The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-06-05

Tweed, Connolly, IngersoII
and Fields.

ing-To Whom Does the Money Be-
long, and IL Collected What Win
Become Of little Formal
Demurrer by Curtis.
ALBANY, June A. 1872.
The Court met at half-past ten O'Clock Mr.
OConor resumed his argument, he having discussed
only the first point yesterday. Az to Tweed being
culpaDle In the matter Of the division Of the Money
he said that he ought to have said 1t was in EVIL
denoe that these moneys were received and divided
from day to day, and that 1t was all embraced In
the conspiracy. He did not know as he had said
this yesterday, but he should have done So and
would now dismiss further allusion to that point
He then proceeded to say that It was the common
resort OF the defendants to put In demurrers and it
was not surprising that 1t should be put In here;
therefore he claimed that 1t should not be received
with any special favor. He said these
moneys belonged to the publlc-and he used the
word public In It's broadcast sense--and the
offence was against the people Of the whole State
not alone those who would be obliged to make up
the stolen amount, but all the people. Besides,
there were many who owned the property taxed to
make up this money who did not 1--we in tho city;
many OF them never saw the city, and perhaps
never would see 1t. This was the case, and the
cry Of this l-gottcn money was merely one OF prac-
tice or procedure He then read from an act pro-
vding for an auditing board, and said It was like
letters testamentary The old Board OF Supervisors
was abolished and o new Board appointed;
but the President OF the old Board, who
was Tweed, was made Q member Of the
Board OF Audit, which was to consist Of the Mayor,
Comptroller and President Of the then Board OF Su-
pervisors. Thus the Board OF Supervisors was o
new special commission to ascertain the indebt-
edness OF the city and county, to Issue bonds ana to
levy tax to pay the bonds.
THE INJURED PARTIES.
"Now," said he, ~ am called upon to say who by
reason Of the injuries happening by the malversa-
ton the parties injured. Why, nobody but
those who are to be taxed; and would like to
know who represents them. 1t has been decided
fully and clearly that taxpayer cannot bring an
action to protect himself from taxation.
Somebody. else must sue for him, or else
there would be no end to lawsuits. There would
be millions OF taxpayers to bring suits. The Board
OF Supervisors, under the act, have nothing to do
with this money further than to specify how It
and paid over to a specified oficer. The Super
visors have nothing to do with spending 1t. They
are therefore IN no sense the M Of the
courts denying that these local bodies represented
the individual citizens. Therefore we find citizens
cannot come into court as taxpayers, neither can
the Board Of Supervisors come in as their repre-
sentatives."
TO WHOM DID THE MONEY BELONGp
He then called the attention of the Court to the
question whether this money belonged to the city
or county OF New York These bonds, he said, were
not issued by the Board OF Supervisors nor other
officers representing the city and county OF New
York. They were made by certain specified officials
did the money belong tor Why, to the state or the
individual bondholders. The money was not raised
y ns @ or p e @
OF the State Legislature In the passage OF IN
act providing the requisite machinery for the pur-
pose. He declared the suits commenced by the Cor
pOraton Counsel for the recovery OF these moneys
were collusve with this roguery, as it was certain
he could not recover for the very reason that this
| money does not belong either to the city or the
| county.
| AN ANALOGY.
1t ia claimed that New York, which IL only small
section% the State, being the injured party, only
could bling these suits. Why, said he You might
by the railroad down here that 1t Is the leg only
which can bring suit for damages: It was The leg
| thaa was damaged, not the man the man is the
whole, and it was only the part injured
Judge Hogeboom inquired OF the counsel II the
State received this money what would 1t do with
Mr.. O'Conor said undoubtedly it would do with
Il what was right and ana mat At II was I'M
Judge HOgebOOm-That Is true but would IL not
be possible to get this money back to the tax
payers n some way, say In lessening the taxesf
Judge Hogeboom-Then the Board OF Supervisors,
representatives Of the county, would be the ones
to do this they being the appropriate trustees
OF the AFFAIRS or the people.
Mr.. 0'Conor replied to this that the course would
Judge Hogeboom then referred to the proceed
ings instituted by the local authorities and called
attention to the criticism Of the intention ana the
motive OF the proceedings.
THE DUTY OF THE STATE.
MI. O'Conor then spoke with much warmth OF the
duty OF the State to step In and act In behalf OF the
people when their rights and interests are being
Overborne and trodden under foot by corrupt
unrepresented interests. The counsel then read his
point at length covering this branch OF his argument
which was that the real and immediate ones to be
injured were those unknown persons who were to
be the taxpayers when the money Is raised to make
good this stolen money. II was. after all, the tax.
payers and those to be such In the future, and at
By this roguery It was not the Cooperation aatho-
came the duty Of the State, representing the poo
plemthe taxpayers-to take the part Of protector.
New York to show that there was
no such thing as county government as in other
tax-levying commission, appointed for that pur-
pose only and It has been conceded that they could
not be sued boards Of supervisors In other
ties suable. Therefore we find no suits brought
against them. They had no treasury. But during
the existence Of this Board, for the purpose OF
carrying out the schemes OF
THE RING OF PLUNDERERS,
its powers and duties were enlarged, and William
this Board for 1858 made book OF 400 pages, and
there was very large number printed more than
was ever wanted; but IL made q very nice J0D Tor
their printer. "But,n he said, during this-whath he
would call middle age-the Board OF Supervisors
1870 tbs Board has been put back to what 1t orig-
nay was and still II has functions which entitc 1t
to being q representative body.n He de-
MED that the Board OF Supervisors OF New York
had now or ever had vested In It powers or duties
such are vested In other boards Of supervisors.
lie referred to this to show that at the time Of this
robbery there was no local governing body In the
city and county OF New York. The counsel then
proceeded at some length to point out the relation
OF municipal corporations with the State, to show
that such Corporations possessed no property what
mere civil divisions OF the State, and go
to make up the State, which Is q superior
organization. The counsel In reply to the claim
that two suits have been brought by different par
ties for the purpose In this case said that was
nothing. New cases OF this sort were numerous
and the fact was never In one case pleaded In the
bar OF the other CASE For instance, his agent
could bring suit to redress wrong or injury, and
he could do the same at the same time.