New-York tribune., 1875-02-17

the Just consequences OF tDer pO1tcai DanAfuptcy'
When this cavil was first ventilated. in October,
1871. our eminent fellow-citzen. Mr. Evarts, re-
marked that its Investigation was superiuous-
"H" said he, "there should be any doubt as to the
adequacy of existing remedies the Legislature will
Immediately remove it," This idea bad its origin in
his extensive knowledge of legislation in purer
times and his confidence in the uprightneSs OF the
coming men. 1t was credtable to him as jurst.
although, as we shall see, his confidence was un-
merited, and consequently his prediction was not
verified.
A Republican Legislature was elected under the
banner Of official reform, and on its meeting In lo'2
Mr.. Tilden brought into the Assembly bill framed
IN conformity with Mr.. Evartss conception 1t pro-
posed TO recognize a right of action In this State'
efIectuallv guarding at the same time all local IN
terests II enacted. this bill would have obviated
all technical difficulties and secured substantial
Justice, but it did not become a law. Next IN TINS
history we find official reform checked by the oe-
cslons in favor of Ipgersoll and Fields but despair
was not yet justifable. The Republicans had blth-
erto controlled; yet almost cotemporaneousiy win
those inconvenient decisions, the other political
party seemed to be coming into power, and thus
another resort was afforded. The unsuccessful ef-
fort made by MIR. Tilden in 1872 might be renewed
under other auspices Accordingly his bill was drafted
anew for the incoming Legislature tsee abovel, and
then it was that proceedings were initiated for
the removal of the Rings appoiDtee from the head
of the City Law Department, that bis place might
be supplied by an energetic foe OF official maversa
ton and corrupt jobbery. The TiIden bill, above
alluded to. was desirable in 1872 to obviato tech
ncal objections then deemed utterly 1uthe' anu
sure as it seemed, to be repudiated in our highest
court and indeed by all enlightened and impartial
urists. But now. e.. IN the Autumn of 1874, the
proposed law had become necessity Not only had
judicial learning in tho interim uncovered to view
the crying evil that existing laws just as the King
and their professional advocates had astutely con-
tended, dld commit to the thieves themselves, and
their associates, the exclusive right to be heard IN
courts of Justice against such local thefts as we are
contemplating; but other events had occurred
greatly increasing the need Of some such clearing
up enactment.
Nearly all the chief wrongdOers had withdrawn
themselves beyond the limits of our State, and
doubtless had also carried with them their gotten
gains. 1t is evident that great difficulty must
attend any attempt to establish before foreign
courts the title of local boards Offices to maintain
actions for those public moneys Counsel consider
ably versed in our laws, and with large experience
in applying them have differed With reference to
this question, nor have our highest judges been
unanimous in their interpretations If the right to
the stolen funds wero vested in the State by statute
the remedy in all cases and in all courts and places
would be plain and etfectual.
| Besides the State Of New-York would be more
readily recognized in foreign countries as a suior
and moro fully respected than any corporate or
ouasi-corporate official body claiming to represent
the interests of local constituency. Yet, from in
formation received since your charges were pre-
sented it seems probableindeed it is certain-that
neither the Tilden remedial enactment above de-
scribed nor any other of like similar efficacy,
will be adopted by the Legislature of 1875. Attach
ments against assets which have been transported
to foreign climes and wrts Of arrest under the code
of procedure against persons who have fled to Bel
GUM or Brittany, indeed proposed, but this is
simply "mockery delusion, and snare" Our
ancestral jurisprudence is denied us by lean ma
iority of zone overruling Church. our universally
reverenced Chief Judge Rapallo the chosen repre-
sentative of our great metropolis, and Miller the
most recent recipient of our peoples favor Legis-
lators will not Ieinstate it, and for the present. the
people are remediless.t
1t was desired that the perpetrators Of the fagi
tous thefts discovered in 1871 should be pursued
even to the ends of the EARTH with the the most ei
cient instrumentalites attainable, and stripped of
their plunder; it was also desired to avoid raids on
the Treasury through false claims at law, combined
with weak defenses Recovering public money, or
inficting personal inconvenience upon any indi-
vidual was not the object in either case. The aim
was by making examples and nstituting safeguards,
to deter from such evil practices as have obtained.
and thereby to save from official rapacity the money
which still remains i'll the possession of our citizens
as yet unstolen.
From the time when Mr. Tilden, now our Cover
nor, engaged my professional aid for this purpose
until in fha became
evident that whatever political party may be in
the ascendant the Spectators past and prospective,
have such influence that the arm of remedial JUS
tce paralyzed by the action of the COURTS cannot be
reinvigorated by needful legislation, my hope for
official reform, and my confidence IN It's practical
bilty were unshaken. That animating impulse led
me to advise, and strongly to desire the removal
now under considerations; giving that advice in
volved an obligation to aid, requested, in conse-
quent inquiries; and for this last reason
alone the task of examining tho re-
spondent's answer has been performed. 1t rs pre-
sumed that no further service of the kind will be
required. By whomsoever prosecuted, civil suits
against the Ring will bo embarrassed by technicali-
ties arising from the numerous existing laws pre-
pared in their interests; and meanwhile the statute
of limitations will be apt to cover their frauds with
its mantle Of oblivion.
Ii is plain to my mind that unless there shall be
introduced hereafter some great and vital change in
administration not now practicable, even one dollar
of the stolen GOO will never be recovered nor
is it likely that the continuous jobbery of certain
classes can otherwise be arrested. In my Judgment
these circumstances renderit unimportan to thepub
lie whether or not the suggested removal shall take
place and as personal aims have never weighed in
considering the question the interest once felt in
it has wholly ceased. My inclinatons do not tend,
however, either to Incidence despair. Terrible as
are the evils engendered by political tergversation