The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-07-01
Court for the Correction of Errors.


and honorable members of the shaler Guard on one
SIDE, and the at present pockets LETT folks the
oher 10 ar the argument and know what calculations
they can make on them rides BurnhamS and all
sorts OF pleasant places, the present Money
makes the mare CO., is aphorism right well exhibited
by our comfortable ms" when the business the day
over and they are pushing along with their "two-n-
had over tho Third Avenue. 1t is TO be hoped there
will be speedy decision.
Mr. FoorE, who had wholly from his indispo
sihon resumed his remarks. He contcnded that the
vised charter had taken from the Common Council the
right to examine into the validity Of the election OF
sofs having deprived of its judicial row ers $50 that
no euhotised as body even to administer an OATH and
conhncd II TO It's legislative duties The Mayor under
circumstances bound administer the oath and on
ms refusal to do So the application for mandamus the
proper mode to be pursued Mr.. F. cited various prece
dents IN support of this and his other positions In regard
to the right of the Recorder in the members he
contended, and produced various authorities 10 show
that he had such right is the ordinary oath pointed ON
by the institution to be administered TO every officer of
the state on assuming his duties which any Recorder
Mayor, &c IS authorized to administer. Mr.. +. showed
the mode in which Mr. Golden, MIR. Stephen Allen Mr..
rauldng and others when successfully elected Mayors
had the oath administered. Chancellor Kent when he
was Recorder OF the CITY, exercised such power and sub
sequenty declared Recorders he authorized for such
AS respects the doctrine that only the Mayor and the
Clerk OF the Common Council had power swear in the
members OF the board Mr. f. said there would be no end
Il such were the case to the abuses which would exist
The Clerk OF the Common Council is a responsible officer
connected with the whole financial business of the city
He placed in Office by the members Of the Common
Council and let be said that he withhold the oath
rreteNt and by the retain his place where would
the trouble end? Clohe the Mayor too with such extra
ordinary powers as these, and you render him dictator
without the responsibility of dictator. Permit him TO
say that an officer whose term ended shall still retain
ms situation to the exclusion OF the elected and you
give him sovereignty indeed. Even in England the
King dare not exercise what is here claimed with holding
from the peoples representatives the testimonials that
belong to them Give him this power and YOU make our
elections but an empty cermony and create
such as there are none the face of the globe but would
be preferable to- 1t has been said by the opposite counsel
hDd not tha ole rnE,,
We say that he has color of election and deep color
too He produced the will of the people that effect
and was Alderman OF the ward when the last ballot
cast He took part in the proceedings Of the board
an officer de aco, and his binding and valid
relates TO the appointment of clerk. The Mayor wa,
bound to receive the evidence TO that effect; instead
Of which no sets up to be witness Judge, and
every thing else He declared the meeting to
to suppress. He may have thought he was doirg
right but he assumed an extreme dictatorship the
rights and property of the people which the Legislature
Board of Assistants Mr. Shaer had right hold over
The legislature twice refused TO amend the charter CON
tanning the follower clause and passed il in 1890 with
out sueh. There IS no necessity for such clausctht
business Of the Common Council is delay ca by IN,
want OF member as the others do the business Nv
Atwell was elected TO the eice, and had right tc
| its possession His acts, therefore, in relation tc
the appointment OF Mr.. Williams valid and binding
And now said Mr. f. for parting word He then review
ed his points declared that the Mayor had defeated the
will of the people and il is for this Court attend 20 tina
will Fellow citizens said he, for although standing as
|
zens living under the same glorious flag, the stripes an
stars OF which are mathematical OF this caSehe one the
cmblcms OF that punishment due to the guy-the other
the noble principle of election which like those pure
emblems sheds its light from high. To you we turn
We ask that the law shall only be Justly promptly
administered for deferred judgment would be almost as
fatal as defeat My ervent pray is that tins conrover.
be overrued to the peace the city and the honor
OF its people The duty of judge gives him cppor,u-
ny to rise above the petty influences which assa our
fra natures and to mbibe those pure principles which
ass initiate him, fallen man is TO the high
1rf efuf Af III
Mr.. FooIE having concluded Mr.. Woop rose on the
same side He alluded to the documents presented to the
Supreme Court by the plaintiff in error which he said
were smooth and as nice laid egg He showed
that inquiry could be ma lie by commissioners OF elections
into the correctness of returns and quoted case where
several tickets polled at election in this State
with the word Rot for Root and It decided by the in
pectors that the return should all be for the latter The
learned counsel looked AZ the General (who was presently
as he spoke and remarked that the not roed
yet and he hoped would long flourish to nvigorate the
country This was what some folks would call soft soapl
Mr. w. spoke three four hours 10 the period of nd
journment. He will be followed by Mr.. A. L. Jordan.
who closes the case on behalf of the Mayor