nuprYsos nas nut
a corporate entity Nov, however, since 1870, tins
Board has been put back 5 10 "Ras ,Dci,,. onSn,
Which eutte u 90 he representahye body
He denied that the Board OF Supervisors OF New, YORK
lad nov or had had vested III II powers or duties
such vested in other Boards OF ne
nere was no local governing body IN the CITY and County
OF Eew-York. The counsel then proeeeIen at some
length 10 point out the relations Of municipal corpora
tOns with the state, % show that such corporations
possessed no property Whatever n .he W o"h rISnl,
and 20 10 make up The STATE which superior Organi
Te counsel in reply to the claim that suits have
been brought by different parties for the same purpose
10 thls eass, ID % and the fae was never in one case
peaded in the bar VI the other case FOR instance ms
and Le could do the same az the same time -
Here Mr O'Consr concluded, and DAVID Dudley Field
followed sustaining the demurrer lie commenced OY
saving there were three points presented firs L. there
any cause for action here Seeond; II there be Is mat
cause OF action favor OF the people OF the state IAH
m n favor OF the people Of the state can Tue counsel
Ignore the cy aHa aeS2Te to the aFgamoni Of
the counsel, but failed 70 hear nun say
what this cause action was. II II was mateasanoe Il
Office then action would ne. me uGsi5s ol t"esd %
we're Ocal. This action vas let 70 us Judgment, anu
N he erred wrOng. where was tne auLOlJ lof an
actioni defendant might as %en OlihS h " ~ ~
against Judge deciding case against nun. VOW tno
m M -Four suite been brought 10 recover
ms very money by the state, one Dy taxpayer,
ons nv The city, ana by the county. III Was true
more than party can bring SUITS i9r .he sains par
poses this s not case In whieh tnt gan pe uohs,
n, whom did this money belongI suppose WhSh tne
bonds we're lying the table unlssned some one snOu
steal tben could they not DO sued TOT en- vi atn sorsg
Now this very point has been decided ana that very
recently; and he referred 70 the case 9r me issue 4
town bonds In behalf Of the Uuca ana ChenangO Kali
road IN which Judge Muln decided that the Attorney
General Of the state had no anth9.y 70 Ds Ing bd s' m m
manner Of interest IN the case at al. II ms 10 %,
town was about issue the bonds wrongfuliy ana e
General sought interfere 10 Restrain the
issue Now after this decision why -hOllo us uls Do
sanabIe of brp gtug this suiti We have pad men
there he said, and ne gf1eVeu lOr IL, put sAelo
enough good men attend TO tbs matter properly.
Counsel then asked whether the County OF New YORK
WIS a corporate body with power TO sue ana sara tIo
Revised statutes settled that question. Ihey proyng
| tbat Zach county NAV and be sued But counsel
saVs there cnnnOt be two corporations on the same
tsrrtory This Is not We have STRIKING Illustration
~ ne fact rhat two and DO occupy tue
sarne territorv in the General Governments havlng
| authority In every state IN the Union. , -.., p.
Couuss cited authorities % sustain TINS postum 10
has een said that the county has no properly why,
I'm, erv Court-house IN question II county properly ana
tbe land upon stands had % De DOught from me
cify before II could proceed win the building. COunsel
produced ordinance showing ms 'eet 9uppOse ms ms
tourt-house we're burned to-day, VINO would Drhg sut
Tor fbe Insurance Would the people through calo
orcer Would not that absurd and prepOsterVlie,
when the Reys statutes say county can sue and