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

A
still more serious defect exists in our turispru-
asnea Where a wrong Is committed which affects
the treasury of city, county, town. or village inc
officers who would be the proper plaintiffs IN any
suit for redress, or VINO possess exclusively 'he
power 10 institute or conduct such suits, may DC
themselves the ng-doers, or be IN comphcny
with the wrong. doers In every such case the rem
edy must of course be very much embarrassed il
not wholly unavailing. The unfaithful incumoen'S
may be entitled to for a long term OF 'hey
may possess great facilities for gaming the tavor Oh
their Successors. While the remedy Is thus deiayed
perhaps for years-the proofs may be lost or the
depredators may make away with their property
and withdraw their persons FROM the reach OF pro-
cess or they may through the lapse OF time, be-
come discharged from liability by the statute OF nm
itatons As the 0ense becomes stale the pnohc SEN
timent which inspires voluntary efforts OF patfioue
citizens in behalf of the people TO seek redress Is
wearied and weakened. On the other hand, tempt
atoms are strengthened aud developed into actual
crimes by the prospect Of impunrty which grows cat
Of hardness and uncertainty in the remedial law
ATTEMPTS TO REMEDY THAT DEFECT.
The frequent occurrence of malversatlon In local
governing officials, has stimulated ingenuity 10 de-
wise some judicial remedy. AT first 1t was con-
ceived that the injured taxpayers or inhabitants
might, in their own names, invoke judicial aid' An
analogy was set up to the case of private corpora
ton in which corporator, on the omission OF the
directors to sue might bring action, in behalf OF
himself and his associates, making the corporate
body defendant. The idea received much favor
from the courts in the judicial district which COM
prises the City of NewYork.
But the Court of Appeals in Roosevelt agt Draper,
and in Dooittle agt Supervisors of Broome County,
decided that the individual ax-payer had;no special
interest distinct from that of the public, when
would enable him to sustain an action, IN person,
for the redress of public wrong of the nature IN
volved in those cases. In the former case, the In
timation made that the true remedial process
against an abuse of administrative power tending
to taxation, is furnished by our elective system or
by proceeding in behalf Of the State " IN the lat
ter that for wrongs against the public, the remedy
whether civil or criminal, is by prosecution instr
tuted by the State in its political character OF by
some officer authorized by law to act IN ats behalf
The whole reasoning of the court proceeded upon
this ground, nor does it seem to have been ques-
toned by the counsel on either side. The remedy
intmated in these decisions has been recognized as
established law in Great Britain, from which we In
herit our equity Jurisprudence by series of great
precedents 1t has been applied TO populous munlcl-
palities like Liverpool and to corporate funds de-
oBPAANN-0
municipal purposes. 1t is natural deduction from
the historic origin and the expansive philosophy on
the equity system whose proud boast has ever beef
| that it leaves no wrong without remedy.
| On the discovery in 1871 of the frauds committed
| by the governing officials of the municipality o.
| New York, the Attorney General, acting on these
intimations of our own courts and on tile English
precedents. instituted actions against the parties
incnlpated by positive proofs. Within the last veal
the Court of Appeals in the Of The People agt
Tweed Ingersoll ct al and of The People agt Fields
has decided that the State cannot maintain thos
actions The result is at last arrived at that nelthe
the taxpayer nor the State In his behalf can see
redress; that in all the long interval nobody ma
been competent to sue or conduct suit, excep
some corporation counsel who was an appOlntee o
the accused parties. This is a state of our jurls
prudence which calls for new legislation.
NEW LEGISLATION.
| In choosing between the two expedients OF vestin
a right to sue in the individual Taxpayer or IN t
State il is obvious that the latter should be pre-
| ferred. The existing statutes, intended 10 COME
some limited rights on the individual Taxpayer
are practically nugatOry. The reasoning of tn
Court of Appeals in the denying him the RICH
under our customary Jurisprudence or the common
law argues with cOgency the inconvenience which
| might attend the possession of such power By
| every member OF so multitudinOus n body Thu
wiser alternative is to vest the power in the people
Of the State acting by their AttOrney-General !
will be analogous to the authority which exists IL
respect to private corporations and IN cases OF nul
sances. and of quo rdrrantO; and will be III con
formity TO the safe methods and traditional usage
of equity Jurisprudence.
LOCAL SELF GOVERNMENT.
The establishment of such a remedy for the IN
iured Taxpayer or citizen will not detract from, bu
will make possible, and will found on durabl
basis local self-goyernment. Human society vii
struggle like everything that lives, to preserve it
own existence. When abuses become intOlerable
TO escape them it will often surrender its deares
| rights.
All the invasions of the rights of the people Of tn
city of New-York to choose their own rulers AM
TO manage their own aifars-which have been
practical denial of self-govenment for the las
twenty years-have been ventured upon in the nam
of REFORM under public opinion created by abuse
and wrongs Of local administration. that found IL
| redress When the injured taxpayer could dlse0Ve
no mode of removing delinquent official, and n
way of holding him account in the courts, he as
sented to an appeal to the legislative power at Al
| bany; and an act was passed whereby one tune
tionary was expelled, and by some device the sub
stitute selected was put in office Differing IN poll
tics as the city aud State did, and with all the temp
tations to individual selfshness and ambition t
grasp patronage and power, the great municipa
trusts soon came to be the traffic of the Hobbies.
Is long since the people of the City of New-Yorl
have elected any Mayor who has had the appoint
ment, after his election of the important municipa
officers Under the Charter Of 1870 and again uude
the Charter of 1873, the power of appointment wa
conferred on a Mayor already in office. There ha
not been an election in many years. in which tn
elective power of the people was effective to pre-
duce any practical results in respect to the heads