The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-02-27
Supreme Couft-specinI Term.
lAfyre Hon ludva E, rards

| Frs 24-E6,idge q afe,rtck and Moses Merrick o.
Snydo,s' Sag. Co; Mr. judah moved 70 postpons
In this case order having been made by Ihi-f JUS
tiee Edm"rdr holding them to bail In the SUN Of
sl67 SOL on sfidavits of the plaintiffs. charging that
the defendants the factors pisiBtif had dts
posed of or assigned II 900 barrels -four OF value
to certain creditors in violation of their duty as fac
tors II appeared that the Defendants arrested
On the 18th OF the present month and In the
nominal custody Of the sheriff MIR judah stated that
he bad been served with some vol uminous afidsyts,
amounting TO some hundreds Of clios Saturday for
be motion to-day the affidavit, bringing up the whols
ease for that reason alone it would be i'm possible
day be also 'tated that the plaintiffs rrided in JEFF
rson county and that IL would be ir possible to be
pared oppo.s the motion OF the d.trncants under at
least IL Gays Messrs stunt ana La Rogue resistsd
the application for the OF hearing of
the motion, on the ground Of the enormous an'uas
OF hail and 9e inability OF the defenda Co
it. the bail being In ths for the delivery OF the
property and not fer the forthcoming of tee person.
ant that under the circumstances OF such q tho
plaintiffs should have been IN New York in sntio
patton OF this motion. Mr. Kirkland and Mr. judah
not have weight with the ;ourt than one OF =
smaller amount as rhe principle In both the
tpd that no plaintiff could anticipate the trial OF his
hole on motion OF this hind Tn. Judge con.
gdered that the notice too short. but that all
cares OF arrest the plaintiff ought to ready, that
und'r the circumstances OF this case tbs plsntfS
were not In fault; and as the aefs ndsnts were not
actually locked up the motion .houla lay over till
next Saturday by which tim. the plaintiffs must
exert due diligence TO be ready to proceed
ryESlno SESSION
THE IG1CNCTIoS AGAINST THE MAYOR
Fen "a james r. Berf'ne and j N Rvsrson IS. a c
King land, Magor If me ciy Of Neo York The court
met At four ana hall o'clock tor the express purpose
OF bearing this argument 1t II notion on al
order TO show why the iounction granted in tas
action by Chief Justice Edmonds shona not be ds-
solrsd The Injunction restrains the Mayor ana his
yents from int rtring with. In any way assuming
to binder or obsruct The pnin,if- their licensed
drivers from running or 90 RIM rms iic,nsed
stages or coachss mentioned in the accord
ipg 10 the tener and eect Of the licenses grated
the plaintiffs except In cases OF p,sut for vola
~ he n Tpan aanft ha nnv,.u ~
complaint e dated on the 14tb OF February add state,
that intis compose the frm OF Beriiue and Rysr.
was given by G. q woodruff then Mayor. to gyersoa,
TO run teen stagos aud the % OF January 1851,
tornn nys additional stag.s PLAIN t' entered into
arrange mems to carry out t5's permission. On tho
on the route from the Eua,oii Railroad depot corner
q Tenth Gv,rus snd Thirty frst straet to and
through toartstnth street TO thu Ninth avenue.
Though the Ninth Avenue and Greens ich street 60
tpripE styeet through spring street and Beosd~ to
Grand street. and through Grand street to the vii.
lians eurgh ferry ietur ming by the ssm- rns
licenses are numbered IRON 5S0 500 IA ,asivs
piauif' paid $50 FIR IN license 400 al aad In
curr,c ezpens.. 20 thr Aggregate OF SIS 600.
The complaint alec that on tn, t,th 4 Feb usry
the tate OF the COMPLAINT faur stag ha aeno.d
running Oh the eth OF January Mr. K,nrsl.,d vas
Installed Into the d crafty ON l2tn 81 brusry
he directed spa caused four lie, drivers To be ar
ed With 5ut ust cau.s end d~ci.r.d tho n eo,rs
REVOKED which poEer the plaintiffs complain. Gas
unrsasonsbly and arbitrarily exercised and ~tth,at
notice 20 tn. ~ 10 thew cause or making com
OF stages occupy the 81 ire route rhA plaintiff. have
.ustsI sd and will susts, great injury ny seton
PEELED 20 d.contlnu .sid I'm. OF stage. at great
loss r ptituts numherirss suits for AGGRESSION
upon th.ir ltgs! rights Plaintiffs claim r.sL,
that the ,aid Mayor ts restrained as above uotn
further order and that said defend pay TO plSn-
TIE $40 o00 Tor their damsg-s and oo.t' oths s,t,on
Br ) M Martin or b. half Of the MAYOR proc-sisf
to resd the AFFIDAVIT o! the Clrrk Of ID. Con Cvuu
ell shostns that line Of stages va. run % the h
hoveD hsr, and al other pur porting TO
prove that notice o. revocation given aiso tns
.mdavit Of the Mayor setting fortn that tho
tic ~ss In coed fsth and not arbitrarily exercised
aud for -essons which be con-d-r-d jlt COUNSEL
rad the sfhdsvit az A. mar,hL stating that che
lac ~ Brrtin. Ry route ecu pted
by other lines except verJ small portion; and ano.
TIER endav,t ,howirg that tho peoole's Lioe ADD
Grand stpot and the nowsry Line we're established
long before thu plaintiffs, route and that they were
dftmea tpfioient; cleo a remon.trsnce of over tss
hundred residents and trader, In Grand strs.t s.sia,t
the plsiptihs lire. after rssdiak son- other ds,u-
neps oounis4 oiered the Injunction order Of JUICE
S.Nr n Blunt on behalf Of the plaintiff. read
several sfdavs in rvpport Of his motion; they sent
principally 70 shoE that Tho n.o.siiso Of the public
Commanded the continuance OF the line of stages of
Bc-une O Ryer,on Counsel also stated tina, b. h.f
pstition, containing up-sds Of Goo sign"ures IA
fAof of the route o. the pisiutifs from r.edsns b.
t.fen the uudson River Railroad and William ,oureh
Ferry
Mr. o'Consr, for a.. Mayor va, about to resaosr.
tain corporation ordinances sben
Mr.. Blunt objected and an srauoent easrsd Mr.
contend that ~ no notice given him of the Ia.
tehtcI 70 read tho'e documents they could 80
Toe Judge decided that ire prtatsd ordioAaces Of
TIE rrf pofstton be properly r-terred
Mr. Davies. on behalf o. The Mayor. then pro s-.d-d
70 argue the case for the defendant aud cnnt-ud.d
thst sn action c. aid not BE- msn'sissd agunr .pso
n CHEER for the performance Of duties conHt ted 20 his
disctetion nor con that dmctstion b. r.v-ts-d
vi,tt BY any court Counsel then r.i-rrrd to 9 Ger.
ti6sd copy Of ths charter of the uommo GounsI
Isge - sec "a pcts Z page is2 see ga L..of
hpr!l ? lsl3 Nj bsviee contino.d and oont-nd-t
hst 81 the time the io.pses we're gr-Btpd the ,ian-
fs hb-v TIE nature and COZ atiors Of the con rat
and subject to revocation aud furth-r that al
oini ofeer can b. held ans bic ssd .pa-ct-o 70
a fgr n mr. sedt ia.
aud IN support VI such doctrin. Mr. D.sl.s rt-rrad
to rster-l cooum'ptsry proofs 20 .ustsin hi ar<a
mpnt For instance " action would ti- alt
juoicihl officers tsprs would Re sud To- the Iit,Ss
tiop Judge would besuNi.ctsd IT, 10 all .uu- thee.
ssysb the result ju ixe or M ttr.tr ~ NJ az.
corrupty can BE- proceeded against tor N -d-n ..aar
by Indictment, aud " proved he removed tom
once. b.Never 70 ms case 90 e'nt-nd n tojuue.
ton can BE- ru,siued what L. the juncti 30 fort q.
o. TO restrain The MAJ tor executing dro,un or
TITO conp'l BIN 60 restore the hceo--. No mi mo.
ton can maze The Mayor reftore ltcsn-e In tact
the 'njunoton Il intended 10 20 cono.tth Mayor
TO arsut ioenfes That's What u isis subsssuce OF,
totske the place Ct the mandsmus
Mr. u. blunt on the psrt Of sersine and Rvsr'oa,
replied occupying NEARLY too h"urs IN very able snt
iesfntd argument Tie said the questioa -ss one 81
vsst importance that the con,t uion OF tbs Uoit.i
s'eie, tanetioned no such po-cr n es /. m-r. so'
'rsct question OF poser Mr. Biuut IN support OF III,
vsw read several going 10 rhos that tns
position taken BY the MAYOR %. ,p set Of oppre.ion
ard that even the Kings Of England coula not o,m.
mend the power tx bihited In this osse b. Mayor
X ng,iend The hing said sr. nlunt o.n grsoi /.
charter privilege and let cannot rsvok- or reps
But here We rec the Mayor granting licenses and
vohirg ., pleasure The prnoip" Is d-'ect's ssstn.
power ooentituto1ei, and csnuot b. sa,txnrd aud
In this proersssve sge becomes arbitrary aud 90
p,es,iv-. At the conclusion o. Me- Biants agup-u;,
vhich VERY eloquent and tmpr-sdv.. thers,y
placing the vhcle ce.s on the "tqps right prip sipa
The court then adjourned until t.u o'olo next
motD'ne. when the argument will b. continued.
Pas 2S-The argurrn, va. copron.d tn,. m,rpis
by counsel for the plaintiffs who cited various anhn
rifles In favor 81 HE Views Mr.. OIouor followed In
reply and the decision Of the court T. reserved.