New-York tribune., 1878-04-04

MR.. SMYII ENTIRELY JUSTIFIED BY THE LANDON
ORDER
No reasonable man can deny that the only possible
Ell, ct produced upon the mind OF Mr.. smyh by the al
lowance OF this order was the confirmation OF his pre-
conceived opinion to the unc0nstutonaity OF the
law of 1873. It would have been stronger In fa@
upon that point upon the face of the order such I'M
cOnstitutioEalty had hccn expressly declared; and.
mad It been declared, 1t would have beeu complete
bar 20 this whole proceeding. II such was, upon It's
tits whole tral Sr smyth was correct, therefore, in
subsequently, stating TO various persons ard companes
the erect of the order to be- to declare the law OF 1873
unconstitutional and la cOnsentng To the payment Dy
them OF accounts of attorneys aud appraisers audited
BY hlm; ,,.,, ,,, ~ ,,, III,
wrong Is OF no sort or consequence-he was suDstl-
TALLY right There such thing conviction for
msdcmeanor upon technical violation OF law. lt
must be actual and substantial violation, from
which court or jury may lhier the GRIM
nal intent. SO far the charges or the
Governor are concerned an content to
rest the whole upon the iL ahd complete Vlndea-
tOn OF the Superintendent furnished by this order.
shall not dwell at all upon the able and exhaustive argu-
mens OF the counsel Tor he res ohdent upon the qes
ton of the actual unconsttutionany OF the law OF 1873
upon the various grounds presented py then, nave
had no me TO examine thtn nor are they material III
view OF the They at least nave not been sat
vote for the removal of officer when the whole
burden Of the evidence shows that he acting In the
honest faithful and efficient discharge of the duties OF
his office. upon the construction OF law based upon an
order OF Justice OF the Supreme Court OF the learning
and purity of justice LandOn granted upon the motion
OF Samuel Hand. and sanctioned by the many eminent
counsel present and participating in the proceedings IN
was not only technically, but positively right
WHY THE LAW OF 1873 WAS IMPERATIVE.
have said that Mr.. Smyth has never sought to avoid
the audit Of the Controller under the law OF 1873. lie
has simply claimed that that law imperative or.
he called it, for the purpose OF payment
OF claims OF examining insurance companies pro-
vded under the law of 1853 Let If he right
or wrong The whole complaint that the expenses
of examinations of Insurance companies as con-
templated IN sec II, OF chap. 400 OF the laws
OF 1853, have not been presented to tho con-
troller for audit, and 1t VIII be borne In mind
in this connection that every item Of incurred
by the present Superintendent any employee Of the
oice pursuant to tine provisions OF chapter 366 OF the
laws of 1852 has been scrupuousy audited by the Con
troler and paid by the State Treasurer Now, affirm
there Is not has been In the Treasury
pursuant the law OF 1873, dollar applicable "
the examination of an insurance company as contem
plated section II chabter 463 OF the laws of lso3
| and that there Is other provision Oh law
aud never has been. except that section, under
| which such examination could be made o
the expenses thereof paid. Although 1t Is now claimed
by the prosecution that was tue intent OF the law