New-York tribune., 1872-07-18
TAMMANY OFFENDERS.
THE RIGHT OF THE ATT0RNEY-GENE,tAL ~
SIM NEW YORK CITY OFFICIALS.

AtRANy. Julv 17-On the reassemDng OF
,le extraordinary term of the supreme Court ,'s i
ing MI o'Conor resumed his argrmfn'' lie heiu tnS'
false ,ssue which has arisen between themselves
Il ,,o aofendapts Though the Board Of Supervisors
-, ho n cor,orofion IL IS not such q corporation as
ss in the several counties OF the state. All 1.-THE cor
porations Of New-York are now wrapped up IN VIVA.
Il known as the city charter, under the heads VI
deusrtmcnts part of the argument YESTERDAY an"
ono which the other side attempted 10 oontroNer' was
me ou stion relative the property held by the boaru
a. srperysors as corporate body The truth Is they
hold no property which they nroed so as to dispose
,fbv ae or otherwise The counsel on the other slde
cited in their brief 20 prove the validity OF the Board oi
Supervisors as corporate body, the fact th the Court
house was county property; and Mr.. OConor referred
e. the opinion Of Judge Leonard, in 30 Barbour page
si1 where the story Of possession by the county Is
yerv truthfully told-how it was accomplished
through legislative enactment for certain pun
poses-yet he denied the right OF the boaiu
Of Supervisors 10 sell this or Ouy othol
pnbc Institutions II was strange that the Mayor TOOK
no action toward redress Tor the numerous frauds COM
td against the people until proceedings were insti
,e3 bv The Attorney General Counsel referred to an
,,.un Of Judge Bronson for distinction between tne
sup,rvisors and Mayor and Commonalty IN wheh tha'
J.ee holds that neither body had right TO levy 'aN'
ers spccial or general without direct legislative au-
tf-s on He quoted other authorities to sustain TINS
,rou.ent and also cited authorities TO show that the
Ro,rl of Supervisors OF NewsHOrk was not sua0e Tor
debts. 1t sat as judicial tribunal 10 pass
upon claims, and. when allowed, to levy TAX 10
nouiGate these claims. but this exhausted its powers
supposing said Mr.. O'Conor that our theory Is cor
80, thar the tax-paycrs and commonalty Of New-YOrk
cannot sue the county 70 recover 70 whom does the ght
lopcl Why TO the State, through its representative
tie Attorney General Indictments for crimes ana MS
dcmeanors constitute large class OF illustrations;
hit 10 restrain ami prevent public measures auoid
ano.r: actions against public officers and public cor
UHt.rtz fUv
auntI rr Instances might lie addueed al HJtHttuM.
@ ~ - pan , be in the state it is contended that the
rlscougy adopted by the provisions OF ls5O IN eooy
m- thc common law as 10 the duties oI Tue AIIOr.S!
General has so restricted the powers of that officer ta
ne cannot prosecute for such grievances as we inentou
~ thp complaint very able answer 70 the ds euat I
am ioth grounds may he iound in the opinion OF Ju1se
Ducr IN DAVIS agt. the Mayor &C. IN Second Duel ne he
ports, Geo. which very clearly uehles the pomtSto e 80
autes OF Attorney General under the prollson 1i
the which makes 1t the duty oi Ist "ne1 W i 10
prosecute and defend an acIohs III tne ~ ~ otbor
lie rcope o. the state shall be interested; III otner
words In all such actions he is made necessary party.
Admitting that the Mayor ana So,Un3 t a. 3G ia tbeir
proper parties 20 sue, hold that they laed ~ unel
cutv aud arc found in cousioA with these s~ihueIS
and the State has right 10 Interfere ana a'tenpt 70 E
the money back and have 1t applied to the purposes or
Mr. oConor claimed that the State had the same juris-
dc,on interfere IN this case that IT ad II ne agent
10 use Broadway for public purposes ms question is
asked; II the state gets TINS money what VIII 90 MN @
he asked what would the Board OF Supervisors 40
wh IT, In case they recovered H. dney ma hu s,te ao To re-
covered It, IL would 60 into the treasury as money un
Appropriated 1t could not he PAD back TO tIe IocT tax
iLcic 70 remain until the Legislature by enactment
should devise how and by what means ~ sAouiu DC US
posed ui, IN manner approximate Wlth Jusucc. ne
ts!d would submit the case here claiming tHAI ne
mo y sIipuiation with the defendants, and he hoped
tn,, tac Court would render decision on The question
without delay, and let the people OF thS great
State know who are The defendants IN Ine case
ARGUMENT OF g. J. TILDEN
Nj O'Couor was followed by Samuel J. nlden. Re
tcIIuc 10 tie IN which he had been introduced
10 the case he inquired: "Who will prosecute state Off
corsi Is the Board of Supervisors Where they
TO get sucn authority Where derive such commission
who TIE party iniured 1t is the people and
Therefore upOn the representative OF the people, tle
General deyOvcs the duty to prosecute" He
rtrd Om several authorities ON the equity Of luylsIru-
Cctc, answer 10 The argument on the bIlct OF Mr.
QUITS tie principal object Of which was TO establish the
Cu'.ys a. tie Attorney General
4. Field interrupted Mr.. Tlden during MS citations
ne inquiry whether the which hc cited was an
acIOu Of Jaw 10 recover money forthe crown or whether
ID vas case OF equity AID whether TINS case was one
MI O'Couor alsw, red that this was one for the
eovcry Of money, which In England would lie case OF
Mn Tlden continued by saying il all cases Of equity
there decree to pay back the money, aud lntIuaed
that TIE counsel Oh the other side exhibited bad taste
by attempting this late day 10 endaIger the case OF
attendants ~ making the Interrogation whether the
ease was me Of Jaw or equity.
Mr. Fled asked Mr. liiden if he could cite suit
Where the Crown ever recovered lack money from
Nj den rced that 1t is in Just such cases thai the
Attorney eneal steps IN ana acts ioT the people. the
n
piLLc benefit, and Should not have been mlspped by
El.t Or OtncrWlse 10y the custOdans OF those funds
On concluding ms citations he said they embraced all
that Dee hdo To SAY ON tue question: which was That al
ruhc trusts we're sutJect 10 suit i0r recovery by the
Au0TUcy-G eu,I.L
MI i,.,. made request to take NJ tn Fields case
a. IC CiU.c e. M- I.C,us argument, 10 enable hin TO
l4ot,tC &c sIiu-a, where lie has AN engagement in the
iaai , io-iuoIroo and the Court by consent u the
.Ouls' , -.,E.od the request.
MR.. BEAcn's ARGUMENT.
When NJ. TilGcn Concluded, Nj Beaoh TOOK the foor
Ia q ed offgu nd
iuv that, Lis opinion, it Lad lost its interest. AS
L.- c.,t, Nj. Fields, concerned lac will.
M 70 leave II with the court on the he had already
expressed, which lie said remained unanswered.
Whatever new views were. presented at the
t4tscht argument lie would, Without fear OF
JcHuuc.atiuu by the opposing counsel, discuss
tie question al issue. and attempt 10 answer
ucm. II. dad not deny that enormous frauds had becn
committed against tAc City and County of New-YOTk,
ana had 40 word oil DatOn to offer in defense Of the
p ru,ors lie WoJd gOas iar as the next man 10 Danish
sac "a LoCTs, Gud u As Owu client one he would
baud hlm over tu thc courts for punishment. He dcIcd
tle Igh TIE gcueluen who appeared Tor the prose
80 irupu tLesc defendants as the guilty ones
aLu lo.d jLcin up 10 public ridcue. The prosecution
;hc neut, "a the taxpayers TO sue i'll tcir ie
bi, ana assert that The only proper person to sue
he Auoney -Ge"cIal OF the state mat DondholdeIs
LaYt 90 -I0uLd LOT dctOn 10 recover ior bOds issued
tDai te aiih Of e people has been pledged for the re-
IL e1rle po~ses the right Of action TO recover To-
uy Wc near nothing about tAe extinction OF NcwYorE,
TAI Tat the taxpayers Of New-YOrk the owners OF
ii luut, aud a. mey cannot maintain an action to re-
cover. tc Attorney General the representative OF the
eopI,, stOic the fund To its proper II
iLIs ih,oy Is true there Is no escape ior us but u we
u show uy simple ttdtue that the County Of Ncw-1Ork
ocsfs the rcht 10 sue and recover, what becomes of
Lilo 'oiJ 81 the 9OSecntion The statute defines the
power e. ,he couAict, and the character they to
Ia.u,a as corporate bodies, capable Of suing and being
,Hcd, OF mol ing and transmitting property. He there
'uIc lcd la the Board Of Supervisors the
Corporation Oi NeN-fOIk than was the president OF
ILk even It's directors, the bank corporation itself
The SAINT stdtate says that whenever any trouble
"liNs bet cen the county and any individual or midi
s.us, county the right to aud recover the
,"me a- udlydgals To whom, he would ask. did this