New-York tribune., 1874-02-12
<, THURSDAY, FEBRUARY I2, 1874


iyht ol tine sovereign in his eapsoty AZ pareas fqrn
LORD Redesdale In Dublin case, Bligh stI anu ss,J
rs therefore In Its very nature original primary, mae
pendent, and paramount .... -...
ated ny statute tnat other remedy will be reeafded az
concurrent or aneiary nnless the statute has decbSea
IT, in special case night OF action for the same
wrong DO deemed to exist in corporate body or set
as concurrent unless statute SSs in express words or
by necessary implication, declared to be exclusive
Inc ihenofal right OF the sovereign to Intervene Ia
such cases for the protection of the pubic and the i'm
memoral Jurisdiction or snch cases by tho Court OF
Chancery cannot he taken away except by statte de-
carng mat intent by express words or necessary lmp
Third Supreme Court the successor of the former
Court Of Chancery has jurisdiction to prevent breaches
cOeAlstng with Tie lurlsdic ton III Ike cases OF tne
Court OF Chancery In England Tue people OF this state
courts TO prevent aud to redress breaches of pubic
trusts which Is possessed By the Crown ia England Tue
represent tile people IN OF breach OF public trusts
a. the has III Eogland TO represent the
Crown. .. ..
Fourth Tho right asserted for the people To intervene
by action in the Courts in behalf OF the tax-payers 10
restrain or redress breach OF trust on the part oi an
officer iDtrusted with the disposition, application or
ody OF funds raised by taxes imposed npon the per
Of but is in conformity with, the theory aud prac1ce VI
the civil polIty OF this State. - -., =,
l. In theory the sovereignty on the state icsIu9s IN
the aggregate people, and all powers vested In local
officers delegations fromthe aggregate people, nade
ny the Constitution or Dy statutes epac'ou ia
thereof. -,
2. The choice OF local officers by election In tho
change from the Constitution OF 1877, begun Ny tne
Constitution OF 1921 aud consnmmated by the Constu
OF this delegation Of the appointing power-thls win
draws from the general representatives OF the state
aud OestOYal OF 1t upon the local electors or the local
authorities It IS to be regretted that IN STATE one
organzatio OF municipal governments has not been
established ia the Constitution, and tic great trusts OF
these popuois communities saved from oelng made inc
traffic Of the Iobbes at each legislative session.
g. But IL s o be observed that in making tGs disper
sion of thc appointing power the Consultation has care
state should result 1t has distinguished oet%eeh tne
power OF selecting the officer and tue power OF holding
him TO account Tor malfoasauce, or breach 0i trust
sheriGs clerks OF counties disrietattoneys eoroner
aud the Register in NcwYOrk are made elective WITHIN
the counties. But they also made rem0Yabie for
cause by tho Governor. Jadgos OF the supreme
Court elective in districts, are made TemoVaole 9y I'M
pea ehment by the Assembly aud before the senate
and Judges of Appeals, ana h.ro ,IIemov'O.e
by the concurrent vote OF tic Two houses 0
the legislature County iudges surr9gates, ana ali
other Judicial officers elective within the eouDty are
removable by the Governor ana eenaU; o"ol r Topn
stoned officers Of tue militia as are eeetVe arc cho
bic by the Governor aud Senate Inc Cohsuut'9n a.O
enjons upon the Legislature 10 mas in
for the removal for misconduet OF , ,t So 80
l"r or legislative and who shall be elected ~ general
elections (Art. 10. sec ~ All ines atrauSenUhts
which involve the most important local IuhetohaIics
scrm 10 ue characterized by plan and system III Is
TO distinguish between the power OF eecthH vi dppoih
ing the officer and the power 10 hoId nun 10 account, ~
is while dispensing the TO the Localities TO reserve
the other To tho State, acting ny lis genera
suneryisory power OF removal addition 10 Whatever
other accountability may result 10 the IoteS VI [
t the expiration OF his ter or from special pfoVsohs
OF law. The two ideas are not lncompatGe. on tue
contrary, each s the complement OF the other Such
disposition OF the appointing power mas Decotno p"s.l-
bic only because these devices have been invented 20
preserye accountability to the State. -ee debates IN
Convention Of 1921, the mode OF appointing
sherins) The right Of tho state by its general rtpre
sentatyes, To remove, is capable OF Delmg maue 10
destroy tho local election or appointment lhe rgh, on
the state 10 IL not IL is less In eohnet WIN Tue
local power of election and appointment. ~ ehe c9n %
structOrs OF civil poty 80 carefully 10 tne
stae greater power, connctug WIN ther la'orIie
of a ..rsiuO tHa
tense is for the idea that they have implicitly
abolished the lesser or that the rg OF e staIe 70 rue
like the present. clearly hse NY nv
the spirit and genius OF our goNsihn'oh'i sSs'e"'
FIN The right asserted for the people TO intervene
by action in the IN behalf OF the taxpayers 10
restrain or redress pfeIch Oh uust y" , " ar or
officer iuru7ted with the disposition ae,1cs.on or
custody OF moneys Rdised or To De raised ny I'Aauo
while IL has directly and formally audlcated
by this Court has been largely IecOfhIeu py tno Ic
ror courts aud Judges and TO some extent oy s curt
EighM The right OF acton which exists ~ the people
in This ease is completely independents of the question
whether right OF action III the slPei~,ofs Oh inc
County OF NcwYOrk for the recovery OF Ine money u
question could made In the only way attempted
I'm the Of this Tor tbat II IEh oi deo
founded implication aud inference from suVposeu
deductions of law and expressly gwen Dy any stat
ute still less by statute whcn u terms oF Dy hcteS-
sary implication takes away the pTeeXH'ihS hsh' VI
action by the people. ~,
Hinh: The Supervisors OF the CoInty OF New,fork
have no legal capacity for the redress OF the
breach alleged in this case, or for the recovery
of The moneys in controversy. .,
Mr Root made with considerable effect the point that
when Tweed was tried IN the oyer anu lJrnlASr; Sne
representatives OF the Attorney General Claimed tDat
sontatyes OF the Attorney Genera INSIST that nc aeeu
In the Board Of AUDIT as a state Commissioner MI.
Tiden replied this that the indictment was equlS
suslinable whether he was the one OF tne one O he
oense charged in the indictment was ACTON IN lraudu
lent conspiracy which bexah m Ss as ~ tSei
msdemeanor. MI. TIldens argument occupied an hOhf
and haf 1t is said that the Court VIII rebhe lts tie
cisOn next week