The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-12
THE TWEED CASES.

The Ingersoll-Tweed Case in the Court
OF Appeais-Argument Of Charles
O'Conor for the People and EIihu Root
Tor Respondent.
ALBANY, Feb, II, 1874
There was large attendance at the Court OF
Appeals Chamber this morning to listen to the
argument which il was known would be made by
Mr. Charles UCOnOr in behalf Of the people in the
Tweed cases.
Among those present were Samuel j. Tlden
Wheeler H. Peckham and Charles O'COnor, In be-
half OF the people, appellants. and Ehhu Root
and William Fullerton, for the respondent In
gersoll implicated with Woodward, Tweed and
Garvey.
The case came up on the reargument OF the ap-
peal from the demurrer to the complaint. The
case, it will be remembered, turns mainly
on the point whether the money taken from
the National Broadway Bank Cthe subject matter
of the suit the property OF the city or of the
county. In an extended and elaborate review Of
the local government OF New York, its character
and the various changes which had been maze,
Mr.. UConor sought to show that since the incor-
poration OF the city the Board OF Supervisors, or
so-caIled county government. was very little more
than nominal power. The respondent, il is true,
claims great power and authority for that Board,
which, however. has real existence in any
spect. The Board of Supervisors previous to 1870
was, he insisted, very small affair, and by the
charter passed in that year. at the Instance or
Tweed himself it was completely shorn OF any
power whatever. the functions OF the city govern
ment being lodged in numerous commissions.
which were part of the grand scheme set foot
by tweed and his cOmpeers. He cOntended also
that the Board OF Supervisors OF New York was in
no sense a corporation, notwithstanding the ex-
tensive power claimed Tor 1t by the other side and
possessed no corporate powers whatever. They
could not even be sued Tor any debt or county
charge. Under the acts passed with great facility
by the Legislature this mock government was
authorized to condemn lands belonging to the city
Tor Court House purposes and pay for them IN
bonds which were absolutely worthless. for the
authority which gave them, vas though q quasi
that they had not like other Boards OF Supervisors,
the mower to levy annual taxes to carry on the
government In tits respect 1t was on par with
the Mayo or, Aldermen and CommOpaty of the city.
The money in question IN tins suit was issued on
as comptroller o" TSe ISSUANCE of these
bonds gave no title to the moneys raised upon
them in the Boards OF Supervisors. 1t could in no
way come into their hands, and no suit could be
brought against the Supervisors Tor their pay
ment; Tor they had not a dollar in any treasury,
upon. The $4,000, 900 in question never in the
hands Of the County Treasurer. The bonds to
vi he them went 9e to saw ta Alter e
bonds were issued and the moneys paid, some sort
OF an act was passed which attempted to provide
for their payment, hut they have never been paid.
They were included In the consolidation acts and
are not payable until 1891. Mr.. Connolly was given
sovereign power in the matter. The system of
bond issuing was perfect and under the legisa-
tive acts passed by the Ring any amount OF bonds
or county stock; as it was termed, was authorized
to be issued and fastened upon posterity.
Mr.. Ehhu Root followed for the respondent, taking
the ground that the county OF New York was q
corporate body under the Revised Statutes, and as
the money in question was IN the possession OF the
Board OF Supervisors they are the owners thereof,
and responsible therefor. Tie presumption aris-
ing from possession he said, cannot be overturned
and the fact or their existence as a corporate body
Is beyond cayil. The money was not IN the pos
session OF the Comptroller, but was in the County
Treasury in accordance with the law, and he had
nothing to do with 1t. He also said the Super
visOrs could pay any debts they had incurred from
the large revenue which they derive from other
sources than taxation He pursued this line OF ar
gument at considerable length