New-York tribune., 1884-02-20
CYDW TO 4TT

The neglect of Governor Cleveland to order n
suit begun to recover to the people of this city
the large sum of money illegally withheld by
the Democratic county officers does not look
we'll for his rofOlo pretcnsiOns. 1t is nearly Il
month since it was disclosed before the
Assembly Committee investigating the city
government that the Democratic County Clerks
had, without warrant of law, retained annually
large sum in fees which should have been paid
into the city treasury. Last year the sum
known to have been illegally withheld
amounted to nearly $4,000. At the same
time it was shown that the Sheriffs had been
collecting several thousand dollars year from
the city on fictitious vouchers. The counsel OF
the Assembly Committee had the clerk arrested
who last year made up the false returns for the
Sheriff. But that was as far as they could go.
They had no authority to begin suits to recover
TO the city the large sum of money unlawfully
retained. That duty properly belongs to the
Attorney General of the State, whose business
it is to institute, "upOn the written request of
the Governor" special proceeding to recover
the money.
Why has not Governor Cleveland made such
a request There is no doubt of the facts.
The County Clerk has practically acknowledged
that he has no right to the fees retained by him,
other than for searches, by OstentatiOusly an
nouncing that he had deposited the sum with
trust company, to await the result of any suit
brought by the city to recover the money.
The Corporation Counsel has given out his in
tentOn to begin such an action against the
present County Clerk. But what about the
large sum due from former County Clerks and
from the Sheriffs
Fortunately there is a law specially enacted
to meet such cases as this. Chapter 40 of the
Laws of 1875 was passed for that purpose. 1t
provides that where any money, funds credits
or property belonging to the State or any
municipal or ether public corporation, has
" heretofore without right, or shall be hereafter
" without right obtained, received, converted or
" disposed of, the people of the State have in
" every such case and shall have a right of
" action to recover the same, with damages or
D." other compensation due, notwithstanding a
" right of action may exist by law for the same
" cause in some public authority other than the
" State, and although an action therefor may
" be pending" This statute gives the At
tOrney- General the right to begin an action,
covered by its provisions, at any time within
ten years after the cause of action shall ac
crue." Any suit begun by the city authorities
would be limited to six years, but the Attorney
General may recover sums due from the County
Clerks and Sheriffs for the past ten years.
The action of the Attorney General would also
take precedence in all the courts of this State,
y and without reference to its order on any cal
= endar be entitled to a preference over any
other business whatever" 1t is further made
he imperative duty of the Attorney General to
)egin such an action whenever 80 requested in
Writing by the Governor. The money re-
covered must be paid to the city after reim-
)ursing the State for all necessary expenses.
Under this act, if proceedings were begun
promptly, over 100000 could probably be re-
'Oyered to the city. The counsel OF the AS
embly Committee, if authorized by the At
Omey General, would long ago have instituted |
he necessary legal proceedings Why does |
he Governor hesitate to act IL cannot be be- |
ause some Of these derelict officials are promi- |
lent Democratic politicians, who may further |
lis political asniratians. There should not be !