The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-17

4
Tut that also remains for investigation Let
our astronomers and spectroscopists make
the most of this new visitor from the
distant fields Of the stellar world and, if
possible, remove the reproach which the
ignorance of the constitution Of cometary
bodies has so long entailed on the science Of
astronomy.
The Decision OF tho Court OF Ap-
peas In the Ring Suits.
The able opinion Of the Court of Appeals
in the suits brought in the name OF the people
of the State of New York against James a.
Ingersoll and others for the recovery of GER
tain moneys alleged to have been obtained
by the respondent and the other persons
named in the complaint, his associates and
confederates, by false and fraudulent means
and Devices" will be found in full in the
HERALD to-day. The broad ground of the
decision is that the title to and ownership of
the money sought to be recovered must deter
mine the right Of action, and as the title and
ownership are in the county of New York and
not in the people Of the State the action
should have been brought by the former and
cannot be maintained by the latter. Judge
Allen reviews the history of the pleadings and
decisions Of inferior courts in these suits, and
takes occasion to comment on the confusion
and reproach likely to be occasioned by con-
ficting decisions by different judges result
ing in final judgment in the same
action. In the case Of Tweed, one of the
defendants, the question of the status of the
plaintiffs and their right to maintain the
action was presented by the demurrer of the
defendant and the demurrer was overruled at
Special Term, affirmed at General Term thus
upholding the right OF the people of the State
to sue. No appeal was taken from this decis-
ion by Tweed's counsel. but the defendant
answered over, and the action, SO far as he is
fact joined thereon. In the case of Ingersoll,
another of the defendants, and the present
respondent certain allegations and state
ments making about one-third of the COM
plant, were stricken out by the lower court
as irrelevant and redundant so far as that
defendant is concerned The matter of which
the complaint was thus expurgated still stands
as against the other defendants, and Judge
Aliens opinion does mot touch the point
whether that fact would so essentially change
the case, so far as the others are
concerned, as 10 take it out of
the range of the present decision.
Neither does the appeal in the case now de-
cided involve the right of the State to main
tain an action for malfeasance in Office against
defendants who may have been in official
positions and faithless to their trusts. But
the elaborate argument running through the
opinion, and ably maintaining, on grounds of
public policy, as we'll as by careful analysis
Of the law, the fundamental principle that
where the remedy lies with and can be en-
forced by the county the State has no right
Of action and the Attorney General no au-
thority to intervene on behalf of the people
of the State, is conclusive as to the fate of oil
the suits of similar character.
The decision reaches beyond the present
suits apd strikes a blow at that system of
Capitalization which has found so much favor
of late years with certain class of politicians.
1t is, in fact vindication Of the rights and
of the independence of counties and
municipalities. If the Attorney General,
in the name of the people Of the
State, could maintain ON action
for the recovery Of money due to the county
of New York, and hold the same in the State
Treasury. where alone it could go, why could
he not claim like control over the money al
ready in the hands of the county, The his
tory Of the ''reform" movement, out of which
these suits grew, is of itself sufficient to show
how dangerous a precedent would have been
established had the right to maintain them in
the name of the people Of the State been up
held. Certain officers of the city government
belonging to the democratic party, or rather
to successful branch of the democratic party,
were found to have been faithless to their
public trusts. Their political opponents
seized the opportunity to raise an outcry
against every democratic city and county
official, and to brand them all, with
out distinction, as thieves. The Mayor
was q democrat, the Aldermen and
Supervisors were democrats, the Cor
poration Counsel and the District Attorney
were democrats. The State officials, on the
other hand, were republicans, and the repub-
lican politicians, who sought to obtain power
on the reform agitation, were resolved
that no democrat should have credit for
bringing the offenders to justice, but that all
the glory should be gathered by republicans.
Hence the suits for the recovery of the money
fraudulently taken from the county must be
commenced by the republican Attorney
General in the name of the people of the
city and county officials not involved in the
frauds might be to secure restitution for the
people Of the county. They were democrats,
and it must be made to appear that they