New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-10-15
Communication

To hi: Homer 6f1yor MictH Sir
shall use no ceremony in addressing you public
man conceiyng as do that all public men are public
property and sure you VIII not in any observations
may think 1T address to you believe that am actu'
ated BIZ any improper motives. So far from that being
the case with great sincerity, you that II Is
because would the Magistrate OF the greatest
city in the Union conduct himself TO ensure the
respect of those who placed him in the envabe position
ne now stands that address myself TO you.
The subject TO which would draw your attention is
whether az Magistrate and conservator OF the public
pesce you justified in the you have adopted
towards certain establishments in Broadway which you
are pleased to denominate Mock Auctions
Your conduct appears 10 70 look ike attempt to
gain temporary applause at the expense Of your public
character Ii this mas been your aim. allow say
that you have sIgnaly failed. The public view
Jour conduct in any thing but favorable light IN this
respect
the intention Of all law makers mas been that every
description of crime misconduct may be- met with
proper punishment TO prevent what Is vulglariy
called any one taxing ute Lduc IN ms ot'n hands NOW
sir your causing be placed opposite the doors OF
Who whatever their moral characters may be land
God knows don't wish 10 defend theIn) are licensed
auctioueers appears to be offence ustabe
in magistrate. Il the first person in the corporation
thus takes upon himself 10 violate the law ne
ample those who perhaps not so well educated
himself rot and seems Ike laying the foundation
for the Introduction in this truly grea, city of Lynch
law
The parties against nom this warfare is waged appear
10 condemned WITHOUT even the
OF trial on the gse Dirt Of public officer.
Now let what in reality constitutes a mock
ion and tEen let the chief magistrate determine whether
there many auction stores that do not come under
the definition OF mock auction stores.
sir Edward Sugden IN his work entitled Vender and
Purchaser says IN examining the rule with reference 10
having reserved bidding at auction sale that Is
behalf OF the vender 10 bid 10 protect the
property from being sacrificed that II Is lawful 10 have
person go TO bid and performance Of contract
where such person is employed can, against an I'M
willing purchaser be enorced-bu says the same learn
ed person If there be than person TO bid at
sale behalf of the vender. the sale then becomes
and the purchaser cannot DC compelled
10 complete his contract These opinions are supported
By ho-t Of authorities both at Law and in equity AID
TO contToyert these opinions. Now If this be law and
your introduction OF with boards warning the public
70 beware OF mock auctions be In your opinion
moral duty think Ia clear that you should place your
men opposite every auction store in the city because
learn even auctoreers themselves that more thar
one person employed to bid al nearly every sale mat
taxes place.
But assuming the lay to DC and thar the
against wEou you thrs proceeding arg the Yer
swindle.s the face Of the earth i u maxim OF
TIE law that no be cordonlned without being
heard and hence your conduct il indefeEcibe II Mayor
aicke can thus put az defiance the iav in any case
however outrageous with IMMUNITY, he must DC
prsed if the parties naested also forget the aw and
resort 70 physical force
This Is not a that any one individually
applies 70 every citizen. II the Mayor has personal
pgue against any he may hey presto put Of his
DULLES opposite their door, and create nusance more
dangerous 70 society than can be conceived.
have merely thrown OUT these hasty remarks ior
your Honors consideration shall shortly rsenle the
subject: JOSEPH 3. POLLARD l-0 broadway.
e We understand that the Directors OF the