The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-18

holders In their own names. But the grounds upon
which stockholders are allowed to prosecute IN
the case supposed Is totally different rom that
upon which the state claims TO intervene in the
present case. stockholders have no interest to
interest in the property OF the corporation, and
u is necessary before they can be heard to show
whom the law has appointed to protect them. But
the interest or the State IN the questions now at
issue Is OF totally different description 1t Is not
Tor the protection OF proprietary or pecuniary
interest OF its own in the subj ct matter that IL
claims the right 70 intervene, but for the protec-
full act OF its own appointees and their con-
federates. who have. under color OF authority
priated to their own use large sum OF money
which must be repaid by the taxpayers OF the
% tine ns Re n
state In such controversy and that OF q stock
holder IN private corporation. To the state pri-
tine duty Of redressing just such wrongs; and I'M
less 1t has In this instance delegated to some or its
right, to perform this duty, Ii has not stripped
itself OF own powers or rendered an application
nre n narr t its 1 of
the action OF the Judiciary.
CHIEF POINTS OF THE DEFENCE.
1t Is claimed on the part oil the defendants, ana
this Is the plea upon which they nave expended the
most OF their force, that 1t would be placing too
much power In the hands OF the Attorney General
to allow him, without express statute, to nstl-
tute proceedings against public of1icers charging
them with anases q pubic ss ur Is y ssa
general power OF attorney from one individual
to another to prosecute and defend all actions in
which the principal actually or in the Judgment
OF the attorney had an interest was impotic and
void, az giving TO the attorney too mach power yet
given to Its Attorney General and requires him to
execute. 1t must be borne in mind that the only
power OF the attorney Is 70 bring the matters IN
dispute before the courts in proper form Tor their
adjudication. The attorney has no power TO de-
eide them, whether he be an attorney for an indl-
vdual or for the state. His province is simply to
lay the question in dispute before the court. True
policy would seem TO dictate ioerality IN
tiiated The responsibility Of deciding them
does not rest with either party, but
with the tribunals OF Justice before whom
my humble Judgment better subserved by throw
ing open than by closing approaches to these tri-
description disclosed in this action. The only sub
stantial ground upon which the defendant In such
e suit " hs en Would VI be
recovery by him and satisfaction thereof would
not be bar to subsequent action for the same
cause BY the local authority.
II this could be made out it would be perfect
answer to the action. But 1t cannot. When the
suit Is brought by the Attorney General in mat
ter within his authority no other involving the
same questions can be instituted. And when
Judgment Is pronounced In such suit. as the At
torney General represents the pubic, all persons
are bound BY the decision. judgment for or
against the defendants in the present action would,
consequently be perfect protection to them
against any subsequent or other action against
them for the same acts.
nave not referred IN detail TO Cne autnOr1tleS
upon which have relied in confirmation Of these
views. They have been deliberately cited and dis
cussed on the briefs and IN the arguments Of the
eminent counsel on both sides who have argued
before the Court ana references to them will be
made by the reporter. 1t Is sufficient to say that
have carefully examined them ana discussed them
with my fellow JUDGES, and that but for the pro-
lixity which would be occasioned by an extended
review of them and demonstration Of their ap-
plicabty to the present case ! would cheerfully
devote myself TO that labor. think 1t more use.
ful TO state the results In my 0pin ion the judg-
ment should be reversed and Judgment hould be
rendered for the plaintiffs on the demurr er and
leave to answer should be granted.