The New York herald., 1875-07-16
shrsn.d and an ina.xlols resolve to reform exist

ing abuses.
For some years prior to 1871 the machinery OF
faction In this state was 30 organized that GER
tain not very respectable portion OF each party
co-operatively controlled tue government. In
creasing debt, increasing taxation and numerous
indirect devices for plundering individuals or
ulassss constituted the quarry from which these
ce-workers drew their reward Party differences
were out name. Just enough or party spirit
was exhibited to color the pretended con1Ict OF
those who. contrelllng the visible movements OF q
nominal opposition, were in perfect accord ~ TO
tine attainment OF ends. These ends included
great frauds through public works upon the
canals or elsewhere in she State, ana enormous
plunder, through numerous instrumentalittes, In
tns metropolitan city. The managers were not In
all respects alike. Nominally they differed In
political opinions. There were other dr.
ferencss. Some were bold ceners OF moral
sentiment VINO regarded success rs q con-
secrator, robbed the public almost without
attempting ooncealment and Lived in spen viola
tion Of common decency: others were sneak
thieves who enriched themselves seer city; still
another class were contented with moderate
pecuniary gains and the enjoy ment oil respectable
h posis,Tns; wneres @ rcsuSiis ueoeuing others ana
they exnlblted propriety OF department. which
saved the government from fatal unpopularIty.
lt was when ths system Rad reached vicious
maturity that Samuel J. Tilden, In 1871, under
took the Task OF reforming the democratic party.
whose organization was tnen controlled by Tweed
and his associates at New York In alliance with
certain pecuators hailing from both facticns aud
residing In the metropolis or along the lines OF the
canals. Ihe city men were, however, the real
masters OF the ned.
Mr.. Tilden's course and career iorn, in this con-
nection, an Interesting subject; still only lef
reference will be madc 10 It. Notwithstandlng
his unqualified demand for purity In administra-
tlon ne seems Co have retained his party relations
How he accomplished this object suficlently to
secure nomination lor Governor II Is dlfhcult lor
oae ol the unlnitlated 10 comprehend. He did so,
however. aud ne was elected. How knavery
Jailed to make an e1ectual revolt during the can
vass is another enigma The spirit OF satanic OPP
position which, tardily and late. reared Its mead
against reform in the Assembly elected with Rim
and which then struggled confusedIy aud iaei-
fectually Is also t subject OF study at this time
glance at the names that during the preliml-
nary CANVASS came into notice as his rivals Tor
nomination TO the Executive cnair woald be sug-
gestive or pertinent inquiries. 10 the light de-
rtvaDle from these sources nething need be added
here. The press mas already made public all else
structlve calculations In the arithmetic OF events.
general assault along the whole line occupied
any time aiterward until tae advent OF Governor
T1lden to once IN the present year. Legislation
fiexIbIe Uaief Magistrate 70 eniorcs r. Was necss
sary ana this was unattainaDe. WHAT, II any
thing. has been effectively organized In this way
during the present year remains 10 De seen.
The frauds committed In New York having been
discovered, thoroughly exposed and remaining
actually undenied, lt was supposed, in 1871, that
ordinary Judicial remedies could be put In force
against the perpetrators. The local judges had,
in most Instances, received their ofnces Through
the favor OF Tweed and mis- associates. or course
the lawyers VINO were charged with tue duty OF
prosecuting for the public anticipated difficulties
In the early stages OF their suits; put they mad no
suspicion that like agencies mad Influenced the
construction OF the highest Court They 1elt as
ever might happen elsewhere, the nna judgms mt
oi that tribunal would be not merely In accord
a. the jueses woOd m Dy a
earnest love OF justice and an active
zeal for It's advancement: In this con-
ndeRce measures were Initiated. In the civil suits
TO recover the moneys 1raudulentiy taken 1t Was
quite impossible TO secure that animus against
the pecuiators which Is alway necessary to sue
cess, except DY prosecuting In the name OF the
State; ana, accordingly, tnat course being neces-
sary. il was adopted. The circumstances were
seemingly so favorable that the results must be
regarded with surprise.
six millions OF dollars had been literally stolen
by means OF county bonds issued In the form pre-
scrlDed by what vas called the special Audit act
OF 1870 (See Laws, page s7s section ~ This was
against Tweed, Ingersoll ana others. Another
like fraud, perpetrated by one Thomas @. FIELDS
OF Assembly, through an issue sol OF cits oones NOS
authorized by any law and amousting, with In
terest, to about $5ooooo. was prosecuted against
that person. rhts was also In the name OF the
STATE. A brief account OF these test suits and OF
their fate may be aseiul.
the Special Audit act could not have been sued
upon by tAe city corporation. There was. however.
limited powers called the county, whose In
vestlture with corporate functions was never
nsedS saG sa@. was sv the result Hf
brought suit and II never had been
successfully sued. That it should be the plaintin
was point which, under the circumstances,
would naturally have suggested ltsell to any des-
perate lrigant who nad no defence on the merits
had never been legally entIled t. q cent OF MONEY
or 10 property OF any sort except by some ex-
g5ss statutory grant Or mace S.ar snI, H.
oe sued IL bad no property that could
be levied on. it was, however, an ofilclal
by SPECIAL enactment to impose a local tax for
some specified use or purpose; and there was in
an authority 20 Impose such tax or me repsy
ment OF those who should advance money
on these special audit bonds. That author
supreme Court OF tse United states, when need
ful, would compel the county oficers 10 levy the
lie justice demanded legal remedy against the
thieves this corporate entity called the county
with tae matter except The liability ofiis odicers,
As the States taxing agents, TO oe put in motion
for the benefit Of tue bondholaers. II the thieves
had repented aud redelivered the stolen money TO
the county of1cers no lawful disposition could
have been made OF IT, except BY the State Legisla-
terms or in intent-nad any part Of tnis money
been granted to this entity called the
to the Scaers sSf
the false audit certificates IL could not la lully
be applied 20 any other purpose. The Dondhold-
Its people or Inhabitants, nor by any save and
except only the future unknswn and rs yet un-
ascertalaable taxpayers under a levy TO be made
Tor TINS special purpose. IL could not be proved
that one OF ;nese futHre taxpayers was yet born
when the theft took place or when the suit was
brought. The only persons injured were this fu-
ture unknown ana unascertainSbie class. All the
judicial opialon ever appealed 10, including that
OF tae Court or Appeals l;seI in this very
case, expressly declares that this local entity
called the county was not the represen entative
OF that class. IL seemed to the peoples counsel
tnat the state represented them and was the
proper plalntin 10 sue IN their vIndication. But
In the suit against Tweed and Ingers0u the Court
OF Appeals Judge W. +. Allen delivering It's judy
menD held that the county alone could sue and
allowed Ingersoll's demurrer, thereby uischarRing
him from the suit. lucid, decisive ana iuliy
reasoned opinion 10 the contrary was delivered by
Judge RapallO, in which Chief Justice Churcn con-
Cured. subsequently 10 the first argument one
OF the learned judges departed TINS life; and,
besides temporary eppOintee In his place,
Judges Folger, Andrews and Grover con-
CURED wita Judge Allen. This constituted
majority, and judgment passed against
the STATE. FOR the present this pref summary
must sumce; critical examination or Judge
Aliens opinion cannot De conveniently presented
10 the Jurists OF our country until the Judgment