The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-07-18

o gainst the city and county Of New York and had
petrators. He would 60 as far as the next man to
DANISH THE OFFENDERS;
and II his own client was one he would hand him
over to the courts for punishment He denied the
cStion to aTragn these defendants as the guilty
prosecution deny the rights Of the taxpayers to sue
In their own behalf, and assert that the only
was S asye
no ground for action to recover for bonds issued,
that tho faith Of the people has been pledged for
the right Of action to recover. To-day we hear
nothing about the extinction OF Nsw York. but that
fund, and as they cannot maintain an action to to
recover, the Attorney General, the representa-.
tive OF the people, must restore the fund
is no escape for us; but II we can show by simple
statute that the county of New York possesses
theory Of the VII" The dr st Volume Of
r. and s., page &C. declares the several counties of
the Of @ the a statute ,ee ann4
acter they are to maintain as corporate
bodies, capable OF suing and being sued, Of
held that the Board of Supervisors was no more
the corporation OF New York than was the presi-
Page Of the aSte sUr
that whenever any trouble arises between the
county and any individual or individuals,
he would ask. did this nand belong
money raised by the Board Of Supervisors was not
county property Should this money be recovered
by the State it win so into the stats fund for the
United to recover as 1t has the statutory right to
do II win go into the County Treasury where II
was created by Legislative statute It is held that the
members thereof are State officers With the same
propriety II can be asserted that because the d.
rectOrs OF the Hudson River Railroad are created
by statute that they also arc State Officers and
that the State can maintain an action against O
appropriated. He denied any such right by the
State or its representative, the Attorney General
As to the 2, tight of the Attorney General
he would say that the counsel on the other side
have gone one step too far when they attempt to
York analogous. The Sovereign is the fountain Of
power in England but the people is the fountain
sents the people, but where is the authority for the
Attorney General to act in this case9
THE PEOPLE OF THE STATE
alone. Give him this power and you place him In
position by which he will control the State and
the State or the President OF the United states.
Why does the Governor pervert his Office and con-
vene the court ana carry business out OF IFS ordl-
it is to forestail action to prevent the
cases asses going to speedy trial; rms rms
G Pq an n
all immense influence over the political workings
OF the State; but when the legal objects arc con
sadly perverted. We have struggled to bring the
case to trial that the question might be decided, but
thus far have failed. We now hope that the careful
deliberations OF your honors will be calm and your
Judgment decisive.
Recess till four p. NJ.
Afternoon Session.
At the afternoon session Mr.. Hale presented to
the Court brief, forwarded by Mr. O'GOrman, Cor
poration Counsel, and 1t was acquiesced in by Mr..
Curtis and Mr.. Porter, his associates.
Mr. Beach then continued his argument. He
detailed the case of Thomas G. Fields. He denied
the allegation that Fields received the moneys
through fraud. He acted under, and
by virtue or an act of the Legis-
lature. He was tho attorney Of the 1remcn,
and for his services he received The money. Coun-
sci therefore claimed there was OF action.
Mr.. Beach proceeded at length, repeating mainly
the arguments made in the case before.
Mr. w. II. PeCkham oil counsel for the people, fol-
lowed cOntrovertng the argument of Mr.. Beach,
when the Court adjourned until tomorrow morn
ing.