The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-05-15


the canal or building the railroad the neck Of
land the sthmus of Tehuanepec between Atlantic
and Pacific BuTHAM.
ALBANY, May Is, lsa7.
The Lost Day Of the Legislature.
Last evening at about IL O'Clock, the House passed
resolution to extend the session till o'clock NJ to-day
the Senate in the resolution and tho Legs
aturc did not therefore adjourn until this morning at
eleven o'clock The members of the lower House were
very hilarious during the session of last evening" the
Speaker vacated tho chair, which was assumed by rus.
tic member when efforts to maintain order were aban-
doned The House remained in session till one clock
a: M and adjourned till nine o'clock A. NJ. to-day
The customary parliamentary forms Observed and
then the two Houses quietly separated.
The bill in relation to the Judiciary In which provi-
sion is made for the organization ali courts Of this
State except city courts contains eighty sections
II finally passed at late period of the session. and is
now in the Office of the Secretary of State order to
give the members Of each House ample time to under
stand the details of this important measure it should
have been introduced ut earlier period The conduct
Of tho committee the Judiciary in retaining it
was out of the power of the House TO amend II
Is reprehensbe and culpabc error and II the
movement designed to subserve the peculiar inte-
rests OF distinct portion of the citizens this State
1t will not be submitted to, but the crime will d.
vuged 1 shall heartily rejoice when the favor and pa
tronage Of the government expansive form
and when the private rights Of grade Of
sacred the rights Of any other the eighty
third section OF this BILL together with summary the
section relating to the disposition of
mense pending in the present Court Of Chancery
which expires by limitation of the constitution in July
next.
Ss3 All moneys in the custody under the control
Of the Court Of Chancey of the Supreme Court on
the first Monday Of July next, shall DO deposited re-
main kept, and invested in the counties in which the
same were paid in as conveniently be with
safety and advantage to the parties Interested And all
moneys that shall be paid directed to be brought into
the Supreme Court county courts organized by this
act shall be by the order of the court deposited Or in
vested in the county where the shall be paid or
brought in as nearly as conveniently be with safety
and advantage to the parties Interested.
he lat nOff he inf
Court Of Appeals and after the FIRST Monday of July
next oil bonds mortgages stocks and securities
clerk Of the Court Of Chancery the Supreme
Court This embraces all the moneys that have boen
deposited invested and ali that remains In the hands
ofihe clerks and registers Of the Supreme Court
Court OF Chanccry The exclusive control of all these
funds ia vested in the clerk Of the Court of Appeals
subject Of course to such disposition the may
from time to time be authorized to make Of them.
This great and prominent bill Of this session highly
Important; 1t presents basis for the organization j
dcia tribunals that arbters of human rights and
liberties; 1t Is continuation Of that judicial policy
which has existed since became partially civilized
When the constitution framed it was believed
that there should be limited abandonment Of the legal
forms which have existed 80 long, and
Of the very foundation of the judicial system
eved that the ancient pleadngs suited to the
age in which we live Thus the Legislature instruct
ed to appoint competent legal commissioners cody
tho laws Of this State, and to reform the Judi.
clary; but the constitutional instructions have NOT
been obeyed The commissioners whom the L.
gislaturs have selected not Of that high order
Of men necessary to accomplish project so momentuus
and OF such Importance to mankind Therefore there
hos been failure In this, well In the bill for the
organization Of tho courts; for this does not
contemplate tho administration Of system dissimiar
to that which exists and which IN not even An i'm
provement upon the laws Of England, from which IL
deduced
You will recolect that I advised YOU several weeks
since that Chancellor Walworth would accept Of
office Of Chief Justice of the Court Of Appeals In a
late number Of the albany argus observe from
this distinguished urst In which he that he
Is not candidate for any Office under the constitu
ton.
y,a lii To-.
Ayes-Messrs. Backus, Barlow, Bcckman, Burnham
Crook, Denniston Folsom, Grid.ey. Hall, Hand. Harris
johnson, Ruggles Sanford, Scdgwick Spencer Talcott
Van Schoonhoven, Wheeler-I9
Thirteen members Of the Senate were absent,
The general bill entitled to authorize the for
nation OF corporations for manufacturing, mining
chanical and chemical operations is lost the commit.
tees Of conference unable agree as to the OK
Of personal liability which should be imposed unon
stockholders, In associations organized under this act
Law Intelligence.
UNITED STATES CincuIr CouRr-May H.-Beforc
Judge Nelson-GiBs,1 Alien, ef al u.s. Cornelius ~
fence closed, the Court opinion the case re-
solved itself into question Of law
OF the act OF Sl2 and submitted to the jury under
the direction OF the Judge subject however the op-
ion Of the Court In banco the question
ton.
JupoE NrL,oS.The view the Court has taken Of the
act Of 1912 prescribing duties upon articles imported
from abroad and among others upon this article OF In
da rubber, has brought the down to simple oues
ton Of constructions question of law The 10Th subd.
vision Of the 9th section Of net enumerates certain
articles subject to duty and among other articles India
rubber when manufactured or rather when used in
whole or In part manufacture the article IL subject
to duty OF 30 per cent The words of the NJ are o
India rubber, oil cloth webbing Shoes braces other
fabrics or manufactured articles composed wholly
part OF India rubber, 80 per ccntum adyaorern. ~
The 7th subdivision Of the 9th section exempts the
following articles from all duty whatsoever viz India
rubber in bottles, sheets otherwise unman
BY this last section 1t will be perceived that after the
enumeration there follows general term expression
in relation to India rubber otured in what
form II may be presentcd In my view II Is proper
to construc those two sections together be-
sdered that Congress had the entire subject before them
and this article under their when they framed these
two sections, they must have had the list before
them well us the dutiable articles; and IL may
be that the word shoe, taken literally would |
include these articles and subject them to duty
But Congress may have also had in Wow the articles
out of the material Shoes made out
OF this material IL Is true not imported prior
the act Of 1872 but the manufacture OF them had
at that time, become extensive. The plaintiffs insist
however and am inclined to favor their views that
Congress had the fabricated article In view and intend
ed to to ourselves the of rubber I'm
this form My opinion Is strengthened when examine
the free list ~ seems intended TO cover and allow
India Rubber TO be free in any form II unman
The other section charges duty the article when il
enters INTO or makes part of any fabric but unmau
taken Of the statute and have looked ut IL good deal
In the course OF the triS II this view correct there
no question OF TACT In the " wrong the go
yernment can review my opinion THERE'S pretence
that these arc shoes made out Of that they are IA
brics OF tho raw maerolthey are the raw material II.
SELF Under this construction am Of opinion the paint,s
are entitled to return Of the duty Verdict for the
plaintiffs for ~ 800 s5 Subject before TO
The opinion Of the court In banco.
SupREME CouRT-Bcfore Chief Justico Drousop Nv
Justice Besrdslsy and Mr. Justice JewettotIons xcro
heard this morning. after which tho cause of lairo va
w hitney was taken up, and the argument continued