New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1843-07-17
Ir Eighth Ward Court, June 22.-Be

lT Eighth Ward Court, June 22.-Before Jus.
leS -S i ron rs Dune qdee Tins was action
brought By the Plaintiff who Aeasurer General Of Iain
OF the Revised Statutes which prohibits any person other
than those appointed By law from measuring any grain N t
s s Of Newly 0F for hire pay or reward under penalty Of
The defendant who OF the former measure; Of grain
whose term Of Office expired last January continued after the
erption of his term and thu appointment of his 10
grain before but in order to evade the statute he
gagged himself aborer 10 thu captains and owners OF gram
soops and that capacity h. measured all their gram per
forming however additional services such as assisting
TO throw wood on shore. collecting bills &c
It appeared on the part of the plaintiff that the defendant
had measured grain on board The barge several
snr-s that the grain sold by this measurement and the
legal fees charged BY the CAPTAINS to the nat the
vices in which included his additional labor on board Of
The Counsel FOR the defendant contended that the act for the
violation OF winch this action was brought was illegal ana
void That the charter granted 10 the city Of New YORK by
Governor MONTGOMERY in lT32 conferred upon The C2poF
ton of The city the of appointing measure OF gram
forever that the charter having been ratified and confirmed ~
the constitution OF this STATE this privilege was III me naufe
OF vested right and could not b. taken from the CITY by
subsequent Of the Legislature. That admitting that such
an could b. passed the constitution required that every act
affecting body polite corporate should be passed By TWO
hird vote and IT had not been legally! shown IN this case that
The counsel the plaintiff contended hat;he con-
trrr by the colonial charter vas mere grant OF political
power city of New York fer The purpose OF municipal
government, which might be recalled BY the peopleo ie
State acting through the Legislature pleasure hat 1t
not IN the nature OF contract when me state "2uu
no power but it authority TO The cry
New York TO exercise certain powers OF go'efnmen wcn
otherwise would be exercised by the State and which was
granted matter Of puec convenience being lnexpede
70 bn nc @ Sr Of M c Tl saE in this manner the
civ like other tn STATE exercised certain powers OF
government portion OF the sovereign power OF the
That power was granted and IT'S exercise limited Dy
Il might increased subsequent ac VI e
legislature IN sp,iDich form OF soseh tJ gbr or h.
the subject OF an naeabIe Legislature wo4id nave
reign power OF the state and place 1t "hefr Il m C"uc @
reached thereafter by the people SUCH an authority OF s
government, The fact that this charter was recognized By the
Constitution of this STATE did not make Its pnveets per
The same validity the that it before possessed In Inc
proyInce of New York Te charter was annued o e ac
r. would have no existence under The government he
effect therefore, of the constitutional provision was 10 con-
nn4 il uumpared and il would have been IN the power
az ,ha King OF Great Britain 10 ennu alter or revoke al
sas the people OF this State who nave succeeded TO him
oI repeal H. The counsel cited number OF au horlties In
upport of position He further contended that the
To,,hri vote 1t enacted the laws, published BY
the authority of the STATE BE- received evidence III
Al, courts Of justice and this found IN The Statute
b9ok, II fon.lities r. admitted boweSer thai The
Court nigh, inquire INFO the fact and accordingly submitted
the journals Of the Legislature for 1882 By which i appeared
10 have ben passed By wohitd VOTE To this the counsel
The Judge decided that this valid subsisng law
that he L % ;a o"s5 10 thar ei any 5Gf o
cised this power and that the whole charter had been amend
new % s6 bs f ms 0 va, 6asd m
book would be sufficient presumption that il was
tyohird According TO the authority the Supreme
Court he might look the journals the original act and
as III. production OF The journals had removed all doubt he
would SO regard it.
The counsel for the defendant then contsnded that the facts
proved BIZ the plaintiff did constitute VOL alton OF the
statute The defendant had been employed 20 MEASURE
gram but aoors TO perform general services he haq
measured this grain OF his general employ ana
his had been paid for his services generally
The captain OF the Rhnebeck had night employ hi as
hand board and put him gram ne thought
proper This point argued length D. The tepec-
tive counsel and the Judge submitted the Jury whether
such employment violation Of the statute or
NOT who returned verdict for the DEFENDANT:
Charles P Daily for Plaintiff y. B. Blunt for Defendant
July IL.
The one above reported all respects except 70 the place
of measuring tried before the Justice BY the 1sae
COUNCIL on the 18th of July and verdict rendered for The
Deiendaa,-,he Jury not leaving their seat ITH