The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-16
THE NEWARK RING IN AGONY.

Fsverfsh Anxiety About the Action Of
tho Grand Jury-Mayor Perry's New
Move-HOw the Auditor Performed fiis
Duties.
1t Is now about i've weeks since the Grand jury
OF Essex County, N. j., was sworn In and com.
menced its labOrs. The chief duty expected OF ie
by the community OF Newark, 40 clearly deemed In
Judge Depue's charge, was to make thorough in
vestgation OF the alleged frauds and crimes Of COM
mission and omission perpetrated by the City Han
Clique which for many years past has had control OF
municipal matters. The previous Grand Jury.
"eihg composed largely OF officials, failed miser-
aoly IN the matter, although it felt compelled to
make The strongest kind Of general present
ne"s regarding the corrupt and disgraeeful man
ner III which city business was transacted. 1t In
dicted nobody, however except the unfortunate
scapegoat, Broadwen. This Grand Jury has had
oeiore IL the same evidence and considerably
nioie' ou' az yet has given no Indication Of its
NprooaDie action Last Monday, AFTER having.
Noooruins W Witnesses who appeared before
1t. pretty thoroughly probed many dubious muntc-
ipai matters, 1t adjourned for one week. in order
(rumor says to allow time for the compiling Of
certain evidence. Meanwhile the members Of tho
City Hall ring and their horde OF supporters are
suffering the greatest
AGONY OF ANXIETY
as to what will or will not come OF the rrand
inquest. Not second to their anxiety IL chat Of
those citizens most deeply interested. 1t Is saio
that the calendar Is wiped clean all but the city
frauds, and these will from Tomorrow forwards
occupy the attention OF the jurors.
THE BILLS OF ALDERMEN
Considerable excitement has been OccasiOnea in
and out OF official circles over the recent action Of
the Mayor In refusing to sign warrants on the CITY
Treasury In favor OF Aldermen who as dealers,
have furnished supplies to the city. The Mayer
bases his action on the municipal laws which ex-
plcitly provide that Alderman or other city
offical "shall be interested in any contract with
the city or in any compensation for work done for
or materials or supplies furnished to the city or
to any contractor, or any person furnishing the
same to the city, nor shall he participate IN any
The Mayors action Is not original. however As
long ago as 1858 Judge James Hewson. while acting
tersign coal bill for some 81, 200, drawn IN favor
Of the dealer. who happened to De member OF
q few dollars held against the city by the then
President of the Council. N. 9. Ball. who IN the
tn way 81 os had IN aco
first on his official oath OF ONCE and next on the
provision OF law above quoted His action creates
Gil referred the matter to the then CITY
counsel NOW Chancellor) Theodore Runyon. who
af1rmed the action OF Auditor Hewson. Not salts
ned, however, counsel applied for another opinions
to the late Governor Peter ID. VrOOm, who gave an
opinion, which cost $50. reairming the opinion Of
dilgcnt search was made for these two opinions in
COULD NOT BE FOUND.
Furthermore, lifting the matter entirely beyond
question, the Court decided some time ago that q
certain ordinance passed was rendered null and
void In consequence OF one Of the Aldermen voting
upon its passage having been personally and
financially interested in its provisions. The point
of law then laid down was that any Legislators
should be free from the faint OF having his vote III
nuenced by personal considerations. The charter
and the municipal law make 1t the imperative
duty of the Auditor to audit all bills or claims; to
cOuntersign all warrants signed BY the Mayor and
City Clerk; and before so cOuntersgning the law
declares that sit shall be the duty OF the Auditor al
Accounts to examine and compare the SAID war;
rant with the bills, accounts or other vouchers or
records in his office relating thereto, anG
II any error be discovered by him to with
hold his signature until the due cor
rectOn thereof T" FOrasmuch as there
Is abundance OF proof to show thau
THE PRESENT CITY AUDITOR
has cOunterslgned bushels OF warrants upon the
treasury during the last six years for large sums
OF money in favor Of contractors who mad never
been required to sign q contract, in cases even
where no legal contract existed, IT seems clear
that he Is in anything but an enylaole positlon-
Particularly is this perceivable in view OF
THE PRINCIPLE OF LAW
! laid down not long ago by Judge Depue, TO tho
effect that "any act or omission OF public onlcer
in disObedience OF his Official duties In matter %
! pubic concern Is punishable as crime" Hia1
| Honor added the practical application OF
this principle the rule Is that where the duty u
ministerial, and involves in no case the exercise
OF judicial discretion, and the duty Is pointed QUO
distinctly by law, an Indictment Will lie i0r Cue
mere failure or neglect to perform such duty"