The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-03-23
SUPERINTENDENT SMITHS TRIiL
The Arguments OF Counsel Finishcd-The Sem
nte 10 Vote Next Week.

ALBANY, March 22-Thc Hon Henry Smith
continued the argument for Superintendent
Smyth on the rcasscmhng o! the Senate this
morning. He said that Mr.. Smyth assumed his
Office at a time Of great business agitation. and
OF great distrust AS to the solvcncy Of the in
surance companies in the State. just before he
was appointed the Continental failed This
alarmed the community and tho people de-
mandcd that all the companies should be cx-
amincd. that those who held policies might
know whether they were warranted in continu-
ing to pay the premiums. and witlrthc certainty
that the terms Of their policies would h. car
rcd out in good faith by the companies. Thor
ough examinations were made The New
York Lifo Insurance Company had forty
thousand policies. and II required nico
and delicate computations to arrive ut cor
rect solution Of the question as to the ability
Of the company to secure to each person i'm
surcd the provisions of the contract az
rcassurcd by policies. No law can be found
on tn. statute books rs 70 Ia. charges To be
made for examinations. But for the law Of
1878 the Superintendent might have increased
the, force oi his oliicc Ms much Us he pleased
and collected for services direct from the COM
pnnies Tho Superintendent did not desire to
create any liability against tho state. and not
desiring TO ayoid any Of tho provisions of the
the law he came to the legislature and asked
for n law which would have enabled the work Of
examination to proceed in a husiness-like way.
l. has been heralded throughout the state that
this was u scheme of Smyth 3 10 reward his po-
litl"nl friends. That Is not true. IA counsel
other occasio ns disrcgardcd the law. and were
not accused Of treason. He instunccd the case
OF Judge Allen. who. when Comptroller. refused
70 pay over certain sum for an observatory for
Union College. The college folks cndeavored to
cOerce him by mandnmus. but his course was
Mr MaitRR'ews Hale followed in nm argument
for the people. lie said that'Supcrinte.ndentt
the laws Of 1873 He read from charges made
IN the Miller Investigation 81 1872. and said
been n. hundred-iold worse than any ever
charged against any previous superintendent
The opn ion that senator Harris furnished SUI
perintendent Snlyth with reference to the con
stitutionality of the law was fraud and
sham. lie insisted that Superintendent Smyth
deliberately violated all law apparently to re-
ward political friends. The insurance compa-
mics OF the State were loaded with supcrintcnd-
ent Smyth and his son and clerks. with Senator
hcy's Inv firm; He said the paragraph
and N'M Hale e0GA P"RSS war sp'R Rsa ' rcceT g
$4,000 for two days service was untrue with
reference to the amount Of work performed.
Mr.. Hale reviewed at length the bills Of Harris
x Rudd for examining abstracts. and said he
had made computations. ana found that each
young man OF tue firm was paid fll9s7 per day
for the examination of these abstra rs. He said:
What did Mr.. Tobey want Of s24 0O1 in bills
Eleven thousand six hundred and twenty-five
dollars went to Mr.. Grover. and for the balance
OF $4,000. what became OF III 1t would be- in
teresting to know how much Tohcy ontrihutcd
to the electonerring fund. The facts proven In
this case Will for all time damn Superintendent
Smyth IN the eyes 81 policy holders Of life in
sufance companies. That officer had levied
tribute upon the companies, and he should DO
removed.
The case being closed the Senate agreed to
take u final vot" IN the question ~ removal on
next Wednesday morning ut 10 o'clock. IN open