New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-02-22


Tuesday, after short and unnteresting sessions
Governor Robinson sent n message to the Senate
Transmitting Controller Ocotts charges against
Superintendent Smyth, Of malfeasance aud viola
ton of his oath of Office. The Senate decided to
begin hearing in the case on March 5.
THE INSURANCE SUPERINTENDENT.
CHARGES THE GOVERNOR TO THE
sENATE-A HEARING TO BE HAD ON MARCH D.
ALBANY, Feb. Ex-Governor Robinson sent
to the Senate to-day the charges against Insurance sn
perintendent Smyth which presented yesterday
by Controller Olcot,. Following is the accompanying
message:
ALBANY. Feb. 81, 1873.
perforn an unweleome but imperative duty in trans
riais misconduct on the part II Mr. John f. smvh.
superintendent of the Insurance Department, lne
facts stated in report made by him to the Assembly,
In answer to a resolution OF that body duplicate 81
which report is annexed to and. forms part OF the
charges transmitted herewith The Insurance Depart
ment was established ostensby az least for the proec
ton OF polcyhoders and stockholders against Improper
and unlawful conduct the part of the Insurance com
panies. Within few years past the Legislature mas
actments against ab1ses on the part OF the
superintendent of the department by chapter goS
of the Laws OF 1873 cited in :ho charges aprOpple
and stringent provisions were made Tor TINS purpose
forbiddns the payment on M %r p tnax or
any bill for sertice In examinations ~ an attoes VI
appraiser G: tie Insurance Department ul'l Tue ste
had atrrOvcd by the superintendent anu du".c"
by the CONTROLLER aad declaring that any party violating
this proyiSio: shOuld he deemed guilty OF misde-
meauor Under this statute. the affairs OF te depart
uent conducted uutll the present superintendent
entered the duties OF his oce tlniIe these ps
visions not in accordance with his own views he made
an Effort have them changed by TIE legislature;
Failing in that. he 10 have gene on IL oren ana
fragrant defiance or tb,ln. . IL, =,
By rcicreuce 10 the COmptroYer's report it will be
seen that certain class OF chattes, agSiegatng aOont
$1,000 have been Submitted 10 ana audited ny me
Cemptrolrr: whist in the case of numerous companies
otner large and grossly improper ehatses, anouhtnS "a
over S6fOUO. bavc been presented ana aproNc OF pau
without aprGv9l, hut the sanction 81 TIE Sipclh
tenLent without having been audited OI presented 10 iAe
Cnmprc.r for audit, required by the statute am
material '2ciS THESE
hay, been ad:cd UY the super ntendent
before committee OF The Senate. In tach OF the casts
specified TIC SucriT eudcnt, under the statute referred
to- gty OF n lnsdeihealOF' Al thIs e"iI4'iP' "a
legislative control Ii To be- su red there is DO depart
lucnt Of the Statc government which may not llkewlhe
rebel against the law. The imposition OF statutory re-
strai,;s and penalties will nc worse thar useless Inc
samo practice which has taken $4,000 from me insui
apce companies without warrant OF the law Wl JUSTIFY
any draft which q despOc OF corrupt SuPti'atchucIs
and his fayorites may eh"ose 20 mHhe, anu
a system of Official brigandage VIII mus pe
crysiailired within the government Every dollar
OF the sl!as forth in these charges was &WesS ap
stractrd from moneys held III trust The Sdptrhieid
his attorneys and appraisers colid aet no Tue 10 IL
except by the law Defyln9 this, they had no Detter
clai than strangers. The offence rs aggravated a. mat
OF the head OF Stare department who mas sanctioned INC
pace of the fund nnntted 10 his care Al seei3s 10
stances cuid bring contempt upon The law ana upon
the legislature. therefore recommend tDe removal OF
the said John T. Smyh from the once OF superintendent
Of The Insurance Department L. hoDlAeoH'
Senator Edlek offered q resolution, which was adopted
that the erste consider the on Maren D. at r.
H. ana continue every day thereafter untl disposition
is made OF the sane