Letters and Literary Memorials of Samuel J. Tilden, v. 2Tilden, Samuel J. (Samuel Jones)
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Letters and Literary Memorials of Samuel J. Tilden, v. 2
Tilden, Samuel J. (Samuel Jones)
Tilden, Samuel J. (Samuel Jones), 1814-1886
"Our multitude of judges, with equal powers, were perceived by
him to furnish a hopeful quarry. One wicked, weak, or manageable
could be found somewhere. The next item in his scheme for making
judicial proceedings do the work which a bolder thief might seek
to accomplish by piracy, highway robbery, or counterfeiting was to
engage himself in quarrels where an unlimited number of separate
suits by separate plaintiffs might be brought before different
judges--all aimed at the same substantial object. This enabled him
to make almost at random all sorts of harassing movements against
the same parties. Slap-dash, hit or miss, he poured his shot upon
the selected victims, the loss of a suit or failure of a movement
troubling him not, the number of strings to his bow making this of
no more consequence to him than the loss of a single soldier to the
general of an army.
"You are aware that any single stockholder in a private or trading
corporation may file a bill in equity against the corporation
itself, its managing officers, and any one else suggesting
malversation, and, of course, such a suit has all the usual
incidents of receivership, injunctions, etc., etc. With a desperate
Wall Street swindler for plaintiff, an utterly unscrupulous legal
practitioner to direct it, and an unprincipled or manageable judge,
the blackmailing capabilities of such a suit are not slight. And
when you consider that the stock is always in the market, and
that five shares, or, indeed, a single share, may be sufficient to
qualify a plaintiff, you see the readiness with which a lot of these
suits, like a swarm of insects in summer, may harass. It was with
this single scrap of technical knowledge that the Attorney-General
for Scoundrels qualified himself for his office. In a very large
degree he has lived upon it ever since.
"It was in analogy to this right of the stockholder of a private
corporation that some well-intentioned persons devised the scheme
of judicially restraining municipal and other public officers from
improper action. I believe the history of the rise and fall of this
idea may be found in a long argument of mine reported in 'Wetmore
_v._ Story,' _22_ or _23 Barbour_. You have read it and spoken of it
to me. There is no analogy between the cases, and no basis in our
common-law or customary jurisprudence for the pretended right of a
taxpayer thus to intervene. The inconveniences of such a practice
would be enormous. It should not be permitted.
"Using a noted and life-long corruptionist, Charles Devlin, one of
Tweed's bail, the Scoundrel's Attorney-General has brought a suit
of this kind intended to perplex the Ring prosecutions and aid in
misleading the thoughtless readers of their partisan journals.
Public-domain text, read in full here on John Shaqi.
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