The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-07-15
Eighth Ward Court.

Before Justice French.

The CoNsrrTUrIorALIrr OF THE GRAIs LAw,-Psu
the plaintiff who is Measarer General OF Grain, against
the defendant for violating sec IA, art 2, chap. part
than those appointed by law from measuring any grain
in the city OF New York. for hire pay or reward under
The defendant who Is one of the former rers of
grain. whose term of Office expired last January,
tnurd after the expiration Of his term and the appoint
of his grain before but in
o'dr' evade the statute he Engaged himself aborer
20 the captains end owners of grain sloops and in that
additional services such assisting to throw
wood on shore, collecting bills, &c.
had measured grain on board the barge Rhinsbsck
several times that he performed the sane service a. the
regular mea.nrsrs that the grain wa, sold ~ this mes
the purchasers that the captain Of the Rhinebeck had
paid him about $50 Tor his services in which nclu
ded his additional labor on board OF the barge
The Counsel for tho defendant commended that the
for the violation of which this action brought
illegal and void. That the charter granted the city OF
New York by Governor Montgomery, in 1884, conferred
upon the Corporation of the city, the power of appoint
ing measurers OF grain orever that the charter having
ratified and confirmed by the constitution of this
SAT-. this privilege in the nature of vested rig ht
aud corh not he taken from the city by subseq act
Of thu 'gislstuTe. That admitting that such act
could passed the constitution required thst every act
affecting body polite corporate should he pass by
two third vote, AMI it had been legally sho in
this case that this act had received such vote
ege by the colonial charter was mere grant
Of political power to the city Of New York for the pur-
pose Of which %gS. ss T:Sssd
at pleasure That IL not in the nature Of contract
which the state would have no power to sever. but 1t
authority to the city Of New York to exer'
else certain powers of government. which otherwise
would be exercised by the State and which granted
burden the leg ssture with every thing pertaining
to the local of the city That in this manner
the city Ike other cities In the State exercised certain
powers government portion Of the sovereign power
OF the State that power was granted and Its exercise
by subsequent acts OF the legislature In republican
form Of government such grant could not from its
aiensbe grant No legislature would have the right to
part thus absolutely with any portion Of the sovereign
power OF the state and place It where never could De
such consequence was inconsistsnt with the whole
nature OF our government The fact that this charter
by the constitution OF this State did net
make its privileges perpetual its grants insenabe
1t simply gave the charter the validity in the State
that before possessed in the province ofNew York The
charter annuIed by the act Of revolution. and with
out its recognition by the constitution, would have no
existence under the government. The effect, there
FORE Of the constitutional provision to continue
impaired; and as it would have been in the power Of the
King OF Great Britain anpu alter revoke it at plea
sure the people of this State. who have succeeded to
him. the source OF an equal right to change
thores in support ofthis position He further contend.
ed that the plaintiff was not required to prove that this
the laws q. published by the authority Of the State were
to be received evidence in ell OF ustice and as
this act four in the statute book was to be infer
prima acie that passed with all the essary
formales. He admitted however that the Court might
inquire into the fact ond accordingly submitted the Jour
nails the Legislature for 1882 by which appeared to
have been passed by two third vote To This the coun
sci for the defendant objected
The Judge decided that this act valid subsisting
law that the Legislature had power to repeal any Por
OF the charter abolish it altogether that they
eHsrer had been amended new provisions added and
others abolished in 1894 He supposed that the feet that
to raise the presumption that two third Ac.
codng to the authority Of the Supreme Court he might
look at the journals or the original act and a. the pro
1uction of the journals had removed all doubt he would
so regard il.
of the statute The defendant had not been employed to
measure grain but as labOrer to perform general ser
raj employ and his compensation had been paid for
his services generally The captain Of the Rhinebeck
had right to employ him hand on board and put him
to measure grain he thought proper This point wss
argued great length by the respective counsel and the
Judge submitted to the Jury whether such an employ.
men was an evasive violation of the statute not, who
returned verdict for the plaintiff for the full amount OF
Charles T. DAILY for plaintiff; N. B. Blunt for defendant
NAvAL-The frigate Macedonian did not suffer
any considerable damage from running against the
Pennsylvania, near Norfolk, stated in our paper
yesterday. She lost her stern boat, which was
completely crushed her stern davits were carried
away, and her spanker boom broken. Some other
slight injury was sustained, all of which would be
repaired in two days. The Pennsylvania was not
much injured
There were, we believe, several ladies' on BOARD
the Macedonian at the time OF the accident, who
were good deal frightened
NShe will soon be in sailing order again, and leave
for the coast OF rica she being the nag ship OF the
squadron under Commodore Perry. The following
is correct list of the officers -
Isaac Mayo Captain; Thomas r. Craven, Lieutenant;
Charles II. Poor, dol B. W. Hunter, do; J. Amy do;
william D. whiting, dol james Mccormick. do; John
Master; Edmund L. Du Barry, Fleet Surgeon; Henry
Er'rg, Purser; - Chaplain Edward J. Rutter.
surgeon; Martin Roche, Professor ofMabemstics; J. C.
Rich, Lisuepan Commanding Marines VIM. c. Tuck,
william n. Thompson, do; Andrew Bryson do Joel s.
Kennard, DO; N'dshipmen ID r. Lambert, Peter Wager
Jr Theodore Lee A.rsn Hushss A. CS en., hhnd
bury. Robert A. Msrr. Cornelius c. Williamson, Mas
ter's Mates Joshua Bryant, Bostsw.inj John Chaplain.
Gunner; Amos Chick, Carpenter; William H. Brsyton.
ssilmsker, william Beers Purser's Steward; L. J. Bus
vne Surgeons steward; Floyd wassamsn Esq, Store
keeper to the African Squadron
The u. g. brig Apprentice, a cruise, arrived
at Gloucester 10th instant, and was at Salem next
day
MELANCHOLY Ace pENT.-At terrible accident took
place last Saturday afternoon, on the Lehigh and
Susquehanna Railroad, about three and hall miles
from this borough Mr.. Theodore Titus, with his
wife and son, and lad about fourteen years OF age
Che two latter of whom had been out on visit to
the husband at his mills, near the Lehlgh) were
coming in their own conveyance, truck car, to
Wllkesbarre. They had, with the aid OF q common
brake, simply, came down the tunnel plane and the
first plane of Solomons Gap, Ito reach the level
below, there are three planes) On reaching the
head Of the second plane, one mile and rod IN
length, descent one foot in ten, Mr. Titus Was re-
quested 10 put on the shoes OF the car, saLe
guard beyond all contingencies But unfortunately,
feeling confidence in his power OF control over
the car, he neglected to take the advice gwen, and
dsobeyed the express and positive orders ct the
Lehgh Coal and Navigation Company, which are
that no car should pass the planes without the shoes
Husband wife and son started on the descent-it
was but moment before il was discovered that all
command of the car was lost, and sweeping with
lightning like rapidity, the doomed freight scat
tered at the bottom ef the plane-the wife almost
mangled mass, life instantly extinct-the husband
bruised, lacerated, senseless--the son with skull
fractured, and dangerous, il not mortal wounds, as
the result The disfa nee that Mrs Titus was