New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-04-04
REMEDIES BADLY NEEDED.
ANOTHER PRESENTMENT FROM THE GRAND
JURY.
MANY ADDITIONAL ABUSES DI sCovERED IN THE
sHER1FF's OFFICE. CALL FOR THEIR
CONDEMN NATION

soon after noon. and John larsen RoadeS. their iore
man. read in impressive tones an additional present
ment the affairs of the ShcT1n's ohcc Inc "rd"i
Jurors in the prcScntment say:
Since the filing Of the indictment Of March - in the
matter Sherins oricc and Ludlow street JAIL the
Grand Jury have continued their investigation into the
abuses theSen Additioai evidence mas been
taken conclusions expressed in that preenmen'
are hereby adhered and reiterated in all respects
Bv reason Of defective penal laws some OF the gro''e'
acts corruption, perpetraod in defiance oil every pn'
pe OF ocia integrity and regard for tho proper discharge
81 official trusts cannot made the subject Of criminal
indictments Grand Jury Therefore impressed
with the necessity OF immediate legislative action To pro-
vide proper OF furnishing act, OF corruption
COMMITTEE by public officers and their subordnates In
respect to matters directly indirectly connected with
their official duties.
1t is unnecessary further than appears from
the previous presontmen the character kind OF ocal
abuses which required finding OF that presonnent
The encountered in the investigation and the
legal obstacles the finding of indictments for clearly
proven OF corruption Of the lack OF legal
grounds which proceed Notwithstanding proof Of
moral guilt abundant and convincing were incident
ally referred to therein and recommendations were there
the enactment OF broader laws on the SUD-
jHc OF bribery and cNtoron. II appearing. however.
from judicial Interpretation Of the laws of this State
relative bribery and the taking OF unlawful sIatutc
resulting from proceeding based upon an Indictment
found by this against certain individuals
proven by the have accepted pccunary con-
eideration in relation to an oiica
matter by held. effect. that unless Official
action a. distinguished from the individual act OF an
official respect matter concerning which he shall
have done an act his individual caDscty b" Influenced
by reason OF paid promised. the officer i, not
guilty bribery. the Grand jury respectfully INSIST ae
the criminal laws demand prompt revision in order
that acts OF shall receive prompt punishment
1t has recognized throughout this investigation
that the present wholly insufficient TO meet the
situation disclosed by the evidence.
Aside fion this particular other acts OF
similar character and cvncng great disregard Of official
proprety and integrity susceptible Of more proper
treatment at of the Grand Jury prosecuting au
thorties OF individual acts OF dcpravty nNol
ing acquisition personal gain under circun>ts
warranting measures have been numerous, but
except the condemnation and contempt of honest people the
perpetrators have escaped the penalty.
The Die visici Of penal relative the receiving
of glatties and rewards do Official
acts performance official duty apply only TO cNecu
and administrative officers not to the sheriff deputy
sherifs other connected with the administration
Of the Sheiih's Office
The provisions Of Code Of Civil Procedure are like
wise unsatisfactory; Of its provisions prohibiting the
Sheriff other officer from demanding or receiving era
tuy reward for keeping prisoner out Of Jail or gong
waiting with him to find bail to agree with
adversary for other purpose applies only to the
Sheriff o officer who arrested the prisoner
section prohibiting the demanding or receiving
money for chamber f., jail compensation for the
commitment retaining custody release discharge Of
prisoner other the fees expressly allowed BY law APP
plies only to the Sheriff acr. other officer and Is IN
only embrace where the money received
the official act OF commitment retaining IN CUSTODY lo
lease discharge
The term act has been construed narrowly and
technically include act dcne by official
in the discretion act only incidentally
connected with duty directly imposed upon him
These provisions and others, presumably intended TO
cover all where 2Iaucs received by Officers or
their subordnates readily eaded by the persons against
whom they were apparcr liz intended apply pcexts
and objections Oddly recognized by the courts as pos
Sessinc technical merit
The laws relative extortion clearly do not apply to
the species corruption most generally practscd for in
order TO come within definition OF that crime there
must be distinguished from the KIND OF
act referred to an individual act OF an
orica and compensation asked or received or
agreed TO received by the public officer must not only
be in excess compensation allowed to MIN
by statute fee compensation is so allowed
TO him. but must be paid for an omcial service ana
apparently under pretence OF Official right
Other objections purely technical nature have inter-
xened n aid of perpetrators OF wicked and oppressive acts
tending TO shield them proceedings by reason Of the
character OF their relations Sheriff the public,
more particular alusion to which would he nannesty
improper here in OF judicial determination
regarding their force.
80 that IL has been substantially impossible 10 prepare
specific charges against the persons participating in the
general system corruption in the Shcrlns ONCE, loi
any of the specific OF completely therein within
the limits of judicial determination against whch te
acts able lawyers could not be successu
invoked grounds which DO rot involve the uu'h oil
charges.
This corruption has confined to the deputies or
especial" deputies. Clerks and other subordnates in
the Sherins equally concerned in III and
these latter provision OF Ia" WHAT
soever exists under they punished because
they are not public further, actual psrtc
patton OF others who being proven 1t Is
doubtful rules OF criminal law the subord-
mates joined a. aideTs and abettors
Such is the condition OF the laws at the present uHe
Not only may the existing statutes be easily eNaded but
unless a person connected with the administration Of
public office, with It's subordinate duties, IS luDilc
oncer and receives an unlawful consideration upon an
understanding that official act by law de'oivmg
upon him, and for failure to perform which he "ouid
be liable to judicial discipline shtn be Influenced BY
such considers aon he is not guilty Of bribery.
II discretion is vested in him as to the manner IN
which shall Official act it is not bribery for him
TO receive money do that act in any particular manner
so long he confines himself TO method "hioh Is
within his discretion
The Grand Jury insists that any provision OF tho
law making the improper acceptance OF money IN
to Official conduct msoemeahor Is certainly
improper and with the serious character OF
such act
ration OF public affairs and bringing them into disrepute
and i,avor 30 deeply concern the public welfare that
any person. guilty thereof commits an offence Of the
rrayest possible character and should receive exemplary
nunishment SO long such prostitution OF Official
dscency TO private benefit Is regarded as
trivial offence unworthy Of being characterized a. an
infamous crime Just long Will unprinciped individuals
exercising public holding appointments con-
necsd with the administration Of public Affairs, taking
advantage Of immunity from prosecution use their
position dishonest and corrupt ends ana thereby
give grounds for almost universal distrust
Attaining TO the administration OF the public service
proper regard for the public welfare demands tha' inc
public should not be tainted by practices OF the
character disclosed by this investigation and by the enact
ment OF proper much may be accomplished toward
restoration Of confidence official honesty now greatly
shaken.
Reau,rmng recommendations contained in the pre-
xIous presentrncnt Grand Jury insists that the laws
should be and amended that public oicer OF
person holding any subordinate position in any public ONCE
should be permitted receive consideration whatever
for his services except in payment Of his lawful salary or
fees directly or indirectly connected win
any AFFAIR in respect which he Is in any manner con-
earned and also that all clerks employees and subordnaes
whether directly employed by the public by an oncer.
should come purvew Of the law and be liable
for wilfully violating IL.
Offences against law when revised should be de-
nv imnr in