New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1842-06-20
CouRr FOR rHg CoRREcIIos Of ERRoRs.

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Court Room.Nos g. G. 10, H. II, &c. 10, ~ a. 3S ~
| 81, 20, A..
CoURr FOR THE CoRREcIIoS OF ERRORS. -
| The Lieutenant, Governor in the Chair.
Eljsh Purly, Tsind IN error vs. Tie People VI Tie
State OF NewYork, defendants 10 error Nathaniel JARVIS
plaintiff SC. the anr-These two causes reishg " 'ne
assumed right plaintiffs sit judges Of tie Court oil
Sessions ithsanding the law of I94O altering and in
proving the Jurisprudence Of our criminal courts aud pro'
ding the appointment irregular and permanent judges
came I'D tor argument. The had been passed upon
BY the Supreme Court before which they were carried on
wrts Of quo warrsnto Chief Justice Nelson ard Judge
Covrn considered that the law OF 8io providing tor The
appointment OF the Judges was perfectly CONSTITUTIONAL Sd
gave judgement the people Judge Bronson ksd CON
trary opinion and presented has yrwsat mach engh-The
following the opinion OIL Judge t0"e, meeting ana re-
bulilng tina, of hls associate.
CowES. j. have thought gosi dealupon nc question
of gislave power discussed by Mr.. Justice Bronson, and
perceive difficulties IN which haS not anticipated before
heard bis opinion Were clear that the power OF Alder
man PurJy land Jarvs 10 at as Judge IN the Court o.
Gelcra Sessions NIGH, he considered strictly corporate
right, within D. sect, OF the constitution whether such
right were public private might require still further
e perhaps. asssnt at once to The conclusion tst TIE
act Of 1910 did slec, his power for want Of twoh
such vote required for altering any body poif'>
or eorporae the bad sought abolish the office OF
Alderman diminish his powers such, need not say,
after the opinion have heard that there would be strong
for considering the rct nully Under such We"
NJ the question should feel mach embarrassed by the con-
fcng Of opinsn in this court and elsewbere BE,
here Is no attempt by abolish the Office OF Alder
nj an or diminish power. The Board OF Aldermen are
integral part Of the corporation Session Laws VI! 1885, p
- having such certain legislative executive and may
admitted though this doubtful certs judicial powers
By The charter. act Of the legislature was also
thought proper confer not on The board, but the Alder
men individual officers he power TO act as Judges oihe
General Sesn. OF the Peace e r. : 49, ID edition, sect
in connection with the
alton and the power OF tie Court itself not being
corporate power any thing like i. This IL the power
which the .c OF $40 (se,S L. l240 ISL sect has taken
away. Tie the II the legislature had FIST
declared Tat the AID rmen for the time being should be
Vi-- Chancelors; should compost inferior Of
equity after ELECTION had Interviewed. another
hs abolished heir ehancery poser ssd ,n..ererd
them 10 three gen'fneno o. me ey, 10 - spprnen ~ me
Governor and Senate vs. opinion IL That the latter statute
would - the altering OF body potc corporate,
within the language or meaning Of the IvoihId clause IN
tie constitution The whole would be but the cosirrrng
corporate power because annexed 10 psrsous
designated holding tfe -ice Of Alsrssn than il they
had BEEN called by their proper n,ne'
Ia is view, the Fa,>n. n. the act Of 1910 was not an at
temp; alter body polite corPora'e bu, the
another legislative power entirely dsnct tie power
ase ur ~eon away from one court and transfer another.
Th. AL Of spso on, can always he done by majority
vote ho1gh iss Judge. nom WHOM the power ,.ken
~ grated by e title they known by when
mentioned a. an integral part OF corporation. In short,
the .stre does at surnp any acton upon corporate
roTs OF opinion tina, judi cement should BE- rendered
against ID, defendant
the Cl- Juso. Of the opinion for reasons eI
pressed in People ~ Msrris, IS wead. u.s.
Jusgsmeutbeng resdered in favor the People the
has been brought up thi, Court Writ OF Error Mr.
?. A. Covdrey opposed and coosuded the argument for
plaintiff IN error after which the Court adjourned The
Attorney General iMr. Barker will open for defendants 10
error this forenoon
The Judgement in the case Of Commercial Bank Albany
". Corning, has been postponed to 18th June.
Police OFFIoE.-Cos,TRrcrrvE LaRcEsr-
IN Friday, Dsvis Pearson, boarder at iee Pesreet e
b. poekebook containing IS IS the bench and forget,
ting went out II picked up after BY Mary shep
Fey, OF the house. who exhibited H. when csiined hy
John amey as his and given him when he vent out
soon AFTER Pearson returned and esqung
book. va. tod that wamey bad elsn,d j, was given
10 him. Pearson then demanded OF wainey 20 refused
70 give up, and ~s arrested and to-day commute
ArTsNrr TO srsAL.-A boy named Alexander Devoe at
tempted al o'clock this mornsg 1ea a coat and some
baskets Of suawberries from the wagon Hesry scboon-
maker. Of Lodi, ~ j. while s,aodng nrar