New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-11-19

OF
tunatey the administration OF justice 1t turns out In
practice that the permitted 10 operate differently
is not because the law ~ MOI t IN s b nun
arr falble OF weak, and come perhaps worse than
weak. ,,,
It arises from the nature Of our institutions that all pub
lie officers are the Of the people The the
org Government Is that the people select from te
great body OF themselves, Of their fellow citizens per
sons 10 Ill offices, who are clothed temporarily with
powers and duties TO be administered to the well peng
Of the whole community. II impossible, OF course or
the people TO gather together in body TO act
for themselves in these duties. 1t must be ID
trp sted to the agents and servants or the people
No office is constituted for benefit of the official HIM
self but for one common end the good OF the pnpmc,
and IL the duty OF officers TO see TO II that AT all times
they keep in view grand end Of their creation anu
existence the execution OF the Dement'S Designed or o
people. Now, gentlemen nothing can pe more ihpV eh
in my udgnent than that the pubic through an ns
enforced II at any time in the future II should pc
come the paramount IDEA OF oncas ne Sarde
OF the interests Of the people, and upon that loea
should grow up another sun worse, tnat omeels WIZ
have violated their trusts for plunderng instead OF
protecting the public Interests and that the means thus
uawfuly gained can purchase immunity ron punish
desire briefly to bring Your minds 10 tne
ment very Simple case The charge OF various mis-
demeanors strip the charge OF ne sasa coiorins and
place on trial some Indifferent person who has not exer
cised power, who has not got wealtn ana the ease
excting little or no public interests and yet that case
should disposed OF precisely as TINS shouid-upon s
desire in what have to say TO bring your minds as
directly as possible the exact propositions involved
and upon which you are to pass
OUTLINE OF CASE.
In 1870 the Legislature OF this state M TO provide
mode for auditing certain existing county liabilities
They created that purpose what has been called here
Board or Commission, and although no name is given
TO the Commission Board by the statute ITSELF for the
purpose Of this charge will adopt the name by which
counsel have spoken Of II, and call 1t Board OF Audit
The Legislature declared that all county liabilities IN
Cured previous to the passage OF the act and the ACT
Mayor Controller and present President of the Board
OF Supervisors and the amounts found correct should be
provided for by the issue Of revenue bonds Of the
County payable during the year 1871 and the Board OF
Supervisors should include IN the tax levy SUN SUI
Such claims should be paid by the Controller upon Ie
certificates OF the officers named therein NOW yon VII
observe that that small section contained within ITSELF
it turned out very large pS~e detndaD e one
should audit all liabilities existing April 26 1870 10
clothed them without any specification Oh he mode or
cned with final power far as relates TO the auditing
of these accounts Yeu observe that the language is
The law on the subject Is extremely simple and en-
trely CONSISTENT think with common sense. Ii re-
qures no greater legal abilities to consrue 1t than the
ordinary intelligence of To audit accounts, to
their justice their correctness whether they
mains due on them II any and when body OF officers
are clothed with the power to audit accounts II simply
yided by law that they shall the accounts and de-
termine whether they are actually existing Liabilities
how much is due upon them. and whether they have
been wholly part paid. 1t Is no more or less than
the same duty which every citizen performs IN
respect the claims made against hlm-the act OF ue
| termining whether he owes the debt ana, II 80.
whether he contracted 1t or his servant contracted
II for him. and much he shall pay TO discharge the
liabilities. The duties of Board of Audit cannot be
discharged by the members OF the Board , ny
| power. The claims are not against the Board, put
Whole body of Taxpayers as you called and hence
IL becomes the duty Of these ocers clOthed WIN tnat
ecnc The citizens OF the county from unjust claims
and seeing 10 1t that none be allowed anu pald under
the law except those that have actual existence They
become an official duty OF trust. The law did not give
them power to as individuals but as body, an
official body they were TO receive such claims as were
made before them IN a collective capacity, and consider
them while together for the purpose OF applying TO the
determination Of the questions involved; they were TO
hrng those questions their joint determination The
law requires them meet together az body of officers
or board or commission-tbelr concurrent capaclty
10 determine the facts they sitting upon The law
does not give therefore power to them as INDIVIDUALS 70
minds acting together as body ana not the separate
have the idea of what mean TO convey you, need
| say no to you about that They have to
ton 10 accounts in the same form body TO take up
| the liabilities against the Government as present
ed 10 them quarter and apply 10 those iabi
tes in the discharge their duties auditors their
conferred capacity in order TO see TO II mat something
other officers persons the power. winch the statute
20 book up the claims they might direct person
do the clerical work. 10 provide summon or In some
might do But when they question OF deter
mining facts the statute gave them no power OF deega
ton claim could not be satisfactorily established If
tine Board Commission were not to conform to the
Under this Indictment IL is charged in the first three
commits in the first OF that these defendants
neglected TO perform the duties imposed upon them
auditors That is 10 say, they did not discharge the
duty of auditing these accounts The prosecution claims
that they have shown they had meeting but and
Guires they left whole subject certain officers
tue Controllers Office, and without examining the
counts simply subscribed certificates when were sent
around Office 10 another for the purpose OF get
ting the signatures OF the members Of the Board II
thai be gentlemen; II you satisfied from the evil
dence that, instead OF meeting, instead OF
converting for the purpose OF passing these accounts
for hearing evidence might be presented TO
them they intrused this matter To other officers who
ever they may have been and 1nen wth2 out passing
certificates upon the basis OF the action OF others, N
Won are satisfied that this is true youriduty is TO pro
prisoner guilty because IN that case he Will
| have failed to discharge his duty.
IL is necessary that should charge you as 10 what the
statute-the revised statute-requifes am not about
70 give you any new law on that subject shall sim
/ subject for many years. The statute SAYS that II
officer clothed with power 10 do particular thing,
doing something else which ia not In conformity with
the duties thus imposed upon him, II constitutes will
ful egigence. Now these parties knowing of the
Istence of these accounts and knowing they
have Known that IL their duty 10 decide upon their
validity collectively signed these certificates upon their
being them Individually, knowing that they had
passed upon them concurrenty then they guilty
! Here was meeting at the Controllers Office. The
period time the close OF these auts is from
The 9th Nav the LIST of September During that
period there are &C. think different oates upon which
accounts audited So far as the papers before
us disclose upon these 90 cases OF audit where Is
the evidence II ~ for you to Inquire into this case Is
there any evidence that these gentlemen have met
am at Oss TO call your attention any evidence in the
that they passed upon these things ana If there is
OF Kind OF course IL Is your duty TO
/ apply IL for the benefit OF the defendant.
Now, LOOKING tins whole case you sec from
the evidence before you that these gentlemen instead
OF meeting after their first action nrdsted the whole
matter 20 somebody else and when the certificate
sent around from Office to Office each one signed IT, then
guilty OF these counts Of the indictment, but you
find they convened and upon some evidence laid before
them OF their correctness then IL is for you TO say
whether they performed the particular duty that