The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-03-06
Boara OF supervisorr.


Judge Dusr lsborisg under cold, Judge Mason do
take the chair The motion being seconded his Honor
kJussss present -Dusr, Mason Campbell, and paine
/ of the Superior Court, and Judge Woodruff Of the
Common Pleas There we're fifteen Supervisors, ia
clud'Ds the Mayor and Recorder, present Mr.. Beck
The Supervisor Of the Twelfth ward submitted that
sne. With Ii. statute which required the sttsndanos
OF the SUPERVISOR the Judges OF the Superior Court
had a6ourne before in consequences Of the absence Of
one Of the Judges, and the Judges OF the Common
Pleas are not now present he would the adjourn
Judge DuxA said that a. be was laboripg under n.
cold he would not be able express Amssf fully
the fubjeot he intended he should however re-
mark, that he had sought for authorities the Quss-
tion raised and could nnd nons they should there.
corporation Catholic church wss composed Of three
clergymen and eleven lay members. and It vas de-
should be present to sc that is that there should be
at least two clergymsn and six lsymsn present. He
hs 20 %
in courts of law upon the legality OF the decisions
Of THE bedy, constituted ssitis
general dscuesion here took place His Henor the
Mayor conteDded for the legality Of the meeting, and
said there were twenty Judges Of the Court of Common
Pleas present. the Mayor Recorder and Aldermen
being by Law judges Of that court.
Alderman MORGAN said that the Judges had been In
vitsd to attend and n they did not come the
Legislature intended that two judges should have
Judge woopNurr confessed that at first. his views
in accordance with those OF the Mayor but sub
ssquent reflection changed bis opinions He believed
that it would be unssie for them to proceed Judges
Of the fail TO attend the act left them power
to proceed without them; 1t failure Of the act
| which the Legislature only could remedy. With
.pect to an oossrvation made BY the Mayor he would
al which states that the three Judges Of the Court Of
Common Pleas are exclusively the judges Of that
count.
Alderman FRANKLIN moved the adoption Of his reso.
luton for the dismisral OF Mr. Walker from the office
Judge Mason (ss Chsrman) briefly gave his views
the question and said that majority OF the Judges
va. not properly a.s
Frsuklin's resolution could not be received
surEnyIson or IHE NINTH WARD wished to know
wbas they would do in the judges refuse to come!
Judge Masos-The Legslature must interfere.
Juege PANE confessed that he did expect to have
heard some member move that q appeal should be
taken from the decision Of the chair
Alderman FEASKLiN then called for the ayes and
Judge MASON would remark, that II the decision of
the Chair Is overruled, It would not iegalizs the
Judge PAINE regretted that as Judges they should be
brought here this subject; but the Legislature
had imposed II as duty, they we're bound to attend
He contepded that as at present constituted the
ing could go on with the proceedings He did not sp
prehe nd that 1t the Intention Of the Lsgisturs
that the Judges OF the Common Pleas could by staying
away exercise greater power than the twenty i've OF
ty.sight members who have been convoked, and
Judge CAMPBELL expressed bis intention to vote for
sust aiming the Chairman In his decision
The question was then put, whether the judgment Of
the Chair be eurtained, when there appeared against
the CharmaRs decision, twelve and 10 Of it nine
Judges Duer, Campbell .nd woodrun voting in favor
Of the decision, and Judge Paine, the Mayor aud
Recorder, being among the dissentisnts.
Judge Mason then said that as his decision Chair
man had been reversed he should respectfully with
draw. II was not mere question Of order; It was
question TO the legal construction Of the body ana
lie believed in hts hesrt that it is not properly const
tuted He therefore, with great rcspeo begged leave
TO Withdraw from the place which he occupied.
Judge Mason having vacated the Chair the Recorder
The srrrRvIson OF rHs TWELFTH wArp then read
very l.rgthy resolution, embodying ais views -
/ board, ard moved IT'S adoption.
lhs Rseonpsa toh.ir@asl !, IL A. a,ss-A by TIRE su-
(Laughter)
Supervisor OF THE TwrLrrH-No, sir amendment.
The votes were then taken, when the judges except
Judge Paine, declined voting There appeared ave in
the smative twelve In the negative and I'VE declined
| voting
For the amendment Supervisors Oakley, Mullen,
Against it-Judge Paine, the Mayor, the Recorder
Supervisors Grimm, " ard, Chapmss, Morgan, BAH,
Hsws, Dslsmater, Franklin and Conkia
Declined votiDg-Juegss Duer, Mason. Campbell,
wcodrun. and Supervisors Kelly, OF the Sixth ward,
! Tie surtRvsoR of rHE EtrvEsru said thiswas not
meeting for the Standardization Of justice, but
p9I{yfs o. ts,iomins political game ana tina. tn.y
rous spectators that this question ha, drawn around
them. IL viii be made notorious to the county that the
supervisors assemble there for the purpose II
iyirg out political prejudc.s
! surrRusoR OF rHk THInsrsrH wAsp would ask II
there is anything anst the Commisioner of Jurors
IL so, he would ise 10 have IL stated and he would
vote against him. There must be something In the
he had judges attend there for thrss days
with great prom ptude asd Was cure there must be
scme great necessity for the proposed change they
would not be so sissnt In their stendancs, at sons
personal In coDyeDisnce.
The surrRvIson o. r,s ELsvsrrn wanD would boldly
ssk tksm Why ths com missioner TO be removsdf-
vac 1t because be Was dsmocrstf
Alderman MoneAs, In answer to tbs question, said
this gentleman had held tns ofrcs for years tie
Of the word. He would 90 Isrtker, and admit him
fully onpetsnt for the ofce; but he believed there
the reasons for the movement Alderman Morgan said
they the vb,g party bad right to avail themselves
Of the doctrines -hich had been advanced the other
side and put their own friends int ofhce. u they
uhe denocrstO wanted any other reasons, be could
not give them.
| sCr.Huson cf rnr snrs wanD card nsthiug for Mr.
Walker than for the person Who may be proposed
to succeed him; but he did not vsh them to set them
might Involve the a.1y Of sss Ct aps.
IN Of porfsDcs that come before the cvurts
II Il 10 TO be copes let it be done legally.
| on Aldsrmsn Franklsn's resolution being put, foe
the dHmssl Of Mr. wsiksr there appeared IN favor Of
ttvAte. There we're none In the negative. Eleven,
amongst whom we're JUDGES Duer, Mason, Campbell,
and oodrun declined voting
The resolution thsrefore declared carried.
ing nov adjourn nrs die Nessuvsd By fourteen TO ave
The ndges sScept Judge Paine, Who vossd In the ne
Aidsrnss Fs.sTIIr then proposed that J. H. Robert
s.,s BE- hs1.ey sppS,s''d % Commissioner Of Jurors
The resolution put from the chair, and the Re-
I corssr declared that the ayes carried H.
A resolution vas then proposed By Supervisor Mil
Ter and seconded BY Alderman Morgan, 70 the effect
thstthe renewal cf MIR Walker n his
character his conduct, and that was not caused
BY any dsrelcton Of duty on his part Carried unsni
y mtusly.
Aidsrmsn Ksllr, Of the sixth yard, proposed that
committee be sppointed TO decide what the name Of
7 this body fs. tLsushter)
The Ercospss-As many - are Of opinion that this
resolution be referred TO the Supervisor o the sixth
vsfd. tsy aye; the contrary, no. The ayes have 10.
Referred TO Alderman Kelly, the proposer.
/ Adjourned
United states District Court.
Before Judge Belts.
MsncR 4-The Grand Jury came into court, and
presented bills OF indctmebt against James Mosrisey
Tor larceny Of Miss Dilis~sys property the high
and sgsinst John schccnmaser ana Louiss wortr