New-York tribune., 1880-04-07

AN OPINION OF THE COURT OF APPEALS AGAINST
THE srATE-MUcH MONEY wAsTED-PoINTs OF
THE DECISION.
fBY TELEGRAPH TO THE TRrBUsR.l
ALBANY, April 6-The Court Of Appeals de-
cided to-day In favor OF Denison. Belden q Co.,
in the famous suit brought against tho great canal con-
tractors by the State recover $397109 claimed TO
have overpad them contract for the repair OF
the Erie Canal near Port Schuyler.
This the most noted Of the suits inspired by Gov
ernOr Tiden during his warfare on the Canal Ring.
Its utter collapse when probed by the courts leads po
cans to say to-day that although Mr. Tllden may have
been valiant assaant of corrupt practices In work on
the canals. he was not O very jud.cious one.
His encouragement Of the suit just decided
has involved tho State IN useless
expenditure OF many thousands Of dollars. 1t was
begun and carried by three successive Democratic
who called TO their aid some Of the
aolest lawyers IN the State Two Of these Attorney
Generals were ardent adherents OF Mr.. Tden's and
therefore did their utmost to bring the suit to success
full end In order to increase his political reputation.
Tho suit was referred to three referees all able
lawyers, James EmOtt, Charles o. Tappan and Isaac
lawson who gave judgment in favor OF the State The
defendants took the suit before tho Supreme Court
which reversed the judgment discharged the referees
and granted a trial. This was in November last
Attorney General Ward, coming into office In JAN
uary found himself confronted with the case. He ap-
peaed the decision OF the Supreme Court TO the
Court Of Appeals This action provoked virlen attack
upon him by Mr.. Tlden's frends They we're anxious to
prOong the case that he could still claim credit for
preat wisdom in baying begun It. They ratd that
suit all over again in the lower courts, on
new grounds. The Acknowledgement was OF the
opinion that his predecessors and their counsel
must have selected the strongest grounds for the prose-
cui0n the suit already and that after SIX years had
interviewed II would be Utmost impossible task TO get
new evidence against the defendants. He therefore
deemed 1t best to take his stand he ground OF his
That court stated above, has Just concnrred Ia the
judgment OF the Supreme Court and the state Is there
fore loser
The opinion Of tho Court has not yet been fully pre-
pared and to t Is denied The only record yet
furnished the following memoranda, which DISCLOSE
that borc was difference Of opinion some OF tho
p ,ints In the among the Judges. Judge Floger
read opinion for an afirmance OF the order OF the
General Term. and Judgment absolute for defendants
holding "a follows:
First-That the cause OF action started in the com
paint was one OF fraud alone in which all concurrcd,
Earl j., who thought 1t might hold as one exc IN
tract.
Seeond-That the referees right though not in
all details stated by them " in the opinion
that .p&e Canal Commissioners and the Au-
dior acted without authority OF law in some
Of the payments mado TO the defendants" but
that the referees wrong In holding That the State
eOnd recover oil tho money thus paid and not allow
value Of the work done. In this Miller and Earl,
J. j.. cODourrcd; Church, c. j., and Rapal0. Andrews
ann DnnfOrth, j. j., expressed no opinion
Thrd-That there not ratification by the Leeis-
lature of the unauthorized payments. III this Miller
ann Earl. j. j.. concurred. Church c. j. and Rapao.
the contrary. that there was ratification by the
IpUislatufc