The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-06-06
ALBANY, N. Y, June s. 1877


to Have Been Stolen.
ALBANY, N. Y, June s. 1877
The Court opened at eleven A. NJ, and Mr..
OConOr said he would not pursue his argument
commenced yesterday, but would leave 1t to his
associate (dr. Peckham). He would, instead, submit
to the Court his brief concerning what he styled
the middle age of roguery in New York. as carried
on through the Board Of Supervisors. At this point
conversation sprung up between the counsel pres
ent-Messrs. OConor. ]. II. Reynolds, w. H. Peck
mainland Judge Hogeboom as to the propriety OF ex-
pedting the case through a pro Eorna decision.
which would give an opportunity to carry the
case up and to the Court OF Appeals. Mr. Reynolds
said he had no objection to such a course, and he
knew the other counsel had not, provided judg-
ment was not rendered against them On the other
hand Mr.. O'Conor said he had none, provided judg-
ment was not rendered against his side
The Judge said 1t had occurred to him that it
would be best to decide against the demurrer, as he
satisfied that the would be carried up, let
was to decide as he had suggested. lie asked Mr..
OConor If he could not consent to that.
Mr.. O'Conor replied that he could not his clients
would not understand his consent. He was hero
representing not only technically the people OF the
State, but also public voice OF considerable re-
speetability and consequence
NO SUCH THING AS AN UNDERSTANDING.
Judge Hogeboom said to Mr.. Reynolds that he
understanding could not be reached as to agreeing
to a decision sustaining the demurrer.
Mr.. 0Conor said, ION no. we could never reach
an understanding"
w. II. Peckham then proceeded to explain the
purposes and meaning of the various acts referred
to by ID. ID. Field in his argument showing the
separate and distinct organizations of the city and
county. He showed that so far as the contract OF
the funds and finances of the city and county were
concerned 1T was in the hands of the officials who
acted a. trustees, the same as do the corporate a
thorities in England. The city had no interest In
these moneys whatever The Comptroller could
call for only such an amount of money as he found
due on adjusting the account; there his power and
by the Legislature, and not by any local author
ity. Counsel cited many authorities and decisions
to show that suits of this nature are brought by the
Attorney General In England and agreed to show
that our corporate authorities stand IN the same
relation do those in that country. He claimed
wrong of this kind has been done and the corpora
ton will not interfere then the taxpayer can SO It
not sue then the cam SO we If the
corporation does not act the taxpayer can; and
who represents the taxpayer but the Attorney Gen
eral And we have made the corporation party,
so that this action can be properly brought.
PLEADING FOR 'sToMn FIELDS.
J. Fl. Reynolds. then addressed the Court In
further support of the demurrer, saying that he
could not see how in any manner or form an action
can lie against Mr. Fields. He showed that the
mssioners that these claims would amount to
$4,000, and they did eventually amount to this
Is
the payment OF a certain amount and afterward In
creased it to the amount stated by the Fire Commits
sioners. Did Fields, then, increase the amount and
increase 1t fraudulently9
DID NOT THE LEGISLATURE AUTHORIZE THIS
amount, and authorize 1t knowingly, tooY II,
therefore, there was fraud, it was the Legislature
who was guilty of 1t, as they were informed OF the
amount. Through an inquiry by the Court as to
Mr.. Reynolds was drawn into an argument on
that point, in which he maintained the point that
there was no ground whatever for these suits as
hrOu in 10 "A me peODle State
JUDGE HoGEBooM's SUMMING UP
At the conc&nsion of Mr.. Reynolds argument
Judge Hogeboom said he was inclined to dispose Of
these Eases at the present tine owing to the vast
Importance surrounding them ana the large amount
OF money involved in the stupendOus frauds out OF
which they had grown. He could find no color OF
reason for any delay. Somebody was entitled to
what had been said this morning be literally fruitess
and useless for him to undertake a critical exami-
much time and the state of his health such that
he could not well doit. Nevertheless he would do so
il it would avail anything. With reference to the
complaint he thought it showed clearly right Of
action; but as to the proper parties to bring the
action he admitted he had no deliberate or deter
mined opinion at this time. Still he did not think
that was any reason why progress should be de-
layed. There were plausible grounds for maintain
ing these suits in their present form. This money
belonged to some one, but to whom was question.
Whether to the Supervisors or to parties behind
them, the taxpayers or to whom, there was clear
count OF collision the part OF the authorities
as charged, the people OF the State entitled to
Intervene ne thought, aIter Ine argument, there
was at least plausible ground for the suits in their
present form; but, whether there was or not, he
thought it better to
CARRY THE CASES TO A HIGHER TRIBUNAL.
Indeed both parties have declared their deter.
mination to go first to the Supreme Court and then
to the Court OF Appeals. Why, then, he asked,
should they be delayed here Again, this question
has been argued before another branch of this
Court Justice Learned had heard it on q motion
to reduce the bail OF the parties. He ex-
amined this point and expressed an opinion
not decisive one, however-that these
actions were well brought by the people of this
State There is. then, an opinion from coordinate
branch OF this Court sustaining this position. Is 1t
not well enough, them he asked, for another men,
Der of the Court TO follow his brother He did not
think there was the least improperly In this, and,
as it would hasten final decision he felt himself
justified in that respect also. There could be no
decision. II would be better to have decision at
once so as to give opportunity to both sides to pre-
pare for their appeals. Besides, said he, suppose
decided that these actions were not well brought,
Court; and might not then motion he made to
reduce the ball. and thus destroy the security now
held for the recovery OF this money Therefore,
under the influence OF these views, and owing to
doubts in the case, he decided that the demurrer
was not tenabe.
THE DECISION.
This cause coming on to be heard the com.
plant and demurrer and after hearing the counsel
for the plaintiff and defendant it is hereby ordered
that the demurrer be and the same is hereby over
ruled, with costs, and that the plaintiff have judg-
ment as in the complaint demanded. unless within
twenty days the defendants withdraw the de-
murrer and answer the complaints, which the de-
PENDANTS have leave to do on payment OF costs.
MR., eREELEY's MOVEMENTS.
Mr.. Greeley was not at the Aston House ycster.