New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1847-03-24

directed Re made By the Controller FOR The purposes
in the resolution specised and TO increase much
the amount Of to he authorized be levied for
the present year therefore be Il
Res0ird That Controller report to til, Bead a. 10
neat stated meeting the Necessary 10 his opnion 10
be rAsed b isx IN addition 70 the smOunt already sp
pied FOR 90 the several judgments recovered By the
People Of ths state against Robert ID Morris. Elijah
r. Purdy and others with the - be taxed IN
cured By them n the defence Of sad suE and their
reasonable counsel fees u be audited and SLOWED BY
Committees Of Finance Of the Common Council and
the counsel Of the Corporation ss directed 70 Be made
by him by the resolution appended 10 the report Of the
Law COMMITTEE Board OF Aldermen 18th February ls47
Presented BY EGbEhI BkNSON.
AderzaA 7htrd Vard.
STATEMENT OF The FAc1s and azi0a Of ~ CorsroH
Council Board Of zldcr1ea, and Board Of SperrisoTf
on he sp5sa Of paying is Salaries Of Juds LyHoh aEd
otlys Assocafs Judges q he COaTf Of GUodi Sssi0Hs
AZ $40 and 54l. Referred 70 II and pan Of he aaasIeo
Preamble AID ResOiufioa
On the I4th May le40 the Act passed Laws $40
p 2s9 for the better organization Of The Criminal
CourI IN This City and County authorizing the appoint
nent BY the Governor and Senate Of two Associate
Judges Of the Court Of General Sessions the said As.o
este Judges esch T. receive yesry salary Of - COO 10
be paid by the Common Council quarterly and repeal
ing By one Of It's sections Ibid p 20 ia K SIG &c
the provisions Of the Revised Statutes authorizing the
Aldermen 10 81 ~ Judges Of the General Sessions.
soon after the passage Of this Act which was passed
by majority md not wothird vote the Common
Council took ground against IT, Upon Tie brat organzA
ton Of the Court under this sw, two Of the Aldermen
nded claimed and took i0er seals processing 70 dis
regard as unconstitutional the Act and insisting that the
Associate Judges there without right having bsen
Illegally sppoEted while. on me otner hand the Asso
ciate Judges conteuded that the Aldermen were Do
longer members Of the Court having been displaced y
the said Act Upon these questions being raised Robert
A. Morris. then the Recorder Of tho City and Who pre-
sded in TIE Court held The Act TO be constitutional 90
far a. lie creation OF the Associate Judges was concern
ed but otherwise IN displscing the Aldernt aud ths
opinion having been sustained By the Court the Judges
Recorder and two Aldermen continued ~ constitute tle
Court until October 1871, when the Supreme Court I'd
Hi . 81 sustained the Act - constitutional, a. wei
- in the creation Of Associate Judges the exclusion
Of the Aldermen the same having been brought otiorc
In trst Is O the associate Judges prssesied their
count TO Alfred A. smith. then Controller Tor ser
vice, rendered Hgreesbly 10 lev with en- spphcauOn Ter
payment On the 5ih August $50 the SAID Controller
made a communication 10 the Board Of Aldermen on
the subject Of payment Of the Judges salaries proceed
inss I'd AID vol tx. ID Which was referred 70 NE
Committee on Laws Sc
On the 10Th Nov. 1870 application vas made BY Judge
Lynch TO the Board Of Aldermen for the payment oil hs
salary whcrsupon Resolution IVES offered 10 pay me
Associate Judges the Court 81 General Sessions tbs
amount Of salary now due and 20 become Que ~ la
sld vol IL n 3i3 which Petition and Resolution Vas
re lerred to the Committee on Laws. &c.
ON the eth February. lsil, the majority Of the Com
Mite on Lave ruade Report the communication OF
the Controller relation TO the payment Of the caia
res Of Associate Judges OF the Court Of General ses
ei0us together with their Petition, 70 which Report
there were appended two Resolutions ne rrsI re-
solrd That me Petitioner have lesve 20 withdraw bis
Petition . and the second kes0lucd hat the Counsel
Of the Corporation be instructed - prepare Memorial
u the Legislature Tor repeal Of the Law for the Organ
izaton Of Criminal Courts IN the City OF New. York
passed May IA. 1870 and that The Committee on Laws
of both Boards take measures 70 cary the same INTO e
feet"
motion laid on the table and printed and the second
Resolution adopted concurred in by the Board OF A.
ssfanfs and approved by EhJsh + Purdy Aetns Mayor
and one OF the petitioners, February lc ISL lne re
port and Resolution neither Of them ever called up
the Report accepted the Resolution adopted by
the Board wss any farther seuon had on NE p
uton application OF Judge Lynch. or on the Tesoa-
uor offered the presentation OF such peuuop &c pay
the Judges their salaries
10 April 1871 Judge Lynch sppied 70 the Supreme
Court for q mAndamus 20 the Corporation 10 cOmpei
them pay bis salary for the quarters ending 10
August November and February preceding. This was
opposed BY the Corporation Counsel. BY direction Of
the Common Council and. upon iuil discussiOo ne
Court by Judge Nelson, Chief justice sustained The
eonsrutionshty 81 the law but refused the msndsmus
upon welestsbhshed legal rule, that where there 4
perfect legal remedy BY action i VII not Be sloWed-
The Chief Justice says Judge Lynch. the relstoI has
perfect legal remedy BY seron the 3th section OF the
Act Of 1910 provides hat the Associate Judges shA re-
ceire each yearly salary OF 5000 10 be pad oy the
Common Council of the City In quarterly payments
Here 10 a legal duty enioined by competent authority
which the Corporation are bound 70 discharge RS AZ
binding on them a. II entered into under their CorPo
rate seal
mis- decision was communicated BY the Corporahoa
Counsel Mr. cowifey. TO the Board Of Aldermen, May
, ISfI m. I'd. AID vol xx. ?. 52s On the 5in May
lsil resolution was offered oy AID Benson pred.csied
on the foregoing decision Of the supreme Court % pay
the salaries OF the Associate Judges which on motion
Of AID Purdy was referred to the Committee on Laws
&c and this closed the action Of the Board on the sub
lect their year terminating on the lin May
The Common Council notwitbstsntlcs the sad oeci
sion Of the Supreme Court did not pay the salaries Of
the Judges and the Legislature on tDe &oth May ISL
passed The AnnuA Tax Bill Laws ls4l y. 2o7 80 AZ.
ihorzing the Supervisors Of the City and County Of
New York 70 raise by the amount required Tor CRY
purposes and In provided that the arrears Of saAy
Of the Associate Judges Of nc Court = SsnerH ses
siOus Of the City and County Of Neg.iork now due.
and their salaries hereafter 70 become due 70 them and
each Of them BY virtue Of The Act entitled An Act Tor
the better Organization Of Criminal Courts IN me S9
and County Of Newl0rk passed May IA, l-to snAl De
deemed County charges OF the City and County Of New
York aud TIE Mayor, Recorder and Aldermen Of me
City VI Nav YORK Of whom the Mayor or Ascsrder
al be one shah audit and allow the account TOT suen
arrears on or the ION day Of July next and here
AMER quarterly. "a such salaries may become due
After the passage Of this law meeting OF the Board q
Supervisors was held Board Supervisors 3li the SAID
IL Morris then being Mayor Of the City. and Appica-
ton was made BY Judge Lynch for payment o. nls
salary add meeting Of that Board on ne zss !aoe
ls4l r. M0rris tAs Mas0v, a. substitute iof resoa
lions reported by the MAJORITY and minority q the CON-
ulitse to whom the sad application referred pre-
ssnted the following Preamble and Resolution
I,t--r=, Tbs saw establishing tbs otc-s u Associate
fuC 81 lrccerA Srsslo-s ~
All o- ne Cty AID Coluiy Or Newly OK, Enc sFns 10
each Judge an annual sadTy u 90 Nss passe4 ~holi
being applied Tor By dc Cay Au1aofi.lss A. =
Toe SEES d lie Inhabitants All ~ere4s 49, nc g
cisin Of he gpsgor COuu ine case % Ies Lsel -
me Aldermen &c % he Cily q -lofA Ha4esss "a
as sx - far al lesss iha appointment q saa Jss
and he payment u sad ss-4riss AID De pey1el. ~ sal
s1Arie. Is Of gAory ups ne City q New foE sna n.y
b- bv sun recovered a. 4as he Cry % Nrr- -
csls. Ard whereas also : he duty d Ne boai4 " -
pervsoFs u obey TIE az, AID prevent eos.s ,elS
10 he CIV 50 ong sad 80 exlsis Now HSfei9ie,
Kssolss2 ThAI 90 rot approve u Or s-neoa 81
and hope for IS r-pe4- -. - -, VI
b ard IA hxreuV directed Psy he saaries ~ -
i.i. ss of.ss Cg1!I u Uclcrai Sessions n secol
lace vxlsh The at entitled An ac 10 ensoie Ne
vscrs Of he Chy and County, 4 Ne~.fOiA " JAW NJ
ney BY tsx, passed Msy >, is4L
Toe.e Resolutions after discussion Tt1c lost y
tic vote the Mayor Voans ssAins his own Aeso-t'oA Z
favor Of paying the salaries On the l'' o. '-J .s,
ster the Bosrd again met Snj Inc Mayor offered tns
ss,ps Preamble and Resolutions offered By him AZ re
previous meeting The suPsrTis0r Of uas Seventeenth
WNa. r. Lee, offered substitute insFeior' "aieh
stated ina, tie Aw creating Two Associate .aasss
50 =