New-York tribune., 1874-06-10
THE RING CIVIL SUITS.

THE JUDGMENT IN THE CASE OY JAMES II. rSGEh-
SOIL AYYIRMED-A BRIEF HISTORY or THE CAsa
-ruE CONTINUANCE or THE SUIT TO BIZ IN THB
NAMx or THE CRY or SEw-YORK-A DIssESr
mo OPINION SIGNED ny TWO JUDGEs.
ALBANY, June 9.--Am0ng the decsiOns
handed down In the Court Of Appeals to-day was one
affirming Judgment with costs. In tho csse OF the
peope the State of New York. sppellans agt JameS
H. Ingersoll. implsaded with william NJ Tweed. Elben
A. Woodward and Andrew ]. Garvey, respondent Tbs
appeal presented the question. what public corporate
entity should be tho plaintiff In action 70 recover
money frsudulenty obtained by OF undue and
unadvsed exercise Of public authority which wroushs
no immediate any individual judicslIy recog-
nisable entity involved any possibility of futura
injury except such persons as might. at fufure
period indicated by law, belong TO class OF local tax
payers. Tho following Ia brief history OF tho case
In 1871 by existing laws then recently enacted, tha
Mayor HsD, the Controller Connolly, the Commis-
sioner Of Public works Tweed) and the PRESIDENT OF
the Public Parks Commission Sweeney, were virtually
the local administrators of government In the City OF
New.York At this time, the Ring" frauds being IN
fu progress discovery thereof made. and public
indignation greatly excited by the disclosures In oc-
tober 1871 the then Governor and Attorney yGenerat
directed counsel residing the City OF New-York 70 Ad
latter suits and proceedings ~ might DO
deemed sdviaabe No sooner had this official act been
promulgated than the local orhcers began nominal
prosecutions sgainst themselves In tue names OF the
local bodies which they controlled The counsel 70 tho
city corporation, who wssl also Iaw adviser 70 tue
County Board of Supervisors. BY direction OF Mayor
Hall action the part OF the state began
several separate actions for the causes n tho
maine OF the City Corporation. and them also In the
name Of tho County Board of Supervisors against ha'
The action on which the appeal is now decided was
%lssa In In 6eesSer fSoWns 10 Judge At
Special Term in Albany denied motion to discharge
Tweed from In February, lo72 General Term
affirmed this order Tweed tbfn demured ana AT tbo
Special Term, held in June isf1 BY Judge ge6oom
General Ter held in July is2 by order OF tas EnssI
tive the order oveprulng the demnrres W W. ,ss orer
Parker j., dissented Not venturing to stand on si
demurrer Tweed answered thus wakus t"0 any
local corporation or body a co-defendant. Inere
ss
spices After Tweeds appeal from the or1sr T
he sppeared His frss step successful motion be-
fore Judge Iogas a. special Term 70 strike ous a.
and oolusion the part OF the local authorities Tgis
ws ~ November ls7a ON Tweeds WOson 1adgo .ss s
soil demurred. One Of ths causes assigned was an a.
gsd q to7 sS4 81 nf Tn, @e
murrer was heard at the New-York Special Term. De-
Judge Hardin when the Ssmasler % was s9Ssd Ned
S, Is73 Judge Hardin's order was affirmed and final
Judgment entered In favor OF Ingerso with costs Inc
ststs appealed TO the Court Of Appeals May I6 ls1a
After the hearing and delberatioD, this Court IN NO
vember. 1873, ordered reargument on tne tono"'oR
o~a: money Of the eoaniy can The Bos q
'ne
! behalf Of nd for beneft Of The counsyf
| A rearxum heard these points In February
| lest The prev aing opinion which was handed down
to-day is by Judge Allen; and Judgee Groyer
Folger Andrews. and johnson concur Judge kapello
I writes dissenting opinion, In which CnieiJustico
Church concurs.
The decision that the States, as such, not con-
cerned In alleged grievances, and, Therefore, not
being entitled any Judicial remedy the action ought
TO have been brought the name of the county Inc
af Tire laaf
ferrng all the property OF the county to the CITY so tnas
In the continuance the suit the City OF New YORK
will have to for the State OF York"
| OPINIONS or WHEELER II. PECKHAM, CHARLES
| ooONoR, AND OTHERS.
! Wheeler II. Peckham said yesterday that the county
suits would tried soon as possible, but II was
| little doubtful If all parties could get ready In
| ume for trial before the Summer vacation Charles
| O'Conor did not know what the full eneos
decision would be- he had not seen the 0pnioo
Tweeds Imprisonment could not be affected Dy II. as
the result of the criminal trial and not OF tue cv
suit Tne demurrer. however, applied equally IN tho
OWL suits OF Connolly Tweed, aud Others.