New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-03-21
supreme THURSDAY, March %
SPECIAL TERM.
Before Judge Mitchell

Before Judge Mitchell.
The People on relation Of George H0uS-
ton against Am5Yose c. Ktagsand, Mayor o. tte CITY Of
Neto York-Altenstve msndsmus requiring the Mayor 10
licenAe the reator as q stsge-dnver' -, ., A., -
The Court, in this csse, made decision gAuuhg e O-
ton TO QHHsh the msndsmus-
The following are extracts from the opinion:
was properly admitted in tbs argument that the ordl
The Common Council are not PUBIC acs ~
10 such sense they be noticed ~hol being sPecs
ly forth IN the peadnss The mandsmus 10 us case
forth ordinances so that the TlenIs OF he relso
ssud 90 far anything before the Court SHOWS on lae
laws OF the Slsle only, and not on The ordinances Oh e
The resor states that he s native citizen over p years
Of ase he has been for about FIVE years Syer oil ON
ubnses and was licensed In October 1886, as Stage
driver by the Mayor Of the City and paid The iees toT us
license which exp red in July lat that on inc 51n o Fe
mary last he applied the Mayor for another license as
stage diver rendered the legal fees aud that the May
or refused 20 grant the lce1se; , -. ..o 81 ,.a
The quotations referred 10 in the argument were those
cOpAiued In I'd r. s. D. OF 1915 pages 446, Z( laws OF
1883 page is, and laws OF 1876, page 4OS - -,
The act of l8lS empow the Common Councu 10 make
dnaSces 10 regulate hackney coaches and the owners
M rivera thereof and their rates OF fare and requires
them to have license from the Msyor and to pay mere
for a sum not exceeding S. -, zoe MACK
ard their drivers be licensed that hey may be
The eGeclusly under the conrS H oil sns S
against ordinances guilty OF msdemsauO nc auu s
OF 1916 made IL app cable to csTinen uiVos
Of stages and omuibues aud The vehic driven ny iei
and To public poIieTs and hand cartInen -, ~ -
The Legislature probably considered tnSi the lNSs Vi
Messengers would he endangered unsknui OF dlsouoi
5srs enrloyed-that the lives OF foot passengers
would also be endangered, and thai coinhohs "oulu O
likely to occur among the numerous Ven,ceo tua1 y 80
our streets and that strangers aso % IlP
sTo misled II the Mayor therefore, mas the
eht TO license The law SdhOhsng must Do power
To- be exercised according bis judgment OF wnats prop
er and that Judgment he exercised when he refused 70
he license He usy refuse because In his opinion mere
ay e already too many drivers licensed or because 1he
applicant may not be suitable persOn-and rs le hoI
hound 10 reasons FOR bis decision III he abuses hs
power he may be impeached. -, u, .,.,..
This il not question % commended wheIner the feS1of
.houd be so~ ed 10 sbor but whether no should DO al
lowed 10 lsbor in a certain pursuit, nc - It.
The MaVor il nsde the uc &c the propety OF granung
resIg or revokng any licenses and win Lnss
discretion So may De esleo Ioe Oout WI" To-
The motoa 10 aussh the alternative mandsnns ls g su-
ed WITH SIC Ct SIS Of mouou-but to enable hs teso
10 cary he case up higher art eaye 10 gtauSu 70
TO an end the writ by inseriug the ordinances reerea
and snv others which be may deem relevant and hsks
up record containing the wit 40 amended W 20
fled nv the Msyor thai no deemed tnexPealeo 70 ksn'
he license pTaSed for and demurrer aud onaer on ee
mnIreT and Inc realor will give notice 10 wriung IA zen
dSys after service OF notice OF the ordeWheher he in'enas
make up such record"