New-York tribune., 1880-03-09
GLNERAL ALBANY NEWS.
SUPERINTENDENT SMYTK ATTACKED.
coNcurRENT RESOLUTION PROPOSED FOR HIS IN
inn ry1ronApn TO TnH TnmUNR.l

SUPERINTENDENT SMYTH ATTACKED.
4 CONCURRENT RESOLUTION PROPOSED FOR HIS HE-
MOYAL.
lBr rgLEORAPH THE TRIRUNRI
ALBANY March o.-lho attack upon the oupeTln-
tendcn of the lusnrace Department. Air smyth, is
r,lrntlessly continued. Mr.. Rhodes, the leader oi
the Democrats IN the Assembly, offered a concur
cent resolution tonight in that body ior the removal
Of Mr Smyt1. No debate followed, as Mr. Alvord
objected 20 tie consideration of the resolution
Under the rules Of the Assembly il therefore went
over - day Mr. Rhodes afterward stated that he
SHOULD cali mp his resolution az the first oppor-
,m.ty that presented itself This >wiii
probably come upon Wednesday. as the
order Of resolutions viii then be reached
Mr. Ehades said also that the ground upon winch
ice was 90 nQ 20 ask fer the removal of Mr. omy'h
WAS thlt the pOhcy holders in Insurance companies
had 81 confidence hIs supervision OF the lnsuT-
.nco companies The Republican leaders are
hkrlv 10 refer tho resolution TO the
Committee on Insurance for consideration.
No leader of minority would be permitted to die
tate policy ID SO Serious matter to the members
composing the majority.
Some Republican opponents If Mr. Smyth in the
senate CONSIDERED to-day proposition that ihey
.holld prof a resolution similar to that oi Mt
Rhodes They decldcd after considerable discussion
hst would be uuwise for several reasons to do so 40
the present tine. Only few days IT was said, nave
passed since Governor Cornell withdrew MI.
Smvrh'. name ard lee has not had sufficient oppor'u-
uty therefore. to choose 3unthcf nom nee SUP tiS'i
vicrahie friends ot the Governor haVc -ciaTed t't
hc W Il refrain from scuolng IN any rOmual Cn.
lcayin1 Nh SmvJa Go enjoy the office. lhHi The
Governor has adopted his 2ohcy j. pot yet ,oDH-
uus f. - stated an good au'h"NtN
t Zee has not expressed such an intention 20 any
ore rcgald.ng Mr.. ~myth IN. AbWg ErpFes''
Wh cl as been pOpu riV regarded 0i la'e a. lho
4 tha
t,y 10 declare th. ITS article OF last wees stailnR
tiat the ,invcruor dd uoi i't"n 60 send Do any
more nominations. was un1nlhorzcN'
ATTACKS on MIR. WARD RFPFlLED.
THE Atl.nNvY-GENERAi SHOWS HOW I'M CANAL
s-iFs srA>p-uls REASONS rOR ArPEMlNG
lrRou uE GEgULAR CORRESPONDENT OF rIt r~nUNEi
ALBANY, March S.-Attorney General Ward
has se-u savagey- attached IN some newspapers
thc past two daFs ror MS action ~ taking the
,fnou- suit Of tho state against pcnison. Ecljcn
& Co., 10 the Cour. Of Appeals. Iuasmuch as tifs
ap,.esi. winch was taten eaiiJ IN Janu'ry
md artucd only few woeks afterwaId, has
h,,c,o.ore excited np comment, % IS considered
htt 10 this at. dae such torrent Of al
verse criticism s1ol.l Doc et loose. II "a ocn"vcd By
many persons that hc:c - some other motive beiIad
line iic.n than that OF merely calling attention 10 tine
ci4 o. Riatc otr,r. The h1s been expressed
20 aav 'ha tne assault spred from TWO directions
.rln fri nt of bt Tllrn who desire 20 couuteract any
bad iinpfes ession that thc pubic might acquire hN
s.eiuc the SUIT which lac msugalcd decided by
tir Colrt OF Appeals favor OF the dofcnnanis; and
<,c,,n.i.y from R.pubucan opponents Of the state
Administration WHO striving 10 brinc 'no discrcm
sith ne public
Tie history OF The low sui; II .hori o.e u was
nou.ld by Attorney General EIait ~ 1870
Again.i II. d Du3 ou, !. ]. B"idon' \. tnd-
vel B B.ld.n and Thomls Gale, all "i syr"ctr'. e.
rec ,vcr money ,yhicn 81 cluca hd hc'n ovriiaId
tit. "a, f.st b su.rs rf
schuyler and the Lower Moha"@ Aq"cdnct. The
case was referred 20 three referee ines Euioti
Ciurlc- o rappan and I.aar Law 'on-sho on D'eemnu
D. 1877 awarded the STATE S3s7,lO9, which with
costs Drought up the judgment hgsn't tho defend
an To 5000 203. Thc drfeudnnts appealed from the
drrlsion to tho General Term Of the supreme
Court The app .rgned before thc Coa't la sep
,.,,h.r last In December the Court handed down gn
opinion reversing the opinion o. tho Referees.
Two courses open To the Attorney
General he could either begin the sut all over IN the
lower courts or he could appeal from the decision Of The
G. neral T rn to the Court OF Appeals. lie ch"s'
the latter and for this exercise OF s Judgment
has been subjected L the criticism alluded u above
with a view to obtaining Attorney General Ward''
views on tho attack that had been made upon him,
YOUR respondent called upon that officer today ut the
state House Ho found the Attorney General hard A.
work as nsual hui willing give few moments Of his
dine 20 his visitor An Aony Args happened TO be lying
among other papers on the Attorney Generals desk
The visitor opening the paper and pointing 10
~, editorial I'm criticism OF the Attorney General
action IN the DcnisOn case. said What do this aud
other newspaper attacks of Ike nature meant
81 suppose It 10 new Tllden BOOM" sDilingly said
The Attorney General He then continued: alt II
aboni the tim. for the reappeararce OF 'Tilden and
Reform and suppose the reformers think
q rehasn Of one OF the former reform suis' VIII
be "A good card just Mr.. riiden's reform suits
have cost State altogether, ca near MS l
can estimate about 100000 besides doing enormous
amount of grautOus advertising for the concern The
State has 50 far paid the hdders."
WHAT Is the history OF your connection with this
sui ~ said the CORES nondent.
On coming into Office" said Mr Ward renectively,
81 made up my mind thar rs soon a. was possible
fd Of tncm. ant stop further expense 10
the State. Among the first that confronted me
beaten IN the case the theory that Mr.. IL
den. agents adopted IN managing the ease, and the
suit nearly Tean ascertain $4,000 and
d sbursements The referees. who were good
SlOOO 600 On appeal the General Term o. the
supreme Court had set aside aud reversed the
maj there was no Use Of trial-as coud not ex
pct 20 change tho proofs or maze them stronger
I an Mr. Tildcn's Attorney General and all his.
fnDous lawyers. tred the case were able 10 do.
therefore determined 10 appeal the cas-" 10 the COurt OF
'awyers OF Drnison & den inssied upon my
dsmsso2 The &c as ts,r ne fowr iSw' no t9sy ,s
:, neral Term declined 10 do ms. aud sub
mi ed the whoe matter TO ne Court of Ap-
ur.ls II the referees right the stale VIII COT
irct the judgment; II tie General Term WIS righi that
will end the case, ana stop further exp Use 10 tue ne
January and wanted 10 get be case the calendar
ior the ycGr 1850 and have II disposed Of
g" presun the newspapers we're SCI to Work y dsap-
pointed and b. m ID lawyers who had large fees from he
ID jr theory pronounced unsound' yet wan ed the
case 20 go snd be themselves continued Ia Tho case