New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-01-06

natural products win be held IN the City OF fhil
delphia. Provision has already been made Tor the
appointment Of board Of FIVE commissioners TO rep
resent this State, who to serve wfthout oompeh
| sation. recommend moderate appropriation Oh
money which win be required TO defray the neees-
sary expenses of the commission, and enaDe thls
State to take such part in the exhibition as Will
testify our sense of the greatness of the event COM
memorated, and is suitable to the dignity OF our
commonwealth.
CONSTITUTIONAL AMENDMENTS.
The adoption of the recent amendments TO the
Constitution renders necessary important leg
isaton order to carry them into full effect. The
changes made in Article II. require corresponding
changes in the election laws. with respect to eha
lenges and the oaths thereupon, and the enactment
at the present session Of law, Excluding from the
right of suffrage all persons convicted Of bribery or
of any Infamous crime
The aulendmentof Section of Article VIII. OF the
Constitution requires the enactment OF general
law conforming all charters of savings banks. or
institutions for savings. TO uniformity Of powers
! rights, and liabilities"
The addition of Article XIV necesstates the passage
Of an act prescribing the punishment for the ofense
| of bribery created in Sections and q Some legis-
latiOn may be necessary IN consequence oil the
change in the mode of compensating members Of the
| readily occur to You.
The section added to Article Ill Section Is re-
quires the passage of general laws, providing for the
cases in which special legislation Is prohibited oy
that section Many of these cases are within exist
ing general laws and with respect to others, no I'M
| mediate legislation seems to be required. DOUBT
less, however, some legislation is expedient either
| in the way of enaoting statutes providing for the
cases to which The existing statutes do not apply or
| in the way of amendments to existing statutes
| The provision prohibiting special Legislation IN
| the cases specified, is the amendment from which
the largest benefits have been anticipated. In ram
ing the general laws which are to provide Tor these
| cases, great caution will be necessary The part
took in the Convention Of 1916 and even before the
| enactment of the general banking law OF 1888, in
advocating the principle of general laws In It's a-
picaton to the creation of corporate bodies which
had been practical monoDoles. and other cases
where 1t seemed to be safely applicable may Justify
me in suggesting some qualification of the adyant-
ages to be derived from the change unless 1t be ac-
| companied bv especial fores ght and wisdom
II will doubtless be an unavoidable necessity TO
modify existing general laws and to shape new ones
to be enacted with reference to special and peculiar
cases 1t is quite possible to give general form ~
the phraseology of every enactment intended 70
apply to a special case and to operate as special
| grant of powers.
| The benefit intended to be secured by the prohlbi
ton may thus be defeated. Even greater mschleh
than those which existed under the old system may
be created.
The parties interested in promoting law intended
to obtain special powers for particular case, can
not be relied on to guard against the possible opera
ton of the general provision in the other cases
which it may he applied. The legislators, wht
could measure the whole consequences OF an ac
limited in its terms to n special instance, canno
| foresee the possible eases to which general Law
adapted TO the instance present to his mind may D'
found capable of applying or what operation IL may
have There viii, therefore, be great danger
vague loose and hasty legislation III contemplation
| of one object, but capable of working IN numerous
cases results neither fOreseen or intended.
The new legislation called for by this provision
| should be framed with more than ordinary care
FRAUDS AND MALvERsATIoN BY PUBLIC OFFICERS
Ii will be the first and most imperative OF OH
duties TO revise the laws which are intended TO pro
vide criminal punishment and civil remedies l."
frauds by public officers and by persons acting II
completely with them. The condition OF our exstlA;
statutes and of unwritten INV, as Its PROVISION
for such cases have been construed and declared By
recent decisions of the court of final resort disclose
grave defects. The practical evils resulting iron
these defects are greatly increased by the recen
frequency and magnitude of violations of otiicia
trust.
| IMPERFECTION OF CRIMINAL LAWS.
The statutes Furnishing enlightenment are heid no.
10 apply to such otfeDses, when committed Dy puol
officers The statutes relating to larcenes are
deemed to be of questionable application to fraudu
lent acquisition of public funds, existing In the form
of credits inscribed on the books of bank. an'
known in the language Of commerce a. deposits
The statutes in regard to obtaining money or property
by false pretenses are not free from technical EN-
barrassments in their application to public frauds
Without asserting TO the conclusion that theS
statutes are wholly unavailable in such cases u can
not be doubted that they are inadequate unht 10
the exigencles of the times and that they ABOUND II
needless technical questions, which tend to the de-
feat of public justice.
No illustration of these defects be so impress
sve rs certain facts of recent experience. public
officer designated by statute of the state an'
authorized with two Others to audit the then exist
ing liabilities against the County of New-York
fraudulently made an audit, OF certified to an audI
not made. of fictitious claims TO the amount OF ST.
millions of dollars and instantly received miIloI
aud half of the money paid on such audits' through
a common agent between himself and the pretended
owners of the claims For this tlagrant crime. ac
companied by many circumstances OF aggraVatlon
the eminent counsel, who represented the people
deemed it prudent to seek convictions only for mis-
demeaaors in neglect Of official duty, the punish
ment for each of which is Imprisonment IN the penn
.entiary for a term not exceeding one year, and ;
fine not exceeding $3.50. When we consider that
person who under the temptation of pressing want
steals property of the value of over S5 Is liable T.
Imprisonment in the State Prison for term of five
years. and that the other otfenses against prvat
property punishable with corresponding severity
the nadequacy of the law applicable to great pubic