New-York tribune., 1874-02-21
Gov DIX,s DECISION.

TIE CHARGES AGAINST BRIrroN ruoho' oi'i'i ~
vrrwFD-Hs CONDUCT ~ TIE BAp'Ao ONo"
1NpEFrNsrBIE-oT CASES OF GROSS lihioo-
,,prry-us REMOVAL NECESSARY FOR 1hh
PUBLIC WELFARE. tu.o .ov+ Of
hsAYy. Feb 2O.-The following is the ia" 'eA' VI
Gov Din's decision in the Bntton case l.
sIA'h VI W" ALBANY, Pcb. 20, 1874
-. ,..aes o,,iast Winchester BrittoH'
r,,-,,, Ahorrev Of Kings County: On caIr.ut Cn
,so,,t,,, ~ tho testimony taken before the ho"' va
ber, NJ speir under charges preferred aE1inS, - -, :
TOR Britton Distrct-AttorDey OF the Cou",S ns,er
,oyo come TO the conclusion that the s'iu " " ,
pr,tton ought TO be removed ron oi"0'' -'
.,on rosts upon the following grounds NJ.
1rbo Distr,ct Attorney is the prosecuting o''Oo'
o., tho comfy for which elected. in all cases cog
z,Y,ble by Courts Of oyer ana Ierhincr an" -, ~ hoor |
o., and General Sessions This duty mas away '.1u
..nder-tood as embracing, not only the eohuu0' " w.
$50, a., sncb cases but the institution and cohuuc' VI
such preliminary proceedings either IN 'heSe 'o"
,e,ore inferior ma gistrstes as should on so-' W
reasonable discretion appear necessary 10 D. o -
,sbnent parties believed 10 have eomml'Veu oiol90 y
,ne character referred TO. IL Is more especmnS eu
n, ON him when these ofenses are feionlous III
thc,r cbaracter and when they affect individuals eNe
estug responsible trusts, through an abuse oi WIN" -
terests OF an exclusively pubho cn"iao''' '
seriously endangered or Impaired ..
q The first charge against MI Brlttoh presen'9'" %.
~ me last mentioned character. The charter Oh Vne
Ctv of Rrooyn In at the time OF the
or which the charge is founded contains the ioO""s
provisions; ,r,v rrvr
SECTION @ II any Collector Assistant C0lec,or 10 ny nv
whateyef or shall uso by the OF Investment IN IN
any kind Of property or merchnulse, ;nd or col.
80 80 anT norton Of The moneys receiver UI CV.
,eccd Sy MIN as such Collector Assistant or p5Pgg
Collector every such ac' saa De b of said ao2eys as
snail be thus taken. nyesed used or loaned i wmH
hereby declared to felony punishable by % 0n
ment in a state Prison for a term not eAceedlns H'e
SsS "a The Collectors shall receive the taxes opd
ssssssments mentioned in said rolls, and shall on inc
CIV TreSsuTer ali moneys which shsl have been re-
"vcd by them for taxes auu End r"nder to The Con
roses or for local Improvement anu t 80 tba same
roler of the eity lust and true account OF tne slue
They shall also, every week, aud Us huS S Conctor,s
yeo1red nv the County Treasurer, at the Colee'oi
occ render ss account OF MONEYS Sd s he aiVe
ne pay over such moneys TO the sald county AIe"s'
Tho Revised Statutes contain the following provlsoA'
syc g. When any duty is shall be enjoipe1 .!
,aw upon any pubic officer or upon any person person ct
my public trust employment every WlIlu nos s
NJ hcrn made for the punishment OF such delin
Quenoy shall be q misdemeapof "s he'oii V'os'i
s,h q K S., Vol I'll, p s's
skx COLLECTOR BADEAU's VIOLATIONS OF LAW.
In violation ot the foregoing requirements Of the ohsr
appears tha Isaac Badeau. the collector
tsDed custody and deposited his credit IN GER
banks, instead OF paying into the treasury large
amounts OF the money collected by him, leaving for
more than two years average monthly balance in
taid banks Of than hah million OF dollars, he
reivng such balances allowance OF interest which
carried 10 his individual account.
appears further that by OF this abuse OF his
trust the city authorities were compelled 70 borrow
money interest the current expenses OF the
Inunic pa government. These continuing balances
NOT ONLY Temporary conversion OF the public money to
bn they were in the nature OF loans TO the
banks IN which the deposits were made. In Migrant
violations OF the law. These transactions had
become a matter Of such general nOtOriety and
discussion that committee Of nifty persons, appointed
public meeting 10 inquire into the fraudulent con
duet OF theclty ocals had as early as February lS2
through Executive Committee, made report, which
published IN the leading newspapers Of BROOKLYN
Senos in certain banks ana disclosing the further and
more important fact that no satisfactory information
FOR Tnose S SeTe nm h S % snS S
these transactions were well known; Ihey We're not
Se @ cause Of gsst and the Of
information from which the knowledge OF them was
fellow citizens, who we're engaged IN investigating and
ihe frauds perpetrated by Mr.. Badeau were brought
before sGrand Jury for examination through the agency
having taken In attempting TO bring the Grim
ma 10 loree ana reniS tin Sn n N nar, * nr
posed solicited throughout all these etorts OF his
gross official abuse snd de probation upon the public
treasury The foreman Of the Grand J0ry having called
syPSt1etsa question II we 9d .hn5 H. 5 R1D: Ssa
think he required 10 do according 10 law, hut
acted good faith without any design 70 defraud the
city and followed custom OF his predecessors OF daily
depositng the in bank aud paying t over to the
city at stated intervals ony-wouid tins be felony
IN my opinion would not; mat the felonious intent
xo1lC be Wanting
BBITIoSs KNOWLEDGE OF BADEAU's MsDEEDs.
u IL difficult TO believe that Mr.. Britton not
eyare the particular maversation Office 10 which
sbs inquiry referred There had been repeated
estsns bet weeu him and Mr. regard 70 bringing
Mr. J,adeaus case before the Grand Jury. On tho
animation before Judge speir, the following question
pat 10 Mr. Bayls, the Foreman OF the Grand Jury
And Mr Britton also informed you, did Mt he that ~
tI Esdeau had simply followed the immemorisl custom
ef the department without any criminal intent that he
nd think ndictable ofense, but Informed you
that II could be proved that NrlBedeGu had received
jpteTesi the money the city might it back.
possibly. IN civil suti" To this question MI Bayhs
Thus appears the msver sation OF Mr.. Badeau
IN Office was discussed by tho foreman OF the Grand
deposit the banks the received, but in
taking interest on the deposits Even it, as Is alleged
between them, II Mr Britton's answer might have
been good law 10 the very restricted hypothetical
question put 70 him. The discussion OF such a
acter unless the foreman OF the Grand Jury 10 be
deemed unworthy OF credit, TO indicate clearly the
ira nssctons 70 which referred and TO show the i'm
propriety OF founding legal opinion IN such
single question, without any inquiry into the II
With this manifest knowledge Of the case. to which
The hypothetical question related. Mr. Bttons answer
was palpably calculated TO misead the Grand Jury, u
and which as copsceatOus aud Jealous officer he was
bound 70 state. In oaDinR the moneys 10 me hapks
ADd W thgs converting them temporarily TO his own
s,sp ,,s tarter declared 10 be felony His failure
20 nav ovcr moneys received by hin lu the manner
prescribed 'olsIon OF te enar'er ana h Ts aso h
should have been prosecuted MI Bfittons acute legal
mind could hardly ave ialed 20 perceive tna tne ny o
whetber the tTansso ions OF Badeau a INSIDE
ueanor, aud he preiua Ssd me question Thether M tne
embezzlemeDt ~ eoncedlng good fdltn anu
absence OF intent TO a, fraud. without considering
whether the facts OF tue eaAs would Justly sHch con
eesson In his answer TO IL Grand Jury Mr.. BriitOn
0f a