Year: 1874

Court Items.


The arguments on the interventious in
.he injunction case occupied the whole of
yesterday in the Superior District Court.


Mr.. Shaw, in closing for the intervenors,
argued that if warrant is a check when
there is money in the treasury, when there
was no money it was an assignment of the
prospective revenues of the State L. was
q species Of commercial ;paper for COM
mercial convenience, for the benefit Of the
holder, although it does not partake of all
the qualities of commercial paper. There
are s., 600 of outstanding revenue, and
the Legislature has the power to draw
against it. The back taxes are not all dis
posed of by the funding bill. 1t was the
province Of the funding commissioners
and the Attorney General to sift the debt
and attack fraud when the time came
The funding bill was one of those high
political acts which the courts would let
alone-an exercise of the so vereign func.
ton of the State, and not of the court. 1t
would be found, too, that the second sec.
ton of the appropriation bill was in ac-





exercise of power for the Legislature to
make appropriations under it.


Attorney General Field closed the case.
He said he knew when he took the first
step in the case he subjected himself to at.
tack from those interested in appropria
tons. One learned gentleman had gone so
far as to say in court that he had Obtruded
himself in the case. As the law officer of
the State he was the only man who stood
hat- nd ho Nd Of
He then took up the various items seriatem
and commented severely on each. As to
Charity Hospital appropriation, the Revised
Statutes, sections 40l and 402, forbade it.
That law was for, the Legislature as we'll
as for the courts. 1t was to assume S89, 900
OF debts. To whom were these debts duet
The creditors should sue the administra-
tors it they wanted their money. The ap.
preparation was indefinite. 1t it were not
it created debt with the constitutional
amendment staring it in the face. Nixon's
case (23 A., 433; IS A., 402) had settled
that, and it was the same as
this of the Charity Hospital. The
Legislature had provided $l60, 900 for the
hospital. What had become of that9 If
the issue had allowed it he could show what
traffic in warrants there had been, and who
had put money in their pocke As for
the military men who came after their ap-
preparations, let them look to the $1,000
appropriated last year. The claim that
the outstanding revenue should be diverted
from its purpose of paying the obligations
of the year it was created was mOnstrOus
What righ. is there to give it to q man
whose obligation was created since that of
one who holds a warrant of that year.
What right is there to divert it from the
interest fund to the payment Of some stale
and fraudulent claim! Suppose you
collect this revenue, will you take
it from its proper purpose In pay
ing judges warrants and other just
claims that these claims may have a chance
IN the general scramble! The Charity Hos.
pital, General Longstreet and q lot more
come in and swallow all they can get. The
the trough. You say, "the boys are hun
gry.' They looked pretty fat coming here
every day this case came up. But the
clamps OF the law are on them, and want
TO keep them on and squeeze them till they
get leaner before they receive dollar.


Compare the titles of the funding and
appropriation bills. 1t is said the title is
nothing. Is there no sanctity in 1t when
the constitution is 80 express in its pro-
visionsl Examine all appropriation bills
before 1865, especially act No l3l of 1868,
and see how they should be drawn up. The
Auditor testified that not more than $780,
OF the outstanding revenue would be col
lected. Not $50O,0 GOO would be. No taxes
can be collected back of 1870, except in
rare cases when there was . mortgage.
The statute of limitations would run against
them The appropriation bill has an item of
$l7, 900 to the civil sheriff; tees for tax suits
which the State failed to realize on. The
fees in these cases equal the amounts OF
back taxes collected. No man can collect
the back revenue. Each year the Legisla-
cure has exceeded its revenue BY its appro-
priatIons, and yet it is claimed that the back
revenues should be- applied to the payment
Of the excess of 1874.


The Legislature had failed to provide
revenue on which to draw these apprOprla-
tions. 1t was good law that it can not ap-
propriate what it has not got. A late case
IN New York had shown that the duty of
the court was to throttle these arrogant
and stupendous frauds. The Legislature
can not exceed its revenue. 1t is the spec
tacle of a pauper on his death bed beQueath-
ing millions.


Some old friends have said went back
on them, and have come to me to ''let up
on their claims. l have only the answer,
'Show me the law" 1t is not l that have
gone back on them; it is they who have
gone back on themselves. 1t is they who
are wrong and have gone back on the State,
and when my friend attempts to hlch from
the treasury, and there is only myself to
stand between, 1 shall "go back" on him, as
all honest men would, and all honest men
will sustain the effort to prevent the
schemes to sink the State deeper INTO em-'
barrassment and ruin.


The Attorney General reviewed each
claim, mercilessly showing either its fraud
ization of law; irregularity or unspecihc
character; vagaeness or illegality, and
closed as follows:


l have no animOsity against any OF these
persons who were to have been benefited
by these appropriations. desire to do no
Injustice to any man. DivestiDg myself, SO
far as is possible, from all personal feelings,
have no complaint to make as to my own
position The Legislature struck down my
contingent expenses; the salary of my
clerk, and am the only State officer who
has to paw his office rent out OF his salary,
but have no complaint TO make.


l have only few words to say In con-
clusion. have been charged with seeking
popularity, of pandering to the mob anu
seeking the appreciation Of the newspapers.
These gentlemen who say that are wholly
mistaken. visit no newspapers, and am
a man who abhors seeking of mob their
applause and appreciation. / seek no pop,
ularity of that kind. As Lord Mansfield
said, 'that mushroom popularity, gained
without merit, and lost without crime;" but
if they say that l seek the good opinion OF
nv fellow men when l honestly endeavor
70 do my duty, plead guilty TO the charge.


As the law officer OF the State represent
no faction and no party, and say to my
Republican friends that, while will yield
to no man in my adherence to the princi'
pies of the party, those principles will never
induce me to swerve from the path which
believe leads to honesty and duty.


Your honor has shared with me the
odium that has been heaped up. 1t is in
your power to shield the people Of the
State. and stand between fraud and hon.