New-York tribune., 1875-03-04
ALBANY.
THE CIVIL REMEDIES BILL.


ALBANY, n. Y, March 3-SepatOr Booth, Gen.
Hustled, and ex-Lieut.-G Gov. Alvord have received
from Corporation Counsel f. Deaheld Smith the
letters suhjoined. urging that the weight OF their
personal inucnceand their votes be cast IN favor OF
the passage of the third Reform bill introduced by
MI Hammond on Monday night and reported favor
ably by Mr.. Waehner from the Judiciary Committee
to-day This bill, 1t will be remembered, gives tne
State the right to public officers guilty OF maud
aud malversaton, and thus overcomes the oostacle
thrown by the decision of the Court OF Appeals in
the way Of recovering moneys stolen from the peo-
pie 1t is not thought here that Republican senti-
ment in fyaor of this bill needed cngbening as it
IL believed that il would in any have received
The Renublican vote but these letters may steady
some wavering members, and at all events serve to
indicate the Corporation COuDsers desire to place
bimself on record in favor of the measure. What
ever opposition is made to the bill will doubtless
come from such members as are still IN sympathy
with Tweed and his allies. How far these may DO
found in both parties remains to be seen The letters
are as follows
TIE LETTER TO SENATOR BOOTH.
LAW DEPARTMENT.
OFFICE OF THE COUNSEL TO THE CoRPoRATIoN,I
NEw-YoRK, March 3, 1870
The Hon. JAMES W. BoorH Senator from he oifvc Ne'-
York and ne Hon. THOMAS g. ALvoRD er-L'euN"
antGovtrn0r and erSDeaker Of the Assembly,
mailer OF vital public concern Pending In the LegisH
tnre is bill prepared by the Hon. Charles Y Oohor anu
understood 10 be recommended by His Excellency Sam
uel Tldeu Governor of the State. In the Leading
features Of this it Is proposed to give to the
stae the prosecution Of the Ov Remedies for the un'
prccedentcd conversions Of public money and the stu
pqpdous frauds which form the most conspicuous chap
Ter in our municipal history. The gratutous services OF
these two DISTINGUISHED jursts in relation TO the absorb
ing subject referred to- give them OF necessity pecuhar
means Of Judging TO what required by the cause Oh
Justice aud Of restitution. My position as head OF
the Law Department of the City OF New-York enables
me also to bear important testimony upon the necessity
of the legislation in question.
IL the first place, the OF pnbc and OF private
litigation ALWAYS pending In the iSt Judicial Disulc'
added to other obvious considerations, afford excep-
opportunities for delay by defendants having Tue
means TO employ numerous aud able counsel
second place. the proceeds OF the enormous con-
versions OF public funds above menuonedi are largely
invested real estate and other property not only IN
this city, but in parts OF the State and nation, as
well also S in other countries and continents IL fol-
only that judgments should be obtained at the
earliest practicable period, but also that the unlawful
gains involved should be pursued wherever they can be
found II requires no argument to that II those
Judgments shall he in tho and the ownership OF
the great poi division OF tais country known as the
sate of NewYork 1t will be far easier than If they are
in the name only OF the city, to follow them to remote
where the ana OF lOISlsu lIlOuutb eau Uc III
voRed.
with regard 10 the ultimate direction recoveries
90 the Treasury the tax PAYERS OF this city, from
which the money was extracted the bill itself makes
fui and wise provision.
The considerations which / have above imporfectly
need hardly supplemented by the fact that the
ordinary and vastly augmented interests coDfded to
ths department OF the Municipal Government demand,
Onght absorb. all the energies OF any lawyer who
may hold Office Of Counsel to the Corporation.
In my Judgment argument founded upon the rights
aud OF the public here be framed against
the policy, or the necessity, OF the legislation
called for; but the measure which hum0ly urge eX-
TENDS It's importance other places in the State at
large. There counties where the vast majority of
the PAYERS real estate therein reside
without the limits OF the county itself Tner residences
Will found in adjoining countless and also largely IN
remoteI of the State. The principle of the bill
i that where public punderers are personally ideDti-
cal with the officials OF city, that those appointed
protect the local Treasury become depredators upon
g. civil is already Thy with criminal prose
ouOnsl should, at leasl may. be IN the hands OF
authorities thoroughly independent OF those which are
purely local.
Placed as am in situation to this great matter
In all its practical bearings do, only lawyer and
citizen but also public officer most sincerely and
earnestly recommend The passage Of the bill beg that
you, gentlemen will make known my views TO my per
sonai and political friends in the Legislature. They
have little importance coming from an individual except
that ny to the gations give manifest OPP
TO7untes for correct Judgment hope that this letter,
although the form OF petition may be so used
by you to have the effect IN the appropriate
Committees and in the two Houses. am, gentlemen
with great respect and regard your humble friend and
servant L. DELAFELD SMITH,
Counsel TO the Corporation.
Ex-sPEAKER HUsTED URGED TO SUPPORT THE BILL
LAW DEPARTMENT.
OFFICE COUNSEL 10 HE CORPORATION
NEW YORK, Mirch ), 1915.
Gen JAMES W. Hustled.
DEAR SIR: wish you would at once ask Gov. AlvOrd
OF Senator Booth TO show you public letter which 1
tsve addressed to them.
The public Importance OF the subject upon which l
have written them cannot. you, be Oyeresti
mated but ask you and them and all other friends OF
mine either personal political, TO accept further
AID most solicOus assurance that the OF This
bill would relieve my Office and from responsibilities
with which neither the Office l ought TO be bur
dened view OF the mountain already piled upon il.
This therefore Is to me not only pIblic but q per
sona matter. Depend upon it, that whatever party
should rally to this bill will ultimately, II not once
Immensely strengthen itself with the great of
intelligent thinking and honest men. Depend upon H.
further my Sir that the Legislature could not do
tsolf credit and honor than by placing upon the
Itatute book the measure which will put beyoD1 ques
non speedy and factory result in these cases.
lam well aware that the employed by the prose
suous and deliberations which the recent decision Of
Ihe Court OF Appeals relates to- have caused DELAYS
which under the circumstances could not have been
avoided; bat the true solution of all complications
would adoption Of The principle aud the policy
Involved in this bill ain, dear Sir yours very truly,
T. DELAFIELD SMITH.
THE EMIGRATION COMMISSION TO BE IN
VESTIGATED.