New-York tribune., 1875-02-17
MEMORANDUM.

laws from being made, or judicial decisions forming
nrecedeDts pronounced, which might beiuconvenient
to themselves or their friends. Here the trcksters
of both parties meet on common ground
That sort Of forensic reasoning which is often
more sharp than wise early discovered that the alb
straction of an employers money by an agent could
not easily be punished as a crime
In great degree this technicality early gotten
rid of in respect private servants by the statutes
rendering enbezzlemeut indictable. But no law OF
this sort has ever been extended. in our State, to
oubkc agents The revisors of 1880 proposed so TO
extcnd it but the astute Legislature OF that DAY
rejected their proposition 1t may be found IN tne
Revsors' Reports r. s. p. $40, Sec. 5S Second td'
and Is as follows:
n any officer OF this State nirnsed with moneys be-
longing TO- The people OF tins Sta,e OF OF hi. Office shall
frauduleDtv corrupy apply such noneys, or ahy
Gaes OF his once. Whereby the people Of this State
shall sustain loss. he shall upon conviction be in
prisoned In prison not exceeding ten wears, or
SHAH fined not exceeding si0CO OF Doth' In 'ne us
erection OF the Court.
Had this law been enacted it might have been
easier to convict Tweed aud perhaps his indictment
would not have been extended to the monster
dimensions so often complained of. At all events it
would have afforded some facility in the prosecution
of delinquent officials. bill to the same effect Is
now before the Legislature, A. d. 1875 1t seems 10
be thought too and its passage is doubtful,
Institutipg civil suits against the New-York City
necplators in the name of the State has sometimes
been spoken of as an ingenious device. There Is no
ground for so regarding it. There was no other
practicable remedy. Had its availability been very
doubtful it would still have been an Imperative auty
TO try the experiment. Nothing could have excused
the Attorney Generals assistants in omittlng to
make it, unless indeed they had been possessed OF
perfect conviction that it would fail.
O. farf fro, hainp the tho English pre-
cedents were clearly in its favor. How these prece
dents happen 10 be inapplicable here has not yet
been shown. In order however to naturaze them,
and thus avoid the incenvencnt results OF the de-
cisons in the Ingersoll and Fields cases, bill has
been prepared as follows.
Az Acrconcer7ing judicial remedies for pecuaion and
SsnrS SSr o%Ss p@sse9 ee R5'Tn Tne Pe"1 Of o the @
NeW York represented IN Senate and Assembly, DO
sECnoN /. Where money funds, credits. or prop
erty hrld owned by TINS State, or held or owned
officially Otherwise for or ON behalf OF any public or
governmental interest," by any municipal or other pub
lie corporation board. officer; custodian, agency, or
agent of any city, county, village. or other division
subdivision. department. or portion OF TINS state mas
been heretofore without right obtained, received
vcrteG, disposed Of ana not actually recovered back
and previously 90 the passage OF this act unto
the proper and lawful Off ,H receiver depostary and
custodian thereof either specie, or by ul and lawful
money. funds, credits. and property, together
with all right tire and interest In the same, and
all salts and actions. and and causes fright and
rights Of and action for the same. and for any dam
other compensation due, recoverable or that
nIgh had account by of any and every
.uch obtaining receipt, conyersion or disposition and
sation shall be deemed and taken TO be vested in the
people State Of NewYork aud. 80 far as may, In
are 10y force OF transferred to aud vested in the
people OF this State accordingly. And any court IN
of this act appeal otherwise, in the name OF any
int npeapSn IeaGre OF the direct the
same continued in the name OF the people OF this
SIC a. Whom any such money funds credits, or prop
ery ne aforesaid shall be hereafter without right OBJ
tined received. converted, or disposed or and shall
not within after such wrongful obtaining,
receipt or disposition thereof be SO actually
recovered and aforesaid then and from the
expiration that all such money funds credits
and property, ali such right, title, and interest IN
the same and all such claims, demands rights and rem
edes respect thereof as III the nrst section OF this
act are ike mentioned, unless previously so
vested by law shall in like by force OF this act
be transferred 10 and vested in the people OF the State
sen g. The Attorney General on his own motion may
ana ON r,s written request of the GOVERNOR he SHALL
an he Sesesry or expedicnt for enforcing the
interests rights and rerea!es of the people of this
SEC T. On potiiions fled against the Attorney Cen
rspSy Ss or agent for OF on bebf Of any city county
town village. division, department, or portion OF the
fioned the Supreme Conrt at any special thereof
held County OF Albany. on summary proceedings
after the recovery and actual receipt by the people or
to State Treasury of any property, money funds
credits damages or compensation IN ths aGt mentioned
would not belonged to the State, may mako such
renstate the lawful custody which was disturbed or
the state Treasury out Of such proceeds for all expenses
that may have by the state IN the Dreml
ees This section shall apply TO actions now penang
and such orders and judgments shall be sub
feet TO appeal like manner and TO the same extent as
judgments in actions.
SgC s. on the application Of the Attorney General,
any trial. motion appeal hearing IN any action by The
people any OF he causes mentioned III the hrst and
second sections of TINS act shall IN al the courts OF s
state without reference 10 Its order on any caen
aar be entitled to preference over any otDer business
SEC g. No act or part of any act which may be incon
with the provisions OF this act shall be OF any
effect TO prevent the full operations OF this act
SEQ I. This act shall take effect immediately.
The Mayor of the City of New-YorK having an |
pounced to the Corporation Counsel January 2 lS75
en- intention to remove him, the eldest OF the coun-
eel named on page 20 [Mr. OCOnOr presented to the
Mayor January 20. 1879 certain observations on the
Connsels answer. His concluding remarks were as
follows:
VII. Although the amounts are moro impressive
IN the metropolitan city. precisely such frauds as
those perpetrated by Tweed. Connolly, and Fields,
occur in the interior. An instance may be instruct
i've. Over S54 900 were awarded by the Legislature
10 remote county in the north woods, whereupon
its faithful supervisors granted the whole sum to
fbe peYsoD who acted as their agent in the applca-
tion This happened in 1871, the memorable year of
Tweed's fall. The agent received the money
in the same manner, and while the S6O0O0O0 Of
the Courthouse fraud was being paid out to the
New-York conspirat0rs. A State action was brought
by the Attorney General against the Supervisors and
fine sgent but the decision i'll the Fields case Is
controlling precedent. and must be fatal TO IT,
-Four of the seven appeal judges hold tbat the
Supervisors can alone prosecute any legal remedy.
This, OF course. to all local frauds virtually es-
tsblshes loug rogues holiday. True it is that one