The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-02-22
SMITHS REMOVAL sOUGHT
Prompt Action taken on Compt roller Oicotfs
Charges-The senate in the Case.

ALBANY, Feb. 2l.-tiov. Robinson sent to
the Senate to-day Comptroller Olcotts charges
against Superintendent Smyth. together with
message. in which he recommends tho
removal OF Mr. Smyth rs Superintend-
ent of the Insurance Department. After
receiving the Governors message. the
Senate resolved. on motion Of Mr.. Edick. to
consider the charges against the Superintcnd-
ont at O'Clock on March 8. and every day
thereafter until n disposition shall have been
boon made OF them. Following is Gov. Robin
sons message. accompanying the Comptroller's
charges:
STATE OF New YORK EXECUTIVE DEPART-
MENr, ALBANY. Feb 81. 1878. I
To THE SENATE: Iperform an unwelcome but
'S duct on Ky part {" Mr. John F. smyth s1psr-
Rhgs"i charrSs aPe re- ma made by The Compiroer. and
Port made w. him ,nn, $ooy AssSg%%y g"y
cate II which report Is annexed TO and forms a
part of the charge transmitted herewith. The
sihly at least. for the protection Of policy holders
and stockholders against improper and unlaw
g III ah Years % n1 rd ,6e css@ S2
iure has found it necessary to guard
by stringent cnactments against abuses
OF 0 ESTartmSnt BY sSRRSTR'en'SS555 RRSplar S55
OF the laws Of is73 cited in the charges. appro-
ITlWt' anu StIlnkfll II'Nlrl'uH W'I' uluNt lbl
this purpose. forbidding the payment or pres
cntiiion Tor payment ot any bill for service in
examinatons by any attorney or appraiser Of
The Insurance Department until the same
had bccn approved iy the Supcrintcndcnt and
audited by the Comptroller, and dcclar-
vision should he dremed guilty Of misde-
meanor. Under this statute tho affairs of the
department were conducted unit. the present
Superintendent entered upon the duies OF his
ofii c. Finding those visions not in accord
hbne bny Wn ni eS ow yT y S r. 2ae an % %Tans
in that. h. seems to have gone on IN open and
hagrHlt defiance of them.
By reference to the CnmptroVers report. II
| will be- seen that certain class OF charges. ag
eregating about $1,000. have been submitted to
| and an lifted 10y the Comptroller; Will" in tho
| case oi humorous companies other large and
grossly improper charges. amounting To over
s6l 900. have been presented and approved. or
| paid without approval. but with the sanction OF
| The Superintendent without having been
| audited or 'sentcd To the Comptroller for
| audit ~ required by the statute.
lam informed that the material fats sup
| porting thgse charges have boon substantially
mt,ce OF the Senate. In each Of the cuses
| specified the Supcrlnt"nd"nt under the statut"
referred 10 was Euiity oi II ms, 'nincanor u ms
| there J., no department of the state Government
| which may not likewise rebel against the
| law. The imppSiti on oi statutory restraints and
| penalties will he worse than useless. The -amo
practice which has taken sGpOOo from the in
suranee companies without warrant ~ the law
| Will Justify any drait which q ucSrotir or cor
! ruIt Superintendent and his favcrites may
! choose 10 make. anu a system Oi oflclil
| brisandage will thus be- crystallzed within
| the Government. Every dollar Of the sums
| set forth in these charges was lawl'sSly
| abstract ted from moneys held in trust The
Superintendent. his attorneys and appraisers.
| could get no title To- 1t except 10y law. Dlfylng
| this they had No better claim than strangers.
Ihc offence If aggravated as that oi the mead of
"a state Department who has snnctioned n"
pllage ~ the fund committed 10 his care. II
seems 10 re that his continuance In on ee
| under such circumstances would bring con-
| tempt upon the law an upon the Legislature.
therefor. recommend the removal OF ne said
ent Of the Insurance Department.
Mr. Eccle-ine introduced "A bill e. ainend sec
| tion II the act relating to district courts in
| New York city hy adding;
Il aen'n uc brought ~ he wr'ns district II shan
Msk an i,I rynig' ,n; 4 t. N 'lr.st Ggii having
Jurisdiction of 81 % action. which urt shall prut''I
ihel,ron lion ma, e brogshi ,gcl district court
on ~ MAY b, served in sail cV
The resolution relative t. the Spuyten Duyyil
creek improvement was reported iaNorably by
| Mr.. Davidson.
senator pomeroy this morning introduced Il
resolution proving for the appointment of u
| commission, 90 i~ composed ~ thirtrrn mem
| lrr- which shall report to the eglslature what
sularies. If any. paid the puhlt officers # the
| city ana county OF NV ork can bc rightiully
! reduced The commission Is o. meet at the
| City Hall. NV York, AMI report To- the Irgisla-
ture within ten days after it, appointment, Tho
| following are tho gentlemen named; /, n
Parsh. & 0rsc Joncs. Frcdrrirk i. Tanpan.
| Thomns h. Cuunery +. \. tunk ny. Oswald
Qieniqrici h, II ;,fied VIM. {. bryant Vim.
MI Saolrl lieul on'r 4 "a Concurrent rrsnlu-
| ton. rrritiuE that a. aflon in Congress about
me t2rin j. injurious t. lu-'n - Interests,
therefore 1t ls uuw-e AMI a 'trlmrntgl tu hu-i-
nr-s Interests To- ort pu the Turn law NJ TINS
time, and ''uiemniug the Wool larin BILL 1t
| Wn~ laid over.
Eoih Houses adjourned until next Tuesday
| evening