New-York tribune., 1874-06-13
THE COURTS.

BROOKLYN COMMISSIONERS SENTEhCED.
A FINE OF 500 IMPOSED UPON EAcH-A QUESTION
WHETHER NEW OFFICERS CAN BE CHOSEN IN
THEIR PLACE. -,
An interesting legal argument was hsiu
before Judge Daniels in the Extraordinary Cour. o'
Oyer and Termner, Brooklyn. yesterday on tne "oeo
for an arrest of judgment in the case oftne con'is
Commissioners OF Charities. Distrct-AttorneS "so",
In opposition TO the motion. took up the case VI -
People agt. Mongeon. recently decided py 'he No".
Appeals, which determines the Interpretation 10 pe
gven IN the law of 1903 under which Commissioners
were con nycted The opinion Of the Court. emoracnS
is dieta wns read Mr. winslow stated that under .ne
view taken by the Court OF Appeals, the ACT u '
abridgng the powers OF the Commissioners vi I'm"
ties should be construed merely as amending 'ne az"
1871 and not the revised statutes which nnict 'no
atty for the misdemeanor. Mr. Tracy, counsel ioi
accused objected to this view of the decision pu.
Daniels held IL 10 be correct Mr. Tracy then asked for
postponement OF the until he could examine VIC
points raised by the Distrct-Atorney The Court oo
jected to a postponement Of the case anu h'' i.,
moved for arrest OF judgment on tne grou" 49,
neither crime nor conspiracy is charged In the ihdc'
ment and that the Indictment does not s'''o ~
the several acts committed 10 enec' s"o
object of the conspiracy; that the indictmen'
does not aver that the articles TOT Nnon
they omitted TO advertise were not persnao'o,
that the act does not impose upon the Commissioners
the duty of advertising for articles that were oAp
by the regulations OF the then Superlntenden'S ~
Poor, and that there is no averment in the lnulc'n
these were not thus excepted DistricAttorney WIN
slow replied TO Mr. Tracy's argument anu 'uuso
Daniels oyerrued the objections Of the counsel ior 'no
accused as he thought that they had been fuly con-
sidered during the trial. Mr.. Tracy then asked tno
Court TO take writ Of certiorar to the Genera Ter
and suspend sentence until the could DE deciueu
This also having oyerruled the Distret-Atorhey
moved for udgment
After plea had been entered by Mr.. Tracy IN miRa
tion of the sentence. Judge Daniels asked the
they had any thing TO say why Judgment should not DC
nronounced Cornelius Ferguson OF the convicted
commissioners said that he had never wfuly or nIeh-
tionally violated the law.
The Judge then went to pass sentence upon 'neii
first making remarks 10 them upon the nature Vi
their crime. He said that il had been shown oi .r
own testimony that they had 10 an understanding
in July 1873, as to the articles which should De pur
chased by contract and In open nlarKel' anu . III
sufficient 20 constitute conspiracy. The Judge said
this perhaps it is 10 say that the
OF the law your part affords erouhu iVh hnaa, ~
pectng your motives, and II 1t was not done 70
Yourselves IL NAV have been done 70 benent your
friends In the progress of the trial evidence Wa
tbe ndre said tnat his own conviction that t was
necess aTy the public interests that tne onehse lo
which they had convicted should DC seVeTey pun
shed but his associates thought under all the CIR
cnmsfances, they should be punished Simply ny ne I
and MS associates disposed 20 extend the nh ~
fhe limit wed bv law OF course the indulgence OF the
Court in respect could not have the effect OF enne
persons who occupy public Office to violate thelr ooga
mons with Impunitv This not 10 be taken as
precedent OF what might occur IN similar cases bere
after The sentence Of the Court was tha eacn pay
fine of S2OO and stand committed Til the nhe shaii DC
paid. ,.at..oi,.
The fines were paid writ OF error was m'nediateS
drawn by the defendants COUNSEL allowed oy Jadge
Daniels and the will be appealed AT me cIose I
rhe trial Judge Daniels gave directl0ns 10 ne county
Clerk tof0rward the record OF the Court 10 the r9Ne
nor In accordance with Sections 40 and A. Article =,
vol Of the Revised Statutes, determining When az
office is vacant The Governor Is then ooilgei 10 give
notice the proper person. or body or ohcer "nose
duty 10 Is TO Mi the vacancy. a..
An interesting query arose the conclusion OF tne
trial in regard the positions formerly occuped py
convicted Commissioners OF Charities Ihere seene
o be very little question OF their removal from office
q consequence o. isir Conviction although their sym
pathzers and friends unwilling TO admit tnls.
There was a question the person or BODY wnlcn
was 10 choose their successors. Dlstrict Attorney
WinslOw was OF the opinion taat the Board Ol super
yisOrs had power and the opinion OF lawyers gener
aIly conceded with few, however, tDougnt that
the appointing power was vested in the Governor