The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-06-20
Court for the Correction of Errors.

Elijah Purdy plaintiff in error u.s. The People of the
State Of Nem York, defendants in
Nathaniel Ja7ris, plaintiffs, &c. rs. The same
These Two important causes testing the right OF the
Legislature OF $40 to deprive the Aldermen of New
OF the power to sit as Judges of the Cour of Sessions and
70 confer snGh power on two Judges to be specially ap
pointed, will be continued to-day.
In the Supreme Court as stated yesterday Judge Bron
son believed the law to be alteration of the charter
as such. unconstitutional as did not pass by atwothird
vote Judges Cowan and Nelson on the contrary, did
not consider the law affecting the charter and that
majority was authorized to enact It.
The following extracts from the opinions of Judges
Bronson and Cowan. The Chief Justice did deliver
any on this occasion, but stated that he conceded with
Justice Cowan, for the reasons set forth by him in the
case of the People VS.. Norris few days previously
The opinion Of Judge Bronson first given
BRoNsoN, j." The charter granted by Governor Mont
gomery to the city of New York. on the 18th January
100 authorized the Aldermen of the city, with certain
other officers, to hold and keep Of General SEES.
sons of the Peace in and for the city and county of New
atve enactments passed since that tme the Aldermen
sat the Court of General Sessions of the Peace in
New York. for the last one hundred and years." '
tits said that the act Of 1910 [appointng the
two Judges did not receive the assent of two thirds Of the
members elected to each branch of the Legislature and
consequently that it is not valid law. The fact that
lid not have the votes Of twothirds OF the members
conceded by the Attorney General the argument and
from the Journals that only half of the Senators
and less tn half of the members elected to the Assembly
voted for the bill on its final passage"
This brings to the question: whether the Of 1910
is such as to require two-third That the
~ of New York is body polite and corporate and that
the act of 1870 if duly passed alters the charter pro.
-
But it is said that the constitution does not extend public
corporations and therefore majority was sufficient
do not read the constitution The language of the
clause is the assent OF of the members elect
FL to each branch of the legislature shall be requisite 10
erery bill creating, continuing, altering, renewing
body polite corporate.' If the clause
can be construed that it shall not extend alike to all
corporations, whether public or private, it may then,
think be set down established fact that the English
language is too for the framing fun iameral
Which shall limit the powers of the Legislative branch OF
the government" Since the first day of March
tl,a
effect hundreds of statutes creating altering the
charters OF public corporations have been passed. and
with the exception already suggested, hazard little in
SAYING that not one OF those has been passed with
out a twothirds vote in both houses" - ct Gthe
power of the aldermen TO hold courtsl expressly
granted by the charter OF $780, and was conferred the
corporation by name part of its franchise Sec 90
They ,-thc saidsMayor. Deputy Mayor, Recorder ant
4dermen of the said city for the time being or any -four
of them, whereof will the Mayor or Deputy
Mayor Recorder of the said city for the time being tc
be one shall and may orerer hereafter hold and keep -four
courts OF General Sessions of the Peace in and for the said
city and county of New York. to begin, &C. 1t is a.
much part OF the chartered privileges Of the city,
power granted by the same charter to establish markets
make bylaws and regulate the internal police of the
city" As the act did not receive the requisit,
mani is entitled to judgment on that ground"
The following extracts from Judge Governs opi
MON -
CowrS,J. Were | clear tina. the power OF
Alderman Purdy to sit Judge in the Court of Genera
Sessions might be considered strictly corporate right
within art. Q ofthe constitution whether such righ
we're public or private might reqnre sill fur,her ,;n
perhaps assent at once to the conclusion that the ac
If 1910 did not affect his power for want of two-hirt
vote" Here is no attempt by statute to abo
sh the Office of Alderman diminish his power. TIL,
Board iAldermcn integral part ofhe Corporation
having, such certain legislative executive and ma,
be admitted though this is doubtful, certain iulica
powers BY the charter or an act cf the legislature
also thought proper to confer, not The board bu
The Aldermen individual officers the power to act
Judges of the General Sessions of the Peace court hav
ng in It's nature connection with the corporation
md the power OF the itself not being corporate
ikoi lie thc tch
ret OF 1910 has taken away q II is no more
corporate power because annexed to persons designate.
holding the office of Alderman than if they had been
allci by their proper names.
nths view the passing of the act of ls40 not an
temp to alter body polite corporate; but the cxer
se OF another legislative power entirely distinct; tn,
over TO take Jurisdiction away from court aud tran
rr 10 ~other' This | am OF opinion, can always be
ono oy majority vote though the Judges from whom the
over taken may he designated by the same title as
hey are known 10y when mentioned as an integral par,
ecorporanon In short the does not attemrt any
otoh upon corporate power am Of opinion thai udg
custer should be rendered against the
me case was then brought up this oour, ON writ o.
| y" WIN