The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1876-01-17
TWEED INVOB is THE LAW.

TWEED INVOB rs THE LAW.
SUIT AGAINST AIToRNE FsENERAL FAIRCaILD,
coRPoRATIoN coUNs' 81 WHITNEY, JACKSON
s. SCHULTZ, AS AGE Mt, JOHN H. KE7sER,
ANDREW ]. CARNEY EICHARB II. CONNOLLY
AND JAMES H. ING sRsoLL.
The New York 81 erald of Sunday saws:
Yesterday a new movement In legal
proceedings was commenced In the
Supreme Court " Messrs. Field and
Deyo, attorneys for the plaintiff, Charles
Devlin VS.. the m ayor and commonslty of
the city of New FORK, the board of super
visors of this COZ lnty, Charles S. Fairchild,
attorney geners OF the state; William G.
Whitney, couns i to the corporation of this
city; Jackson ) Schultz, John II. Keyser,
Andrew J. Gar vey, Richard B. Connolly
and James ii. JIDgersoll, defendants, for the
purpcse, as declared, ofnsking Ingersoll,
Gsrvey, the Watson estate and the Keyser
estate pay owe r to the county what they owe
to it. The ac'iiOR has been commenced IN
der what is K nowD as the Havemeyer act of
1872 chapter 16l, of the laws of that section,
which
ENACTs BRIEFLY As FOLLOWS:
SEC. l. All officers, agents, commission
ers and other persons acting for or on be-
half of any county, town or municipal cor
poration in this state, and each and every
one of them, may be prosecuted, and an &C.
tion or actions may be maintained against
them to prevent waste or injury to any
property, funds or estate of such county,
town or munici pal corporation, by any citi-
zen assessed for and liable to pay taxes
therein, within one year previous to the
commencement of any such actions This
act shall not be so construed as 70 take away
any right of action from any county, town
or municipal corporation, or from any pub
lie officer, affecting actions now pend
ipg, brought tv them or any of them. The
summons for relief to the defendants named
above is in the accustomed form, requiring
them to answer within twenty days. In the
complaint Mr.. Charles Devlin alleges, as
Plaintiff, nomiDaly that he resides In the
city and county of New York, and has there
resided continHally for the last twenty
years and more, aud is assessed Tor and
liable to pay taxes therein and has paid
taxes therein Within the present year, and
In each and every yesr OF the last twenty
five years, amounting each year to $1,000
and upward. As the plaintiff is informed
and believes the defendants, John e
Keyser, Andrew j. Gsrvey, Richard b. Con-
molly, James Ell. Ingersoll, together with
james Watson, heretofore and in or about
the year 1893
ENTERED INTO CONSPIRACY TO
defrsud the county of New York and the
mayor, aldermen and commonalty of the
curing pay ment of pretended claims agsinst
the city and the county, such claims being
sometimes w-olly false, and sometimes
grossly and fraudulSntly exaggerated. In
pursuance ct the said conspiracy, as the
plaintiff is informed, aud believes various
pretended claims, sou of them against this
county, and others against the mayor, AID
ermen and eommonalty, were by the said
-conspirstors, or some OF them, 10 the inter-
est of the others, fabricated aud payment
thereof procured from the treasurers of the
said county and of the said city, respectively,
amounting TO several millions of dollars
from each, Upon the discovery of the said |
frauds, which discovery took place in the |
summer and autumn of 1871, il became the |
duty of the board of supervisors, and of the |
mayor. aldermen aud commonalty of the |
city, and OF their proper Officers, to make |
lawful eff irts, Dy suit or otherwise, to OBJ
tain restitution to the treasarers of the /
county nd city, respectively, of all money
and property of which the county and city |
had been defrsuded as aforesaid. and /
which duty has continued to this day and |
still continues. The defendant, Charles s |
Fsirchild, is attorney general of the state of
New York, and as euch he claims, as the
plaintiff Is informed. and believes, authority
20 prosecute the said cOnspiratOrs and to /
cause them to make res tuition 10 the treas
uIers OF the county and city, respectively, OF
all money and prop rty abtsined by them,
or any OF them, and the right TO recover
all dam ages caused oy the said frauds. The
defendant, William @ Whitney. Is counsel |
to the corporation of the city of New York,
and as sucn it his duty to prosecute ali
claims OF the said county and city ard TO
maintain their legal rights in all courts and /
places. Notwithstanding the duties hereto
fore set forth no civil action prosecution,
as the plaintiff is informed and believes has |
ever oeen commenced against any one ofthe |
conspIIaff n or their estates, and no effort /
made to obtain restitution of the money
and property so frsudulently Obtained a.
aforesaid, except a. hereinafter mentioned.
for money o. property so fraudulently OBJ
tanned, aud Of all demands against them by /
reason OF the 'Tsuds any Of them. He /
seks bat the said receiver or the said officer
UsY be required to
rRosECUTE THE SAID CoNsPIRAToRs
aud th.ir said estates, and endeavor, by all
lawful Eneans, to obtain restitution to the
treasurer of the county aud city, resIec-
lively. OF All money and property SO fraud
ulently obts med. That the officers whose
duty il wss prosecute the said claims,
and who have b en-. guilty of such neglect
and COLLISION, "a aforesaid, be required TO
make good To the county and city. respec-
sively, all waste or injury done or suffered