The New York herald., 1878-02-21
The Superintendent of Insurance
Accused of Malfeasance.
COMPTROLLER OLCOTT'S CHARGES.
A List Of the Bills
Not Audited.
SUPERINTENDENT SMYTH'S LETTER
[Br TELEGRAPH TO THE HERALD

ALBANY. Feb. 20, 1878
To-day Governor Robinson transmitted 10 superiu-
tendcnt Smyth copy OF tho charges OF official NAL
feasance presented against inter by Comptroller
Olcolt, ut the Tins notifying Mr.. Smy,h that
the charges lled aud that he could
have q hearug upon them tomorrow morning
ten O'clock. The law does not require this, but u
dono a a matter of courtesy Whether Mr.
smy.h will avail himself Of the Governors offer Is not
get known. Inasmuch a. he has in his statement
practically admitted his violation OF the law, It
is not easy TO apprchend what he may wish
10 say 1t this time In responle the omptroler's
formal allegation. As tho now stands there
doubt that the Governor will recommend
his suspension from Office tho Senate unless pre-
senis novel reasons why such action should not
be taken. Tho Bank Superintendent and the Super
nenden Of Insurance. the Two exceptions to those
State officials whom the Governor bas power
to suspend upon his own
motion. Ia their cases suspension
mov.l depends on the consent OF The Senate.
The friends OF the Superintendent making and will
continue mako heroic efforts 10 oxtrcate him from
his difficulties, and their appeals which would have
little effect upon the Governor, will, undoubt-
edly, be concentrated In the drection OF The
Senate. In that body, however, even among the
republican members OF It Mr. Smyth has but little
personal popularity, yet, should tho Senate shield
him from suspension he would be Liable, un-
der the charges preferred by Comptroller Oloott,
TO Indictment and possible punishment for
msdcmeanor on Elk separate counts. He stands.
therefore, as between Scylla and Charybdia HIS
position Is far critical and his offences alleged
to be far venia than the public generally
suppose them to br. The grounds on which Governor
Roniuson will base his PROBABLE recommendation
for removal very extraordinary. II appears that
superintendent smyth entered upon his illegal
oil approving and certifying bills tor insurance
panies exam nations without submitting them for tho
Comptroiler's audit with his eyes wide open. Soon
nfter be into office last spring he submitted to
the Governor bill providing for The very privilege.
OF certifying such bills in his own oflce
without submitting them 10 the Comptroller, which
privilege he has since usurpcd. Governor Robinson
disapproved Of the BILL and tho plan, Immediately adj
vsng Mr.. Smyth that 1t would be a very dangerous
plan to enter upou While tnero might bc no risk 10
tho State under Dir. smyih's administration there
would, the Governor thought, DO great risk in
the future under incompetent or dishonest admin.
stration Of the Insurance Department II It's noancos
were TO be removed from The Complrolier's supervi
sion. The Governor distinctly said that he would
sien such bill and 10 such arrangement.
Yet tho Insurance superintendent with this warning
ringing his ears went away, and, as he concedes,
took tho matter under his own advisement and con
troll