The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-11

the agncultuxlse
ing mr. Rsssra OMcials.
There can be no reason Why the East River
should destroy or In any manner afisct the
impartial and uniform character Of justice.
What il crime ON the east side Of that river
must be crime on the west side. and what Is
law in Brooklyn must be law in New York.
Taking this for granted. the charge Of Judge
Daniels ON the trial Of the Commissioners Of
Charities for Kings county and the verdict
which followed that charge must be OF painful
interest to certain Of our own reform"
municipal departments. The charges against
the indicted Brooklyn commissioners were
that they had paid excessive prices for various
under circumstances which furnished indica-
tons Of fraud Judge Daniels instructed the
jury that public officers are bound to discharge
their duties in such . manner as to benefit
the public and not to benefit themselves or
their friends. and to make themselves familiar
with the laws under which they act. "Now,
for the purpose Of carrying out the spirit and
intent of the law" said the Judge, '.it was
the duty of these officers to advertise and
to afford dealers in articles like those required
In their departments an opportunity of bid
ding for the contracts. You will see at once
that what was designed to be accomplished by
that was to secure to the public the acquisi-
ton of articles of this character at the cheap
est possible rates that the market would af-
ford" The simple question for their consid-
Grafton, the Jury were told, was whether the
accused intended to violate this law. or wilfully
refused or neglected to do that which the
Law required them to do 'sDid the commits
sioners wilfully neglect to advertise 2" asked
Judge Daniels. "If they did, then they have
violated the provisions Of the law, and they
are guilty, and, no matter whether their guilt
may be serious or trifing to the public in
terest it is your duty to hold them to account
ability, because the law is that the public
officers should not wilfully neglect to perform
the duties required Of them, and they have no
ground for the excuse that the result did not
inAict serious injury on the public" On this
charge the jury found three of the prisoners
guilty of criminal malfeasanoe in Office and
acquitted the fourth, who was found to have
opposed the action of the Board and to have
been overruled by his associates. Fine and
imprisonment in the Penitentiary is the
punishment for the offence Of which the COM
missioners stand convicted.
This is justice on the other side Of the East
River. Let us see how it will apply to
certain transactions ON this side. New
York has Commissioners of Charities and
Correction The purchase Of dry goods by
one of them, Mr.. Stern, has recently been the
subject of investigation by q grand jury.
The story as told by the witnesses is con-
else and direct. MI. James Bowen, one of the
three commissioners, informs US how the
corrupting system of individual purchases
was planned and carried out. In the early
stage of the s'reform" Commission Mr.. Bowen
found the dry goods acquisitions marked as
referred to Mr.. Stern" and soon discovered
that Mr.. Stern was purchasing these goods
himself, or causing them to be purchased by
Mr.. Louis Sternbach, brother of Commits
sioner Stern's son-in-law. Mr.. Bowen pro-
tested against these purchases as a violation
Of the rules of the department; but was over
ruled by his two associates, Stern and Lain
beer Thereupon he made inquiry into the
value of the goods supplied by Mr.. Sternbach,
and found that the city was grossly over
charged The purchases had commenced in
June or July Of last yesr-before the IRE
form" commissioner was warm in his seat
and continued until January last, when Mr..
Bowen refused to certify any more such bills; SO
Mr.. Stern agreed to turn the purchasing over
to the purchasing agent. But significantly
enough, at the same time the old purchasing
by the votes Of Commissioners Stern and
Laimbeer, and against the protest of Mr..
Bowen. So, when the purchasing of dry
goods was given up by Mr.. Stern on compul-
sion, it was transferred to the hands of his
own appointee.
MIR. James B. Shaw's testimony carries the
job beyond the Department Of Charities and
Correction into the Comptroller's Office. He
examined Sternbach's first accounts; found
the goods supplied to be inferior to the
samples, and the charges to be exorbitant He
reported the facts to the Finance Department
and the bills were laid over. Soon afterwards
Mr.. Shaw was transferred from the Auditing
Bureau in the Comptroller's Office to the Office
of the Receiver Of Taxes, and then the bills
of Mr.. Sternbach were paid by Mr.. Green.
A member Of the firm Of whom Mr. Sterns
relative purchased the goods which he after
wards transferred to the city proved that the
price paid by Mr.. Sternbach was from thirty
to FORTY r)er cent lesss than the CITY was made
TO pay. The city charter expressly prohibits
the purchase of supplies by any department
in amounts exceeding one thousand dollars
without the invitation of bids, and these dry
goods were bought in bills Of three thousand
dollars and upwards, which were afterwards